Legislative Updates

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May 7, 2009

Assemblyman Mark Schroeder (D-145th) earlier this week introduced an Assembly bill, A08166, for creation and definition of a pyrotechnic review board by statute. Assembly bill A08166 is a "same-as" companion to Senator Stachowski's (D-58th) bill , S4754, that was introduced in April; these identical bills specify by law the setup and makeup of a NYS Pyrotechnic Review Board (PRB) that is designed to allow and encourage meaningful input from NY pyrotechnics licensees. A key feature of a PRB created under this bill is that it will be defined by statutory law, so that it will answer to NYS pyrotechnics industry and pyrotechnician representatives instead of being created by and, consequently, under control of the NYS DOL.

Links to the text and sponsor memo can be found at the Legislative Reference page.

For assistance in finding your representatives to voice your support of A08166/S4754, see the NYS Senate and Assembly Contacts page.

For news and commentary on laws and legislative affairs affecting New York State display pyrotechnics owners and operators, and to get your voice heard on decisions being made in Albany, register with the NYSPC!

April 28, 2009

Senator William Stachowski (D, 58th Senate District) has introduced in the NY legislature a pyro industry bill of exceptional potential benefit to NY pyrotechnics display businesses and pyrotechnicians. Compensating in part for the glaring statutory deficiencies of Governor Paterson's budget bill Part CC - an agency-centric DOL departmental bill so poorly drafted that it failed in the legislature three sessions running - the Stachowski bill proposes creation of a statutorily mandated pyrotechnic review board that will provide industry and public input to the DOL on ALL pyrotechnics-related matters before it. Unlike any subjugate review board that the DOL might attempt to create under agency rulemaking processes, this board, based on an existing "carnival, fair and amusement park safety advisory board" statutory model, would be appointed by and serve under the governor and legislature. In case of impasse with the DOL, this statutory board would have the power to issue a report directly to the governor's staff. This statute, in short, creates a pyrotechnic review board with teeth.

Click here for the S4754 bill text.
Click here for the Sponsor's Memo for S4754 by Senator William Stachowski.

January 30, 2009

Assemblywoman Barbara Lifton has signed on as a co-sponsor to Assemblywoman Destito's reintroduced pyrotechnics industry public/private shows interim relief bill.

January 24, 2009

Assemblywoman Roann Destito has reintroduced the pyrotechnics industry public/private shows interim relief bill (A10750, 2007-8 session).

(See News for an update on the DOL amendments.

January 19, 2009 - Inclusion in Budget Bill

The controversial DOL departmental bill has been fully incorporated into Governor Paterson's 2009 budget proposal legislation (Budget Bill S57/A157), which in turn was introduced into the NYS Senate and Assembly on Wednesday January 7th.

The major issue here is the secretive wholesale insertion of last session's flawed DOL bill into "must-pass" budget legislation. Recall that this DOL pet bill, even before the above modification, failed passage by a large margin in the Senate and only passed the Assembly by non-binding proxy vote in a mostly empty chamber.

As introduced in Budget Bill S57/A157, the DOL explosives law language is the same as last session's DOL department bill S3911/A9006, but there are a few changes. One is the the addition of the phrase "...blasters and pyrotechnicians..." to section ¤464 so that it now reads:

"...If the commissioner determines that any person has violated any provision of this article, section four hundred eighty-two of the general business law relating to blasters and pyrotechnicians or any rule or regulation promulgated thereunder, the commissioner may issue an order which shall describe the nature of the violation and assess such person a civil penalty of up to ten thousand dollars per violation per day until the violation is corrected..."

This might (or might not) be considered a minor addition of clarifying language but, to the best of our knowledge, no one in the industry vetted this change.

Notably absent from the DOL budget bill language are several important amendments which, under pressure from the NYSPC and legislature, the DOL agreed to at the end of the 2007-8 legislative session.

Similarly, despite assurances by the DOL to an industry representative on the regulatory Working Group, there is presently NO PROVISION FOR A PYROTECHNIC REVIEW BOARD in the DOL budget bill language. The NYSPC considers this an unacceptable omission.

To their credit, during 2007-8 session a majority of legislators in both chambers recognized the DOL departmental bill as an ill-conceived, poorly-crafted and unwarranted piece of statutory overkill which dangerously increases DOL powers. The added irony of inserting this bill into the budget proposal is that the DOL language saddles NYS taxpayers with unnecessary costs for duplicating pyrotechnics industry oversight already provided by the BATFE. This is bureaucratic insanity under the current NYS budget and employment situation.

It is essential that the DOL departmental bill language be stripped from the Governor's budget proposal. Accomplishing this will be much more straightforward since we are now more unified and speaking on legislative issues with essentially one voice.

Text of the 2009 Governor's Budget Bill containing the text of the 2008 DOL bill, without the agreed-to amendments.

October 28, 2008

In an effort to obtain information regarding the Governor's Veto 128 denying S7899/A10750, NYSPC secretary/treasurer, Amy Fenwick, sent a letter to the Governor's Chambers requesting access to the bill jacket for S7899/A10750. Amy's request was met with a denial (see file) based on the fact that the bill jacket contains inter- or intra- agency communication. NYSPC consequently filed an appeal to the denial. As of he current date, there has been no reply to the appeal request.
Reference: http://www.dos.state.ny.us/coog/freedomfaq.htm#reason
"The agency is required to respond to the appeal within ten business days of the receipt of the appeal by granting access to the records or fully explaining the reasons for further denial in writing. If a determination on the appeal is not rendered within ten business days, the failure to do so constitutes a denial of the appeal. In that circumstance, you may initiate a proceeding to challenge the denial of access under Article 78 of the Civil Practice Law and Rules."

Original FOIL letter (file)
Denial of Original FOIL Letter (file)
Appeal of Denial (file)

Mr. Perlman states in his letter denying the original request that "...all of these [responsive] documents are currently exempt from disclosure pursuant to Public Officers Law § 87(2)(g) because these materials, or portions of materials, are inter-agency or intra-agency which are not final agency policy or determinations...".

Our FOIL request letter specified all materials in the bill jacket. It is known that not all of the responsive documents fall into inter-agency or intra-agency category; for example, we are aware that many comments in the bill jacket were supplied by individuals and businesses and did not originate with any state agency. These materials are not exempted by any §87(2) category, and should have been supplied.

Materials in the bill jacket originating from any and all NYS agencies were obviously directed to the attention of the executive staff for the end purpose of influencing the Governor's decision in the instant matter--either by signing (or allowing a timeout on) or vetoing the S7899/A10750 bill. One might well argue that the Governor's decision was inarguably determinative of State policy in this matter.

Acceptance of Mr. Perlman's exemption premise, with respect to agency communications to the governor's office, requires that one accept the premise that agency missives resulting in executive action may be indefinitely shielded from public scrutiny. This is contrary to the Legislature's intent in passage of the Freedon of Information Law. The Legislative Declaration plainly states, "...The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society...".

My observation is that the Governor's veto of S7899/A10750 was clearly a determination that, in itself, sets policy. Further, the Governor's memo, #128, clearly reveals that the veto was based largely on misleading information and opinion supplied by one or more state agencies. This misinformed policy determination will cost the 40 or so affected NYS pyrotechnics businesses approximately $10,000,000 annually, put many smaller firms in that category out of business, and increase administrative cost the taxpayers; all with no benefit and arguably a negative impact on public safety.

It seems logical that, under the NYS FOIL Law, affected NYS pyrotechnics industry individuals and businesses should have the right to examine and understand information that has been presented in the record that the Governor's veto is based on.

September 8, 2008

In NYS Governor Paterson's view, private licensed pyrotechnic displays (for weddings, conventions, private parties, etc.) are no longer allowed in the State of New York.

It appears that Governor Paterson, on Friday, September 5 vetoed the S7899/A10750 NYS pyrotechnics industry relief bill that we all supported.

This bill was the legislative clarification of the NYS Penal Law that was deemed essential to the health of the state's pyrotechnics industry. It is also a bill which passed both the Assembly and Senate with overwhelming majorities, and has since been heavily supported by pyrotechnicians and pyrotechnic firms in letters, faxes and phone calls to the Governor's office.

It is incredible and absolutely contrary to both private sector and public interest that the Governor would veto this bill, which simply removed an ambiguity with regard to the historical practice of permitting private displays. It is a matter of particular concern that the Governor vetoed this bill in the face of such strong industry and bipartisan legislative support.

Paterson, possibly influenced by back-channel departmental lobbying and apparently unaware of the true nature and importance of this bill, has dealt a serious blow to the NYS pyrotechnic industry, and, as evident to even a casual observer, the principle of democratic process.

Paterson's ill-considered veto comes as a disappointment but we look forward to an inquiry into his (staff's) rationale for rejection of this critical legislation and coordination of a probable veto override by the NYS Legislature.

Further information will be posted when the veto memo explaining the Governor's reason for this veto is available.

Update August 29, 2008

Bill S7899/A10750 is on the Governor's desk pending his decision either to sign it into law or to veto it.

Please contact Governor Paterson and express your support for S7899/A10750. See Action Alert for information on how to contact Governor Paterson and sample letters.

June 25, 2008

The most recent version of the DOL bill A09006B was released June 20, 2008. As a result of the concerns of the Assembly Codes committee, NYSPC had expected to see amendments to the bill concerning due processes, criminal penalties, and licensing periods. However, there appears to be NO changes in the bill text with respect to A09006A except for a) the header updates to "A09006--B", and b) an update to the status intro.

June 20, 2008

On June 17th, the NYS Assembly passed the Griffo/Destito bill A10750/S7889 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 NYS Attorney General's incorrect interpretation regarding private pyrotechnic displays, will go into effect 90 days after Governor Paterson signs it into law. (See Action Alert for information on contacting the governor's office in support of signing this legislation.)

This bill sailed through the Assembly Codes Committee in spite of backroom DOL lobbying against it. Your many calls to Assembly representatives and to Codes Committee chair Joe Lentol paid off handsomely.

Meanwhile, the DOL bill ran into trouble in Codes because of its excessive penalties, costs, unwarranted due process restrictions and overreaching self-authorization of power. The NYS DOL has been instructed to amend these sections of their departmental bill before it will be further considered by the codes committee. It is unclear if the DOL can or will amend and resubmit its bill prior to the end of the legislative session on June 23.

In any event, it is gratifying that the Assembly Codes Committee has identified and is insisting on correction of the same DOL departmental bill excesses which the NYSPC originally objected to several months ago.

June 13, 2008

An interim "fallback" bill modifying the Penal Law to expand the definition of "public" displays to include weddings and other private events passed the NYS Senate late Wednesday, June 11th by an overwhelming vote of 48-14.

That is quite a victory for the NY pyrotechnics industry and licensed individuals throughout this state.

The next step is to get the Assembly Codes Committee to report the companion fallback bill out to the floor of the Assembly for a vote. This is now much easier because once a bill passes in one chamber, its companion gains considerable momentum in the other chamber.

So, let's light a major fire under the Assembly to get this bill, A10750, out of codes, passed, and signed into law! Please call your Assembly member as well as the Chair of the Assembly Codes Committee Joeph R. Lentol and express your support of A10750. Please see the Action Alert page for details.

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

June 10, 2008

Legislative Summary and End-of-Session Proactive Advisory:

Last month, the Senate Labor Committee released the NYSPC pro-industry bill, S7283, while holding the DOL departmental bill back. This happened because key Senate members remain concerned over the excessive statutory provisions along with the high costs and penalties of this year's DOL department bill, S3911A. Because of DOL failure to address these concerns, it is unlikely that the poorly-received DOL bill will pass the Senate this session.

Our NYSPC-backed pro-industry bill S7283 defines and expressly allows both "public" and "private" displays while also removing the DOL from duplicative oversight with the BATF of low explosives (such as pyrotechnics materials). Its current status is that it is poised for a Senate vote. However, because there is presently no companion bill to S7283 in the Assembly we are focusing support on a fallback bill that has been introduced in both the Senate and the Assembly. It is a bill that was introduced in late April to update the Penal Law language, and only the Penal Law, in a way that clearly allows "private" events such as weddings, conventions, competitions and so forth. It is important to note that this bill does not include any of the anti-business burdens of the proposed DOL departmental legislation.

The bill is S7899/A10750, and provides relief for the pyrotechnics industry from the Penal Law misinterpretation contained in the NYS Office of the Attorney General's Opinion of May 9, 2007.

Click here to read the Attorney General's Opinion of May 9, 2007
Click here to read the text of S7899/A10750

NYSPC representatives have discussed this relief bill with several legislators and staff and we have found that the NYS legislature is uniformly on the Industry's side with regard to rectifying the Penal Law on the Industry's behalf. But we have to do our part and do it quickly, since the 2007-8 legislative session ends June 23. To clarify the Penal Law and have the new law go into effect later this summer, we have to get the companion versions of this bill out of the Senate and Assembly Codes committees and onto the respective floors for a vote. There is about one week left to accomplish this so we strongly urge all members to get in contact with their NYS representatives in the Senate and Assembly THIS WEEK.

Please see the Action Alert page for details.

May 20, 2008

A revised DOL departmental bill (S3911A/A09006A) has finally been posted for public review. You can view the bill text here. We encourage all pyrotechnicians to read the full version since there are significant increases in costs and penalties. Although a revised version, the DOL departmental bill still retains all the problems of the original bill that the Industry has expressed concerns about for four years now. The DOL has simply added another six pages of rules, costs and penalties.

We note that, several weeks ago, DOL operatives told key legislators in both the Senate and Assembly that the New York pyrotechnics industry is behind the revised DOL bill. This is not even close to true. Moreover, the current version of S3911A bill that they claim the industry had reviewed and approved was not even available for industry inspection until it was posted by the NYS Legislature last Wednesday, May 14.

If you are concerned about this DOL bill, call the Assembly Labor Committee chair, Assemblywoman Susan V. John at 518-455-4527 and tell her you OPPOSE the DOL departmental bill A09006. Call your Assemblyperson (see the NYS Senate and Assembly Contacts link at left) and let them know your opposition, too. An e-mail with specific contact information will be going out soon. Let us know you've made those calls!

Thanks to Senate Majority Leader Joseph Bruno's strong support, our NYSPC Senate bill S7283 cleared the NYS Senate Labor Committee two weeks ago and is on the floor of the Senate, poised for a vote this session. The defective NYS DOL bill proposing increased new costs and penalties was left in the dust.

However, Senator Bruno is receiving a lot of blowback from the NYS DOL and its lackeys in the NYS Senate for having supported our bill over the defective DOL bill. To counter the DOL pressure on Senator Bruno, it is important that you - the NYS pyrotechnics industry and licensed operators - contact Senator Bruno's office and express your thanks and continuing support for the pro-pyrotechnics industry bill, S7283.
Please click the Call to Action! link.

May 7, 2008

Our NYSPC Senate bill S7283, which ejects the NYS DOL from business and private licensed pyrotechnic display affairs falling under ATF jurisdiction, and also codifies in law the legality of "private" display pyrotechnic shows, has cleared the NYS Senate Labor Committee and is on the floor of the Senate to be voted on!
Please click the Call to Action! link.

Here is the latest version (as of May 1, 2008) of the onerous DOL bill, S3911, and the justification memo. If you are not familiar with the severely flawed DOL S3911 bill, this is the departmental legislation where the DOL negotiators summarily rejected 80% of the industry input and which grants the DOL exceptional powers to regulate and punish NYS pyrotechnics licenseholders. If enacted into law, this bill would be especially burdensome for mid- and small-businesses operating in NY state and it would also kill off all licensed amateur activity.

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. To read their report, click here.

April 20, 2008

The Working Group has finished legislative negotiations with the NYSDOL; however, NYSPC feels there is additional work to be done. Read the summary of working group accomplishments and NYSPC's reply.

April 3, 2008

The pro-pyro industry bill has been introduced by our Senate sponsor George H. Winner, Jr. and has been assigned the number S7283. To download the full text of the bill in PDF format, click here.

Information on the bill and the text can also be viewed online at http://assembly.state.ny.us/leg/?bn=S07283.

The 2008 bill has some changes to address industry concern that display operators be licensed, qualified individuals for both public and private displays. To see the differences between the old text and the new clearly described, click here.

March 1, 2008

We've recently had an exchange with the NYS DOL about our proposed legislation.

• NYS DOL's critique of our proposed legislation
• NYSPC's response

Part of the critique and response concerns the proposed attempted prohibition of private displays by licensed professionals, a matter of increasing concern to the NYS pyrotechnic industry.