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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2290--A
                               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  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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; and repealing paragraph (c) of subdivision 5 of
          section 405.00 of the penal law relating thereto
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00926-11-7
        A. 2290--A                          2

     1  405.00  of  this  chapter  to exclude "sparkling devices" from the defi-
     2  nitions of "fireworks" and "dangerous fireworks"] another jurisdiction.
     3    §  2.  Paragraph  (b)  of subdivision 5 of section 405.00 of the penal
     4  law, as amended by chapter 458 of the laws of 2016, is amended  to  read
     5  as follows:
     6    (b)  [Further,  no city or county shall be bound to include "sparkling
     7  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
     8  section  270.00 of this chapter, if such city or county shall so author-
     9  ize the exemption of "sparkling device" by law.  If  any  such  city  or
    10  county  so elects, it and such other local jurisdictions that lie within
    11  its geographical boundaries shall not enact any other local law that  is
    12  inconsistent  with  the provisions of subparagraph (iv) of paragraph (c)
    13  of subdivision one of section 270.00 of this chapter,  nor  to  regulate
    14  sparkling devices in a manner that is in conflict with the provisions of
    15  NFPA  1124, 2006 edition.] Notwithstanding any inconsistent provision of
    16  law, a county or city may enact a local law to prohibit the sale and use
    17  of sparkling devices, as such term is defined in section 270.00 of  this
    18  chapter, provided, however, any such local law shall not establish:
    19    (i)  an  offense  greater than a violation for a person who shall use,
    20  explode or cause to be exploded a sparkling device; or
    21    (ii) an offense greater than a class B misdemeanor for  a  person  who
    22  shall  offer  or  expose  for  sale,  sell or furnish a sparkling device
    23  valued at less than five hundred dollars  unless  such  offer,  sale  or
    24  furnishing is to a person less than eighteen years of age.
    25    § 3. Paragraph (c) of subdivision 5 of section 405.00 of the penal law
    26  is REPEALED.
    27    §  4.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.