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


                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, [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.
                                                                   LBD00926-13-7

        A. 2290--B                          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. 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 "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 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  [include
    27  "sparkling  device" within the definitions of "fireworks" and "dangerous
    28  fireworks"] 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  [any
    31  local law enacted by] that such county [that authorizes the exemption of
    32  "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.
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