Bill Text: NY S00724 | 2017-2018 | General Assembly | Amended
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 (Republican 1-0)
Status: (Passed) 2017-10-23 - SIGNED CHAP.371 [S00724 Detail]
Download: New_York-2017-S00724-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 724--A Cal. No. 1019 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. 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 jurisdiction15that did opt by local law pursuant to paragraph (b) of subdivision five16of section 405.00 of this chapter to exclude "sparkling devices" from17the definitions of "fireworks" and "dangerous fireworks", for the18purpose of lawful use in another jurisdiction that did opt by local law19pursuant to paragraph (b) of subdivision five of section 405.00 of this20chapter to exclude "sparkling devices" from the definitions of "fire-21works" and "dangerous fireworks". The superintendent of state policeEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00926-16-7S. 724--A 2 1shall annually publish a list of those jurisdictions that have opted by2local law pursuant to paragraph (b) of subdivision five of section3405.00 of this chapter to exclude "sparkling devices" from the defi-4nitions of "fireworks" and "dangerous fireworks"] another jurisdiction. 5 § 2. Paragraphs (b) and (c) of subdivision 5 of section 405.00 of the 6 penal law, paragraph (b) as amended and paragraph (c) as added by chap- 7 ter 458 of the laws of 2016, are amended to read as follows: 8 (b) [Further, no city or county shall be bound to include "sparkling9device" in the definitions of "fireworks" and "dangerous fireworks" in10section 270.00 of this chapter, if such city or county shall so author-11ize the exemption of "sparkling device" by law. If any such city or12county so elects, it and such other local jurisdictions that lie within13its geographical boundaries shall not enact any other local law that is14inconsistent with the provisions of subparagraph (iv) of paragraph (c)15of subdivision one of section 270.00 of this chapter, nor to regulate16sparkling devices in a manner that is in conflict with the provisions of17NFPA 1124, 2006 edition.] Notwithstanding any inconsistent provision of 18 law, a county may enact a local law to prohibit the sale and use of 19 "sparkling devices", as such term is defined in section 270.00 of this 20 chapter, provided, however, any such local law shall not establish: 21 (i) an offense greater than a violation for a person who shall use, 22 explode or cause to be exploded a sparkling device; or 23 (ii) an offense greater than a class B misdemeanor for a person who 24 shall offer or expose for sale, sell or furnish a sparkling device 25 valued at less than five hundred dollars unless such offer, sale or 26 furnishing is to a person less than eighteen years of age. 27 (c) Notwithstanding paragraph (b) of this subdivision, any city wholly 28 contained within the county of Orange may enact a local law to [include29"sparkling device" within the definitions of "fireworks" and "dangerous30fireworks"] prohibit the sale and use of "sparkling devices" as defined 31 in section 270.00 of this chapter, in accordance with subparagraphs (i) 32 and (ii) of paragraph (b) of this subdivision, notwithstanding [any33local law enacted by] that such county [that authorizes the exemption of34"sparkling device" from such definition] has not enacted a local law to 35 prohibit the sale and use of such sparkling devices. 36 § 3. This act shall take effect on the ninetieth day after it shall 37 have become a law.
