Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks

BILL NUMBER:S7448A

Title of bill

An act to amend the penal law, in relation to exempting qualified reli- gious organizations from fees associated with permits required to display fireworks

Purpose

This bill would authorize municipalities to enact ordinances or local laws that exempt certain qualified religious organizations from fees for permits to display fireworks.

Summary of specific provisions

Section 1 amends subdivision 5 of section 405.00 of the penal law to authorize every city, town or village to enact ordinances or local laws to exempt certain qualified religious institutions, religious corpo- rations or religious organizations that are qualified as an exempt organization pursuant to the united states Internal Revenue Code (501 (c) (3,)) from payment of fees for permits for the display of fireworks.

Justification

This bill is intended to give municipalities the discretion to waive any fees associated with obtaining a permit to display fireworks when the fireworks are for the display on premises used and owned or operated by a qualified religious organization for a related religious purpose.

Granting this authority recognizes that fireworks include "sparklers" which may be substituted for candles in certain religious ceremonies, such as weddings and bar mitzvahs, and have religious significance. For example, pursuant to Kabbalistic tradition, a candle is regarded as a heavenly spirit that should not be extinguished by human means. In some cases, a sparkler can replace a candle because it is designed to self extinguish, and is more appropriate than a candle for purposes of a religious ceremony.

However, religious organizations that choose to use fireworks for reli- gious ceremonies are subject to either the cost of obtaining a permit to display such fireworks, which may be high, or to criminal prosecution for failing to obtain a permit, both of which may not be appropriate depending on the type of firework and its intended use for a religions ceremony or event.

This exemption will allow a city, town or village to enact local laws to waive any fee associate with obtaining a permit for the display of fire- works by those religious institutions, corporations and organizations that choose to use such fireworks, such as sparklers, for religious purposes.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.