Bill Text: NY A02290 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
STATE OF NEW YORK ________________________________________________________________________ 2290--B 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 -- again reported from said committee with amendments, 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 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, [in6those counties and cities that opt by local law pursuant to paragraph7(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 jurisdiction13that did opt by local law pursuant to paragraph (b) of subdivision five14of section 405.00 of this chapter to exclude "sparkling devices" from15the definitions of "fireworks" and "dangerous fireworks", for the16purpose of lawful use in another jurisdiction that did opt by local law17pursuant to paragraph (b) of subdivision five of section 405.00 of this18chapter to exclude "sparkling devices" from the definitions of "fire-19works" and "dangerous fireworks". The superintendent of state police20shall annually publish a list of those jurisdictions that have opted by21local law pursuant to paragraph (b) of subdivision five of sectionEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00926-13-7A. 2290--B 2 1405.00 of this chapter to exclude "sparkling devices" from the defi-2nitions of "fireworks" and "dangerous fireworks"] another jurisdiction. 3 § 2. Paragraphs (b) and (c) of subdivision 5 of section 405.00 of the 4 penal law, paragraph (b) as amended and paragraph (c) as added by chap- 5 ter 458 of the laws of 2016, are amended to read as follows: 6 (b) [Further, no city or county shall be bound to include "sparkling7device" in the definitions of "fireworks" and "dangerous fireworks" in8section 270.00 of this chapter, if such city or county shall so author-9ize the exemption of "sparkling device" by law. If any such city or10county so elects, it and such other local jurisdictions that lie within11its geographical boundaries shall not enact any other local law that is12inconsistent with the provisions of subparagraph (iv) of paragraph (c)13of subdivision one of section 270.00 of this chapter, nor to regulate14sparkling devices in a manner that is in conflict with the provisions of15NFPA 1124, 2006 edition.] Notwithstanding any inconsistent provision of 16 law, a county may enact a local law to prohibit the sale and use of 17 "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 (c) Notwithstanding paragraph (b) of this subdivision, any city wholly 26 contained within the county of Orange may enact a local law to [include27"sparkling device" within the definitions of "fireworks" and "dangerous28fireworks"] prohibit the sale and use of "sparkling devices" as defined 29 in section 270.00 of this chapter, in accordance with subparagraphs (i) 30 and (ii) of paragraph (b) of this subdivision, notwithstanding [any31local law enacted by] that such county [that authorizes the exemption of32"sparkling device" from such definition] has not enacted a local law to 33 prohibit the sale and use of such sparkling devices. 34 § 3. This act shall take effect on the ninetieth day after it shall 35 have become a law.