Legislative Update April 28, 2008

Dan Sternglass and Curt Dunnam traveled to Albany this past Wednesday to lobby in support for the NYS pyrotechnics industry pro-pyro bill (S7283) introduced by our Senate sponsor, Senator George H. Winner, Jr.

Curt and Dan were able to meet with a number of senate and assembly staff members who clearly understand that the NYSPC alternative bill is staying on the legislative docket because the DOL bill doesn't yet address the concerns of the mid- and small-sized businesses and licensed amateurs in New York State. The DOL bill, in its present form, not only gives new and excessively broad future regulatory authority to the department but is loaded with punitive "gotcha's" that especially impact individual licensed pyrotechnics users. Not surprisingly, while making the rounds in Albany, Curt and Dan found it apparent from communication with senate staff that the DOL bill was not a priority for the Senate Labor Committee.

On the other hand, the NYSPC pro-industry bill largely removes the NYS DOL from duplicative regulation of display pyrotechnics possession and storage details now controlled by the ATF. Our bill has good support in the Senate and, further, is being amended to add the new DOL-approved Penal Law language revisions that appear in the departmental bill. These amendments to the NYS Penal Law will unambiguously allow private display activities. However, since the DOL is well-connected with Governor paterson's office, and they see our bill as a threat, there is no question that the DOL will demand the governor veto our bill if it passes.

Meanwhile, it is evident that the DOL has developed what we will delicately refer to as turf issues with our bill, and consequently, the DOL continues to push its departmental bill because DOL personnel adamantly refuse to cede any authority to the ATF. The DOL bill, it is worth noting, brings no significant additional safety or security to the NYS pyrotechnics industry -- only more regulations and penalties.

Both bills are, it seems, in a standoff. We could all wait for the next legislative session, except that the NYS Attorney General's office issued an Opinion last spring that effectively outlaws "private" displays such as weddings, etc. Although the AG's interpretation is demonstrably in error, correcting the error requires either judicial or legislative relief.

For this reason, although the end of the 2007-8 legislative session is near, we are looking at the less attractive but more realistic option of modifying the DOL bill and, if the result is good enough, moving that bill through the legislature and onto the governor's desk for signature. Although the departmental bill as it stands is far from even minimally satisfactory, the NYSPC looks forward to further negotiations with the DOL and suitable modifications to it. At that time we will again review it and consider if we are willing to support it. We are presently submitting a list of suggested revisions (many of which were previously rejected by the DOL's chief negotiator but the NYSPA membership considers essential).

Your vocal support of the NYSPC senate bill is still needed as negotiations proceed. Phone calls to your representatives are at this critical point in time more important than ever, especially for NYSPC members whose representatives are on the Senate and Assembly Labor Committees.

Thank you,
New York State Pyrotechnic Coalition