Pubdate: Sat, 09 Feb 2002
Source: New York Times (NY)
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Richard Perez-Pena
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

PATAKI VETO LEAVES INTACT RESTRICTIONS ON FIREWORKS

ALBANY -- Gov. George E. Pataki vetoed a bill today that would have 
legalized many small fireworks, after a fierce lobbying campaign against 
the bill by New York City, fire officials and consumer advocates.

Fireworks makers and distributors had pushed the Legislature to lift a 
nearly century-old prohibition on pyrotechnics outside of displays by 
licensed professionals. The bill would have allowed the sale and use of 
sparklers, glow worms and party poppers, among other types of fireworks.

Opponents predicted that the bill would lead to thousands of fires and 
injuries. They also protested that it did not include an age limit for 
fireworks users, and did not give local governments the option of imposing 
their own bans.

"Because of the dangers fireworks present, numerous New York State fire 
professionals and other officials, as well as medical professionals, 
strongly recommend disapproval" of the bill, Mr. Pataki wrote in his veto 
message to the Legislature. He noted that it would have allowed sales "to 
children, precisely those who are most vulnerable to the serious injuries 
fireworks can cause."

State Senator Dale M. Volker, a Republican from western New York who was 
the bill's sponsor, did not return calls today for comment. In the past, he 
has said that fireworks were not, in fact, illegal in New York, despite a 
segment of the Penal Law stating that they were. He said his bill merely 
clarified the law and discouraged overzealous police and fire officials.

The bill's history exemplified the kind of procedural secrecy and quirks 
that drive to distraction those who try to follow legislation here. Many of 
those who ultimately opposed the bill were unaware that it existed until 
long after the Legislature approved it.

It was introduced in mid-June, amid the annual rush to wrap up the 
Legislature's business for the year. It is a time when more than 100 bills 
can be approved in a single day, making it easy to slip legislation through 
with little notice.

The bill reached the Senate floor three days after it was introduced, 
without going through a committee or a public hearing. A brief discussion 
was held only because one senator, Thomas K. Duane of Manhattan, objected 
to the hurried process.

Mr. Volker's argument that the bill simply clarified the law satisfied most 
of his colleagues, and only Mr. Duane voted against it.

A few days later, the Assembly unanimously approved the bill, without 
discussion and, once again, without its going through committee or a public 
hearing.

Many legislators in both houses admitted later that they had no idea what 
they had voted on, and would have opposed it had they known.

Giuliani administration officials learned of the bill weeks later and began 
lobbying the governor to kill it, an effort taken up by the Bloomberg 
administration.

New York is one of 10 states that ban all fireworks for personal use, 
according to the National Conference of State Legislatures.

Today was the last day for Mr. Pataki to decide the fate of 17 long- 
delayed bills left over from last year. In some cases, the bills remained 
in limbo for more than eight months, thanks to some little-used wrinkles in 
state law and legislative rules.

One of those bills would have interfered with the policy of New York City 
and Suffolk County of seizing the vehicles of drunken drivers and people 
found with drugs, according to city officials.

Mr. Pataki killed the bill after New York City's police commissioner, 
Raymond W. Kelly, called the governor's counsel, James McGuire, to argue 
against it.

Banks that make car loans lobbied for the bill, which would have made it 
easier and less expensive for them to recover seized cars on which there 
were still outstanding loans.

But city officials said that in many cases, the banks would simply return 
the car to the drivers and renew the loans, defeating the purpose of the 
seizure program. They also argued that it would encourage drug couriers to 
grant sham liens to their compatriots, so that those allies could then 
reclaim their seized cars.

Mr. Pataki defeated the bill by taking no action on it, one of nine bills 
he killed that way today. The governor took advantage of a rare 
circumstance, created by the Legislature's long delay in sending him the 
bills, that gave him such a pocket veto.
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