S7899/A10750 Veto Jacket

On September 5, 2008, Governor Paterson dealt a serious blow to pyrotechnic display businesses in NYS with an ill-advised veto of S7899/A10750, the interim relief bill endorsed and promoted by the NYS pyrotechnics display industry. This straightforward interim relief bill, which passed the Assembly and Senate in spring of 2008 with overwhelming majorities, would have clarified NYS Penal Law language to unambiguously guarantee duly-licensed display operators and businesses the right to obtain permits for "private" displays such as weddings, sports events, conventions, etc. The object of this bill was to allow industry businesses and licensed individuals to continue legally conducting such activities - which is the legislative intent that has been followed in NYS since the Warner Act of 1940. The S7899/A10750 bill would have provided protection for historically-permitted industry events until satisfactory industry input is incorporated into the Explosive Labor Law statutory updates currently proposed by the NYS DOL.

Release of the following veto-related "bill jacket" documents from Governor Paterson's office finally occurred three months after the NYSPC's FOIL (Freedom of Information Law) appeal. There are an array of comments in the bill jacket materials from NYS agencies, industry organizations, private sector businesses, and individuals. These documents are grouped in the following index on the basis of IN SUPPORT OF, OPPOSED TO or NO OPINION. Significantly, 100% of comments filed by the pyrotechnic industry were in support of this bill. It is instructive to note that most of the OPPOSED TO letters were based on the incorrect claim that the interim relief bill would allow unlicensed individuals to conduct "private" displays.

S7899/A10750 has been reintroduced for the 2009-10 NYS legislative session; understanding the various rationales and motivations behind the veto comments is important in formulating a successful strategy for its passage this year.

This page contains the embedded images of the complete set of documents in the veto jacket. Each image is a link to a higher-resolution version of the image should you have difficulty reading the text or wish to print a copy. If you are on a low-speed connection and want to see an index page instead, click here.

Table of Contents

IN SUPPORT OF PRO-INDUSTRY INTERIM RELIEF BILL S7899/A10750

Agencies/Organizations

• NYS Assembly
• Association of Towns of the State of New York, G. Jeffrey Haber, Executive Director
• New York State Pyrotechnic Coalition. Curt Dunnam, Legislative Coordinator

Commercial Entities

• American Fireworks, Vincent Speciale, President
• Auburn Telstar Display Fireworks, Inc., Robert Szczepanski, Plant Manager
  William Lamariana, Assistant Director
  Steve Pierce, Regional Director
• Bada-Boom Fireworks, David J. Malizia
• Legion Fireworks Co., Inc., Frank M. Coluccio, President
• Bay Fireworks, Charles Rappa, President
• Principal Financial Group, Ronald W. Sporyz
• New York State Fireworks Association, Kevin Fritschler
• Skylighters of Western New York, Bill Minnich, Owner

Private Individuals

• Gerald Lombardi
• Brenda Fasello

OPPOSED TO PRO-INDUSTRY INTERIM RELIEF BILL S7899/A10750

Agencies/Organizations

• Consumer Protection Board, Lisa Harris-Eglin, Deputy Executive Director and General Counsel
• Division of Criminal Justice Services, Denise E. O'Donnell, Commissioner
• NYS Department of Labor, Patricia Smith, Commissioner
• NYS Office of Parks, Recreation and Historic Preservation, Liz Gordon, Assistant Commissioner for Intergovernmental Affairs
• The City of New York - Office of the Mayor, Michelle Goldstein, Director
• New York State Police, Glenn Valle, Counsel to the Division of State Police

Commercial Entities

• Nothnagle Enterprises, Douglas J. Nothnagle, President
• Dyno Nobel America, Julie M. Pecori
• Hilltop Energy, Inc., Lisa Ponce
• North American Services Group, Bill Youngs, Director of Compliance
• Institute of Makers of Explosives, J. Christopher Ronay, President

NO OPINION ON PRO-INDUSTRY INTERIM RELIEF BILL S7899/A10750

Agencies/Organizations

• Division of the Budget Bill
• State of New York Department of State, Matthew W. Tebo, Legislative Counsel
• New York State Conference of Mayors and Municipal Officials, Peter A. Baynes, Executive Director
• NYS Sheriff's Association, Thomas A. Mitchell, Counsel
• NYS Emergency Management Office, Kristine Hoffman, Counsel