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Latest Updates:
News 5/29/09
NYS Senate and Assembly Contacts 5/29/09

News and Commentary

(newest changes are listed first)

May 29, 2009

DOL outlines proposed regulations: On May 28, the NYSDOL sent an email to those interested parties on their mailing list outlining their proposed regulations, including emergency regulations concerning certification and the establishment of a pyrotechnic board. Analysis of these proposals will be posted here soon. In the meantime, the text of the email is available at http://www.nyspyro.org/dolregs20090528.shtml.
For assistance in finding your representatives to voice your support of A08166/S4754, and to request their co-sponsorship of this bill, click the "NYS Assembly and Senate Contacts" link at left.

May 7, 2009

MAJOR LEGISLATIVE NEWS: 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.

ALL NYS pyrotechnicians and businesses will benefit from passage of this "checks and balances" bill and we ask that you read the sponsor's memo (see link below) to fully understand why it is so important. If you agree with the sponsor's memo then we ask that you strongly support this legislation. For assistance in finding your representatives to voice your support of A08166/S4754 and to request their co-sponsorship of this bill, click the "NYS Assembly and Senate Contacts" link at left.

This bill expedites the setup of a review board to assist the NYS Department of Labor with pressing matters such as timely initiation of a pyrotechnician certification program and other rulemaking. The bill will have no adverse impact on the NYS DOL's ability to license pyrotechnicians, promulgate safety standards or protect NYS workers. Consequently, we expect and look forward to DOL and Governor Paterson's cooperation and support in passing this important legislation.

Links to the text and sponsor notes for the S4754/A08166 bill can be found on the Legislative Reference page.

May 1, 2009

An industry-supported bill to create a pyrotechnic review board operating under statutory mandate has been introduced in the NY Senate. See the Legislative Updates page for details.
Assembly introduction of the pyrotechnic review board bill is expected soon. At that time, the NYSPC intends to coordinate a grassroots campaign to ask NYS legislators for co-sponsorship of these companion bills. We will also ask Senate and Assembly representatives to reject any attempt by the DOL to modify or otherwise extract the teeth from this pro-industry legislation.

April 21, 2009

We have been in communication with Governor Paterson's staff and have reviewed with them a number of NYSPC members' concerns with the new NYS DOL Explosives Law. New developments will be reported on this page as they occur.

Separately, an intensive effort is currently being made to complete remedial legislation that will impose reasonable checks and balances on the DOL. Under the new law attached to, and passed with the Governor's budget bill, the DOL now enjoys virtually unfettered ability to formulate rules and regulations adversely impacting our industry. To date, however, the DOL has demonstrated little practical interest or ability in working with the pyrotechnic industry. As a direct consequence, as an individual or small business of limited means, under the new law you presently have little or no recourse to affect DOL rulemaking or defend yourself if caught up in DOL adjudicative processes.

Passage into law of the proposed new legislation will significantly change that equation.

April 14, 2009

It appears that Governor Paterson's people are beginning to realize that the Part CC language that was so naively inserted into the Governor's "must pass" budget bill has made a lot of NYS display business owner/operators and pyrotechnicians concerned and upset. It has been reported that the Governor's people have heard a few direct complaints, and many more relayed from legislators, about the new explosives labor law provisions passed on April 3. Apparently, the DOL is feeling some heat and has begun exploring new channels to communicate with the Industry.

Anyone inclined to call Governor Paterson's office and state their position on issues arising from the new pyrotechnics statutes and the DOL's unwillingness to work with the Industry is welcome to do so. A main phone # for the executive offices is 518-474-8390.

New York pyrotechnicians have been asking about the implementation dates for the new statutes. Here is a brief explanation; referenced sections may be found in the Part CC of the 2009-10 budget bill:
```
§ 22. This act shall take effect immediately; provided that:
1. section eight of this act shall take effect on the thirtieth day
after it shall have become a law,
```
(§ 8 is Relocation of Magazines, 30 days, approx. May 3, 2009)
```
and sections eighteen and twenty-one
of this act shall take effect on the one hundred eightieth day after it
49 shall have become a law;
```
(§ 18 is Licensing and Registration (including new certification
requirements), 180 days, effective approx. Sept. 25, 2009;
§ 21 is Penal Law revisions, 180 days, effective approx. Sept 25, 2009)
```
2. all licenses and certificates issued pursuant to article 16 of the
labor law and article 28-D of the general business law prior to the
effective date of this act shall remain in full force and effect until
such licenses and certificates expire; and
3. sections fifteen and twenty of this act shall apply to offenses
committed on or after the effective date of such sections.
```
(§ 15 is Costs and Penalties, effective NOW, since April 3, 2009;
§ 20 is Enforcement, effective NOW, since April 3 2009)

April 7, 2009

Extensive discussions with pyrotechnic display businesses and license-holders on the significant impact of the hard-line NYS Explosives Labor Law recently passed in Governor Paterson's budget bill are continuing. We are also looking at legislative strategies to fix the major problems. An update on "highlights" (or, more accurately, "lowlights") of the revised statutes will be presented here soon.
An important question asked fairly often over the past few days is: "When will the new pyrotechnician certifications be required and when will they be available?"

With respect to industry concerns about the pyrotechnician certificate of competence, here is the incorporated schedule for implementation of Part CC statutes:
```
45 § 22. This act shall take effect immediately; provided that:
46 1. section eight of this act shall take effect on the thirtieth day
47 after it shall have become a law, and sections eighteen and twenty-one
48 of this act shall take effect on the one hundred eightieth day after it
49 shall have become a law;
50 2. all licenses and certificates issued pursuant to article 16 of the
51 labor law and article 28-D of the general business law prior to the
52 effective date of this act shall remain in full force and effect until
53 such licenses and certificates expire; and
54 3. sections fifteen and twenty of this act shall apply to offenses
55 committed on or after the effective date of such sections.
```
To the best of our knowledge, no fireworks displays may be legally shot in the State of New York after late September, 2009 (§ 22 (1)) without the operator having at least one person with "...a valid [DOL] certificate of competence as a pyrotechnician..." (§ 21).

To be on the safe side, NYS pyros should have their certificates in hand by mid-September.

It's all up in the air as to how the DOL implements the certification section (§ 19(2)). They can put in anything they want. Right now, the DOL administrators are looking to a former member of the defunct "Working Group" to cobble together a package for agency consideration this spring.

That's a fairly tight schedule for implementing a testing, qualification and certificate issuance program that requires proof of experience. Proof of experience is going to have to be carefully defined so as to not exclude possible startup businesses or licensed amateurs.

This may be a real mess if every applicant has to PROVE that they've logged in "x" hours of "real" shows or training within a certain recent time period. Of course, the big problem we all face is that the DOL has not even begun implementing a certification training program yet - let alone certification standards - and the clock is ticking.

Violation of the certification requirement is a misdemeanor with a fine of up to $1,000 per day, essentially uncontestable (§ 15).

April 3, 2009

Senate budget bill S57B, containing the problematic DOL departmental legislation, passed this (Friday) afternoon - to no one's surprise - on a vote strictly along party lines.

Key legislative staff expressed in phone conversations earlier today that they and their bosses are very unhappy that many provisions in the budget were forced through the legislature this week without proper discussion or any meaningful compromise with the minority party - including the atrocious DOL-inspired Explosives Labor Law language. The offer has already been made to introduce legislation on behalf of the NYS pyrotechnics industry to "fix the problem".

More on this topic later in the weekend, after Kellner's Demo Nights!

April 2, 2009

NEWS FLASH!!

NY Senate debate on pyro-critical budget bill S57B has been delayed due to illness of a swing-vote Democratic senator. This afternoon (Thurs 4/2) we spoke to Senator Winner's staff and have expressly asked that he raise the matter of Part CC on the Senate floor during debate.

A live feed of the NYS Senate proceedings is available here. The NYSPC strongly urges its members and interested parties to forward the talking points below to YOUR senators and ask that they denounce the industry-killing Part CC when senate bill S57B comes up for debate.

April 1, 2009

Senate votes today on S57B - Education, Labor and Family Assistance
Today, the Senate will be voting on S57B, the budget-related bill that enacts Part CC, the deeply flawed Department of Labor-backed Explosives Labor Law bill S3911 of the 2007-8 legislative session. The Part CC language is the entire contents of their departmental bill that the DOL could not force through the legislature in a 5 year period, at which point the DOL and Governor Paterson conspired to insert it into the budget bill as "must-pass" legislation. In this way, the DOL administration and the Governor were able to circumvent the will of the legislature, and thus, the People. The companion bill, A157, passed the Assembly yesterday (3/31/09). Today, the NYS Senate will hold its "third reading" and vote on the bill. It will be interesting to see if any of the Senators will comment on Part CC -- they have heard plenty from the professional businesses, pyrotechnicians and licensed amateurs over the past few days. Senate budget bill S57B is scheduled today as item #136 (click here) and may be viewed on the NYS "SenNet" Internet Senate television feed (click here).

Concerned pyros are still encouraged to contact their NYS senators; maybe your senator will make an on-record statement regarding S57 Part CC that will help pave the way for introduction and passage of corrective legislation later in the current NYS legislative session.

March 31, 2009

Marked-up budget bill S57B/A157B passes in weekend committee sessions.
Regrettably, the NYS legislature during its special Saturday sessions failed to pull the contentious Department of Labor language (Part CC) from Governor Paterson's 2009 budget bill. It had been suggested by legislative staff last week that there would be substantial pressure in the Senate Finance and Assembly Ways and Means committees for removal of many non-budget items, including the poorly-crafted DOL language in S57/A157 Part CC. However, despite the requests of NYSPC officers and many concerned pyrotechnic industry members, and objections from members on each committee, marked-up version S57B/A157B emerged from the Saturday sessions with the DOL language intact.

These bills now go back to the respective committees for final approval prior to being voted on. Members who have not already done so are strongly urged to call their representatives to demand that the DOL language be removed from S57B/A157B.

Your calls will be a valuable start on rectifying legislation and future legislative reining-in of the DOL even if the budget bill passes in its present form.

March 10, 2009

Veto "bill jacket" documents are available.

If you have a high-speed connection and want to see a single page with all the images imbedded, plus links to higher-resolution copies, click here.

If you have a low-speed connection and want to see an index page that allows you to view any pages of interest one at a time, click here.

March 6, 2009

NYSPC triumphs in FOIL appeal! Today, the NYSPC received copies of the FULL collection of documents that Governor Paterson's staff used to arrive at his ill-advised late summer 2008 decision to veto the industry-supported "Vinny bill" (Griffo/Destito S7899/A10750). This document package was released in response to the Freedom of Information Law (FOIL) appeal that the NYSPC filed three months ago after the Governor's staff denied our initial FOIL request. The Griffo/Destito bill was the legislation that last spring passed both the Assembly and Senate by large margins and would have given our industry interim relief on the public/private display issue until such time that a reasonable bill redefining the DOL's statutory framework could be negotiated. Its veto was a victory for DOL functionaries who refuse to negotiate with the industry and who, in spite of a half-decade of successful industry opposition, still do not understand the negative safety and economic ramifications of their own legislation.

There are more than a few eye-openers in the collected letters and many various NYS agency statements. Several of the letters and agency opinions opposing the bill mistakenly indicate that it would allow UNLICENSED individuals to possess "dangerous fireworks" (1.3G). It is interesting to note that most of the private letters opposing our bill that were received by the Governor were from the NYS High Explosives industry, even though our bill had nothing to do with their industry or operations.

A somewhat different set of misrepresentations came from the Department of Labor itself. Typical of these is: "Under the [Griffo/Destito] bill...the individual who puts on the [private] show would not need to be licensed by the Department since current law only requires that the owner of the fireworks possess a license." Of course, that statement is incorrect, and there are several others like it in the DOL letter. This misleading advice was sent by the DOL to the governor's chief counsel over the signature of Commissioner M. Patricia Smith.

We are scanning the documents into electronic form for this Website and will post DOL Commissioner Smith's letter and the other bill jacket materials - with comments - later this week.

February 24, 2009

On the financial front, NYSPC this week received an important commitment for grant funding from a national pyrotechnics organization. Their board members share our concern with the potential adverse impact of the NYS DOL's ill-considered bill language on small business viability and licensed user rights. With respect to the latter, there is justifiable concern that its penal law language and statutory due-process defects will seriously impact personal civil rights of state and federal licensees across NY State.

February 23, 2009

After a full month, the NYSPC membership has still not heard any word of progress from the DOL Working Group in their promise to request a meeting with DOL administrators to propose critical amendments to the DOL budget bill language.

February 18, 2009

NYSPC welcomes our newest members and we thank them for their support! Our membership has doubled over the last 3 weeks and we have received many generous individual-level donations.

With the failed 2008 controversial NYS DOL language reintroduced as a "stealth" section of Governor Paterson's Budget Bill, our NYSPC staff and volunteers are making every effort to contact and sign up interested NYS pyrotechnics- affiliated businesses and individuals for membership during this critical NYS legislative window. However, our members themselves are the best way to spread the word. Passing the word on to your pyro associates and friends is the most effective way to ensure that everyone who is concerned that the future regulatory environment relating to pyrotechnics in New York State remain healthy for qualified businesses and individuals. We heartily encourage our current members to inform interested parties, licensed or not, about the progress we are making in the pursuit of legislative relief for New York State pyrotechnics users, and to visit this Website (http://www.nyspyro.org) to check our position and proposals on legislative issues and, hopefully, sign up as members.

Again, the NYSPC thanks those who have made generous contributions during the past month. Your donations have helped us to fund mailings to alert people to legislative news from Albany and also significantly increase our membership. Importantly, your time-critical contributions have helped greatly in attaining our goal of distributing information concerning our mission and current position on pyrotechnics-related legislation to key legislators.

February 8, 2009

Our NYSPC legislative staff is continuing to contact key members of the NYS legislature with the goal of deleting the offending DOL section entirely from the relevant Governor's Budget Bill, S57/A157.
Word has been received in the form of a summary report from the DOL Working Group a.k.a. the NYS Fireworks Association that the "...Working Group will ask the DOL for a meeting..."; however, a timeframe is not stated.
While we appreciate the DOL W.G./NYSFA's willingness to modify its position and tackle industry concerns, especially after having recently endorsed the current DOL budget bill, we note that the state budget process is moving along rapidly. This accelerated schedule means that the DOL language to which a majority of the industry and licensed pyros across the New York State strenuously object is extremely time-sensitive. Therefore, we urge the DOL W.G./NYSFA to make every effort to set up a DOL meeting on the issues as soon as possible.
We also note that the DOL Working Group summary report appears to indicate that the "due process" and excessive penalties issues are not matters of concern if a pyrotechnics review board is established. We disagree, and strongly feel that the DOL budget bill language specifying excessive penalties and omitting "due process" safeguards must be modified to reflect concerns raised by industry representatives and the two expert attorneys who have reviewed the DOL provisions. We also believe that, for the ongoing protection of pyrotechnics businesses and licensees in the state, a provision for a pyrotechnics review board must be included in the DOL language as a statutory mandate.

February 1, 2009

No word received yet from the DOL Working Group regarding their agreement to seek a meeting with the DOL on issues raised in the January 22 meeting.

January 24, 2009

On Thursday, January 22, representatives of the NYSPC and other interested individuals met in an open meeting setting with the five individuals who currently comprise the DOL Code Rule 39 Working Group. Although the NYSPC members very much oppose the DOL's current proposed budget bill legislation while a majority of the DOL WG presently support it, we felt that attending a meeting where the DOL legislation issues would be open to discussion might be instructive and beneficial to the WG members and ourselves as well. We also note that the WG is, for obvious reasons, on the DOL's exclusive "will-talk-to" list.
Although the actual opportunities for substantive discussion during the WG meeting were somewhat limited, the WG did graciously accept copies of the NYSPC suggested amendments to the DOL legislation for review and internal discussion. We made a very strong point to the WG members that a significant majority of NYSPC members consider the DOL to be dangerously unconstrained and in some respects its administration to be out of control. We presented clearly to the WG that we view the establishment of a statutorily mandated pyrotechnic review board, along with fixes for the due process shortcomings of the proposed DOL legislation, to be issues of prime importance. Our understanding is that the WG will approach their DOL administrative contact, Deputy Commissioner for Worker Protection Mr. Pico Ben-Amotz, with a request for inclusion of the amendments.

A historical note: Last spring, under pressure from the NYS Senate, several of the NYSPC amendments were agreed to by the DOL at the end of the 2007-8 session. However, the DOL at that time brushed aside other suggested amendments, including a key amendment that would have added a statutory mandate for a pyrotechnics review board. In response to the DOL's reticence, the Senate Labor Committee chose to hold DOL's departmental bill in committee pending future negotiation and resolution on the DOL-rejected amendments. Although several of these amendments were accepted in DOL attorney Alyssa Talanker's cover letter accompanying the DOL statement, none of the amendments appear in the current DOL budget bill language.

January 6, 2009

DOL bill included in governor's budget bill - See Legislative Updates page for details

December 3, 2008

NYS pyro industry meeting - Dan Sternglass and Curt Dunnam drove to Victor, NY Wednesday December 3rd for a NYS pyro industry dinner meeting with Kevin Frischler (American Fireworks/Utica), Jim Young (Young Explosives/Rochester), Ron Sporyz and Bill Minnich (both WNYPA), at the time, all members of the Working Group. See Meeting 20081203 Summary for details.

October 28, 2008

FOIL request on governor's appeal denied - See Legislative Updates page for details

September 8, 2008

Governor vetoes SS7899/A10750 - See Legislative Updates page for details

May 20, 2008

There is significant news on the Legislative Updates page.

A revised DOL departmental bill (S3911A/A09006A) has finally been posted for public review. You can view the bill text here.
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. Please click the Call to Action! link.

May 7, 2008

There is talk of a compromise bill put before the DOL on May 5 that incorporates features which both the industry and DOL could live with, solves the private display problem AND could easily pass the Legislature and be signed into law this session. So far, the DOL has shown no interest. Note that this compromise bill is not the DOL's recently revised bill, S3911. More updates to follow if and when news develops.
Latest revisions to the NYS DOL's proposed bills are available in the Legislative Reference section. With regard to the newest version of DOL departmental bill S3911, we recommend that you carefully read newly-expanded §464, "Costs and penalties".

May 2, 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!
All NYSPC members are requested to support this bill by calling their NYS Senators AS SOON AS POSSIBLE in SUPPORT of S7283 and in opposition to the present version of DOL departmental bill S3911.
Please click the Call to Action! link.
Senate Majority Leader Joseph Bruno and his staff, clearly recognizing the danger of the competing DOL bill, S3911, to businesses in NY state also deserves a round of thanks for helping move our bill out of the Senate Labor Committee, leaving the defective DOL bill behind in the dust. Senator Bruno's Albany phone number is 518-455-3191. Please call today and thank him for supporting S7283.

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 22, 2008

Because of recent committee leader shuffling in the NYS Senate, Senator Robach has replaced Senator Maziarz as the Chairperson of the Senate Labor Committee. Your calls to Senator Maziarz' office were helpful, however, as he is presently handling the DOL departmental bill.

Due to the chairmanship change, NYSPC now urgently asks all members of the industry and licensed amateur pyrotechnics users to get involved and lobby for the pro-pyro industry bill by calling Senator Robach, and help voice our support for the pro-pyro industry bill (S7283). Still as important is your call to Assemblywoman Susan V. John asking her to withdraw her sponsorship of the defective DOL Departmental bill (S3911) and to support introduction of an Assembly companion to the industry's pro-pyro bill, S7283.

Please click the Call to Action! link.

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 16, 2008

Call to Action posted. Please click the Call to Action! link.

April 14, 2008

The 2/19/2008 decision of the New York State Industrial Board of Appeals in the July4Ever case is available online at
http://www.labor.state.ny.us/iba/decisions/pdf/PES07009.pdf.
The Board's finding was that As defined, Class C or "consumer fireworks" provide effects by combustion and not detonation, explosion, or deflagration - thereby taking them out of the statutory definition of explosives as currently regulated by NYS Labor Law. The Commissioner's order revoking the Petitioner's license and certificates based on the seizure of improperly stored Class C fireworks was invalid and unreasonable. The decision in the July4Ever case shows the DOL's inability to define and apply its own rules and regulations.

April 3, 2008

Legislative page updated to provide the text of the pyro-friendly Senate bill.
NYS Senate and Assembly Contacts page updated to provide direct links to Assembly Labor Committee members.

March 26, 2008

Pyro-friendly bill introduced in the NYS Senate! See the Legislative page.

March 7, 2008

Added NYS Senate and Assembly Contacts page
Updated News page with followup NYSPC followup to Feb. 20, 2008 meeting

March 3, 2008

Legislative page updated with NYSDOL's critique of the NYSPC proposed legislation, and the NYSPC response