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

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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--C
                               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 -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted 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.  The storage and retail sale of sparkling devices shall be regu-
    11  lated in a manner that is not in conflict with the  provisions  of  NFPA
    12  1124, 2006 edition.
    13    (v)  except  in  cities  with  a  population  of  one million or more,
    14  possession of sparkling devices lawfully  obtained  in  [a  jurisdiction
    15  that  did opt by local law pursuant to paragraph (b) of subdivision five
    16  of section 405.00 of this chapter to exclude  "sparkling  devices"  from
    17  the  definitions  of  "fireworks"  and  "dangerous  fireworks",  for the
    18  purpose of lawful use in another jurisdiction that did opt by local  law
    19  pursuant  to paragraph (b) of subdivision five of section 405.00 of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00926-15-7
        A. 2290--C                          2

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