Bill Text: NY A02290 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to authorizing the sale and possession of sparkling devices outside of cities with a population of one million or more; removes requirement that localities authorize sparkling devices in their jurisdictions; authorizes counties to opt out if they pass a local law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-06-15 - substituted by s724a [A02290 Detail]

Download: New_York-2017-A02290-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2290
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. MORELLE, LUPARDO -- read once and referred to the
          Committee on Codes
        AN  ACT  to amend the penal law, in relation to authorizing the sale and
          possession of sparkling devices outside of cities with a population of
          one million or more
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (iv)  of paragraph (c) of subdivision 1 and
     2  subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00  of
     3  the  penal law, as added by chapter 477 of the laws of 2014, are amended
     4  to read as follows:
     5    (iv) except in cities with a population of one million  or  more,  [in
     6  those  counties  and  cities that opt by local law pursuant to paragraph
     7  (b) of subdivision five of section 405.00 of this chapter,]  "fireworks"
     8  and  "dangerous  fireworks"  shall  not  be deemed to include "sparkling
     9  devices" as defined in subparagraph (vi) of paragraph (a) of this subdi-
    10  vision.
    11    (v) except in cities  with  a  population  of  one  million  or  more,
    12  possession  of  sparkling  devices  lawfully obtained in [a jurisdiction
    13  that did opt by local law pursuant to paragraph (b) of subdivision  five
    14  of  section  405.00  of this chapter to exclude "sparkling devices" from
    15  the definitions  of  "fireworks"  and  "dangerous  fireworks",  for  the
    16  purpose  of lawful use in another jurisdiction that did opt by local law
    17  pursuant to paragraph (b) of subdivision five of section 405.00 of  this
    18  chapter  to  exclude  "sparkling devices" from the definitions of "fire-
    19  works" and "dangerous fireworks". The  superintendent  of  state  police
    20  shall  annually publish a list of those jurisdictions that have opted by
    21  local law pursuant to paragraph  (b)  of  subdivision  five  of  section
    22  405.00  of  this  chapter  to exclude "sparkling devices" from the defi-
    23  nitions of "fireworks" and "dangerous fireworks"]  another  jurisdiction
    24  within the state.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00926-02-7
        A. 2290                             2
     1    §  2.  Paragraph  (b)  of subdivision 5 of section 405.00 of the penal
     2  law, as amended by chapter 458 of the laws of 2016, is amended  to  read
     3  as follows:
     4    (b)  [Further,  no city or county shall be bound to include "sparkling
     5  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
     6  section  270.00 of this chapter, if such city or county shall so author-
     7  ize the exemption of "sparkling device" by law.  If  any  such  city  or
     8  county  so  elects,  it] A city or county and such other local jurisdic-
     9  tions that lie within its geographical boundaries shall  not  enact  any
    10  [other]  local  law that is inconsistent with the provisions of subpara-
    11  graph (iv) of paragraph (c) of subdivision one of section 270.00 of this
    12  chapter, nor [to] regulate sparkling devices in  a  manner  that  is  in
    13  conflict with the provisions of NFPA 1124, 2006 edition.
    14    §  3.  Notwithstanding  the provisions of sections one and two of this
    15  act, any county, that did not previously opt by local  law  pursuant  to
    16  section  405.00 of the penal law to exclude "sparkling devices" from the
    17  definitions of "fireworks" and "dangerous fireworks" and did not  regis-
    18  ter such with the secretary of state prior to the effective date of this
    19  act, may elect to exempt itself from the provisions of such sections, if
    20  acting  by  and through its governing body, it enacts a local law estab-
    21  lishing such exemption and filing such local law with the  secretary  of
    22  state within ninety days of the effective date of this act.
    23    § 4. This act shall take effect immediately.