Call to Action - July 9, 2008

To NYSPC members and NYS pyros:

On June 17th, the NYS Assembly passed the Griffo/Destito bill S7899/A10750 which is supported by the NYSPC and clarifies the Penal Law to unambiguously allow private displays like weddings, sports events, competitions, and other similar non-municipal events.

This bill, and its relief from the 2007 NYS Attorney General's incorrect interpretation regarding private pyrotechnic displays, will go into effect 90 days after Governor paterson signs it into law. The S7899/A10750 bill is on the Governor's desk pending his decision either to sign it into law or to veto it.

Because of past DOL behind-the-scenes lobbying against this bill, it is critical that NYSPC members contact the Governor's office and voice their support for this pyrotechnics industry relief legislation. Below is the Governor's contact information as well as some supportive text that you can email to the Governor's attention or call in and verbalize to his people (or both!)

Governor David A. Paterson
State Capitol
Albany, NY 12224
518-474-8390

You can email the Governor here.

Do it THIS WEEK!

Thanks and best regards,
New York State Pyrotechnic Coalition

TALKING POINTS:

We strongly support the Griffo/Destito bill, S7899/A10750, because it addresses and corrects an extremely pressing problem for the New York State pyrotechnics display industry. This problem was created by a May 9, 2007 NYS Office of the Attorney General Opinion. In that memorandum, the NYSOAG concluded its review and summary of NYS Penal Law sections §270 and §405) by stating that "A town may not issue a fireworks display permit to a wedding party for a fireworks display to be held as a part of a private wedding celebration."

Our concern with the OAG's Opinion stems from the fact that private pyrotechnic events such weddings, sports events, conventions and competitions are a significant fraction, approaching 50%, of current business conducted by NYS licensed pyrotechnic operators and businesses. Historically, such events have been routinely permitted. With due respect to the NYS Office of the Attorney General, the OAG Opinion failed to consider the origin or subsequent history of the relevant Penal Law language, the legislative intent inherent in its formulation, or the historical scope of pyrotechnics display activities in NYS. Historically, the Legislature has never proposed or enacted legislation with an intent to prohibit safe private pyrotechnic display activities by qualified (licensed) individuals.

The full text and an explanation of S7899/A10750 and detailed talking points are at the Legislative Reference page.