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A06695 Summary:

BILL NO    A06695A

SAME AS    SAME AS S04718-A

SPONSOR    Morelle (MS)

COSPNSR    Lupardo, Zebrowski

MLTSPNSR   

Rpld & add S270.00 subs 1 - 3, amd S405.00, Pen L; amd S156, add S156-h, Exec
L; add S392-j, Gen Bus L

Relates to offenses relating to possession or sale of fireworks and sparkling
devices.
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A06695 Actions:

BILL NO    A06695A

04/16/2013 referred to codes
06/17/2013 amend and recommit to codes
06/17/2013 print number 6695a
06/20/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.694
06/20/2013 ordered to third reading rules cal.694
06/21/2013 substituted by s4718a
           S04718  AMEND=A  NOZZOLIO
           04/19/2013 REFERRED TO CODES
           05/08/2013 REPORTED AND COMMITTED TO FINANCE
           06/14/2013 AMEND AND RECOMMIT TO FINANCE
           06/14/2013 PRINT NUMBER 4718A
           06/17/2013 COMMITTEE DISCHARGED AND COMMITTED TO RULES
           06/17/2013 ORDERED TO THIRD READING CAL.1385
           06/17/2013 PASSED SENATE
           06/17/2013 DELIVERED TO ASSEMBLY
           06/17/2013 referred to codes
           06/21/2013 substituted for a6695a
           06/21/2013 ordered to third reading rules cal.694
           06/21/2013 passed assembly
           06/21/2013 returned to senate
           12/06/2013 DELIVERED TO GOVERNOR
           12/18/2013 VETOED MEMO.281
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A06695 Votes:

There are no votes for this bill in this legislative session.
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A06695 Memo:

BILL NUMBER:A6695A

TITLE OF BILL:  An act to amend the penal law, the executive law, and
the general business law, in relation to offenses relating to
possession or sale of fireworks and sparkling devices; and to repeal
certain provisions of the penal law relating thereto

PURPOSE:

This bill is intended to modernize the statute dealing with illegal
fireworks, provide additional definitions of what constitutes
fireworks and dangerous fireworks and take certain novelty devices,
which are not recognized as fireworks by the federal government out of
the definition of fireworks.

SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions 1, 2 and 3 of section
270.00 of the penal law to remove from its definition of "Fireworks"
and "Dangerous Fireworks" sparkling devices, novelties, toy caps, and
similar devices as defined by APA Standard 87-1,2001 edition.

Additionally this section provides definitions for "display
fireworks", "articles pyrotechnic" and "special effects", all of which
are included under the definition of "Fireworks." It also removes
flares, sparkling devices and other novelties from the terms
"fireworks" and "dangerous fireworks." The definitions of "fireworks"
and "dangerous fireworks" remain unchanged and include sparkling
devices in cities with a population of one million or more.

Subdivision 2 creates the crime of unlawful sale of dangerous
fireworks to a minor is amended to include the sale of fireworks,
sparkling devices and novelties.

EXISTING LAW:

Section 270:00 of the penal law was derived from section 1844a of the
Penal Law of 1909 which was enacted into law in 1940. In 1997 certain
fireworks were reclassified as "dangerous fireworks".  These fireworks
are capable of causing serious physical injury and include torpedoes,
skyrockets, Roman candles and bombs. Current law penalizes as a
violation the possession or -use of fireworks or dangerous fireworks,
and penalizes as a class B misdemeanor the sale of fireworks or
dangerous fireworks. Any person who sells fireworks or dangerous
fireworks valued at $500 or more, or who sells dangerous fireworks to
a minor, is guilty of a class R misdemeanor. Finally, any person who
has previously been convicted of the sale of dangerous fireworks
within the past five years is guilty of a class E felony.

JUSTIFICATION:

The current law has not been used effectively in part because of poor
definitions. Courts have thrown out indictments because of poor
definitions of the term fireworks. This bill strengthens those
definitions. In addition very few arrests and convictions have been
obtained under the current statute. Since 1956, 63 convictions have


been obtained Statewide. In 1999 and 2000 only five convictions were
obtained.

By modernizing the statute and clearly defining fireworks, dangerous
fireworks and novelty devices, the bill will provide law enforcement
with an important tool in reducing the use of illegal fireworks and
homemade devices and encouraging the use of safe and legally regulated
novelty devices. The amendments provide for technical changes to the
definitions of "explosive composition" and "pyrotechnic composition,"

They also update the current definition of sparkler's as either wood
stick or wire, and define handheld or ground based sparkling devices
(also known as cone or cylindrical fountain sparklers) as a separate
category of fireworks.

The Consumer Products Safety Commission (CPSC) has outlawed sparklers
containing magnesium therefore the old definition is replaced by a
definition of these devices based upon the weight of the pyrotechnic
composition as used by both the CPSC and the United States Department
of Transportation. Explosive or aerial sparkling devices are added to
the list of dangerous fireworks and the provision making sparklers
more than ten inches in length or one-fourth of an inch in diameter is
deleted, as these sparklers would now be judged by weight of
pyrotechnic composition, not length or size.

Sparklers would still be defined as fireworks and still be banned with
out an appropriate permit, assuming the weight requirement was met.
To meet the concerns of the City of New York, the definition of
novelty devices is subdivided into four separate categories and all
novelty devices would still be deemed fireworks and prohibited by this
legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would
be permitted. A second category would include handheld and around
based sparkling devices which are non-explosive and non-aerial and
which contain small amounts of pyrotechnic composition. This amended
bill would permit these items to be possessed and sold in New York
State.

As mentioned above, in cities with a population of one million or more
these items would continue to be deemed "fireworks" and prohibited in
such city by the provisions of this amendment.

A third category would include toy pistols and toy caps which
currently are not considered fireworks under the Penal Law. The last
category of novelty devices includes trick noisemakers, including
party poppers, snappers and drop pops containing very small amounts of
explosive composition. It is believed these items, very similar to toy
cap guns, are not covered by the current statute and their legal
status statewide needs to be clarified.

The amendment prohibits the sale of sparkling devices to minor under
the age of eighteen. Pursuant to the amendments, a repeat sale to a
minor of these items subjects the offender to felony prosecution.

LEGISLATIVE HISTORY:


A4362c of 2011-2012 - passed assembly; passed senate; vetoed (memo 59)
A9006B of 2009-2010 - amend (t) and recommit to codes

FISCAL IMPLICATIONS:

To be determined. There will be considerable revenue from state sales
tax.

LOCAL FISCAL IMPLICATIONS:

Possible additional sales tax revenues.  There will be greater law
enforcement efficiency due to clearer definitions of terms.

EFFECTIVE DATE:

This act shall take effect immediately.
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A06695 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6695--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 16, 2013
                                      ___________

       Introduced  by  M.  of  A.  MORELLE, LUPARDO, ZEBROWSKI -- read once and
         referred to the Committee  on  Codes  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee

       AN ACT to amend the penal law, the executive law, and the general  busi-
         ness  law,  in  relation to offenses relating to possession or sale of
         fireworks and sparkling devices; and to repeal certain  provisions  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. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
    2  are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
    3  follows:
    4    1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
    5    (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
    6    (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
    7  STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
    8  CIAL DISPLAYS WHICH ARE  DESIGNED  TO  PRODUCE  VISIBLE  AND/OR  AUDIBLE
    9  EFFECTS  BY  COMBUSTION,  DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
   10  LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF  EXPLOSIVE
   11  COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
   12  TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
   13  EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
   14  TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
   15    (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
   16  SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
   17  CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
   18  THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
   19  ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
   20  CFR 172.101 AS UN0431;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09141-04-3
       A. 6695--A                          2

    1    (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
    2  ELEMENTS  OR  CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
    3  OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN  AUDI-
    4  BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
    5  MOTION  PICTURE,  RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR
    6  LIVE ENTERTAINMENT;
    7    (IV) CONSUMER FIREWORKS  WHICH  ARE  AERIAL  IN  PERFORMANCE  AND  ARE
    8  COMMONLY  REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCK-
    9  ETS, HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL  DEVICES,
   10  AERIAL  SHELL  KITS,  RELOADABLES  AND  AUDIBLE GROUND DEVICES WHICH ARE
   11  COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS, AS WELL AS METAL  WIRE
   12  HANDHELD SPARKLERS; AND
   13    (V)  IN  CITIES  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE TERM
   14  "FIREWORKS" SHALL ALSO INCLUDE  ANY  BLANK  CARTRIDGE,  BLANK  CARTRIDGE
   15  PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK-
   16  LERS  OR  OTHER  COMBUSTIBLE  OR  EXPLOSIVE OF LIKE CONSTRUCTION, OR ANY
   17  PREPARATION CONTAINING ANY EXPLOSIVE  OR  INFLAMMABLE  COMPOUND  OR  ANY
   18  TABLETS  OR  OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING
   19  NITRATES, CHLORATES, OXALATES,  SULPHIDES  OF  LEAD,  BARIUM,  ANTIMONY,
   20  ARSENIC,  MERCURY, NITROGLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING
   21  ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION  OF
   22  SUBSTANCES,  OR  ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE
   23  OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION  OR  DETONA-
   24  TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
   25    (B)  THE  TERM  "DANGEROUS  FIREWORKS"  MEANS ANY FIREWORKS CAPABLE OF
   26  CAUSING SERIOUS PHYSICAL INJURY AND WHICH ARE:  FIRECRACKERS  CONTAINING
   27  MORE  THAN  FIFTY  MILLIGRAMS  OF  ANY  EXPLOSIVE  SUBSTANCE, TORPEDOES,
   28  SKYROCKETS AND ROCKETS INCLUDING ALL DEVICES WHICH EMPLOY ANY  COMBUSTI-
   29  BLE  OR  EXPLOSIVE SUBSTANCE AND WHICH RISE IN THE AIR DURING DISCHARGE,
   30  ROMAN CANDLES, AND BOMBS, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU-
   31  LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO
   32  INCLUDE SPARKLERS MORE THAN TEN INCHES IN LENGTH OR  ONE-FOURTH  OF  ONE
   33  INCH  IN DIAMETER, OR CHASERS INCLUDING ALL DEVICES WHICH DART OR TRAVEL
   34  ABOUT THE SURFACE OF THE GROUND DURING DISCHARGE.
   35    (C) "FIREWORKS" AND "DANGEROUS  FIREWORKS"  SHALL  NOT  BE  DEEMED  TO
   36  INCLUDE THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED
   37  BELOW  BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW
   38  YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED  EIGHTY,
   39  FOUR  HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT-
   40  Y-THREE OF THE GENERAL BUSINESS LAW;
   41    (I) FLARES OF THE TYPE USED BY RAILROADS OR ANY WARNING LIGHTS COMMON-
   42  LY KNOWN AS RED FLARES, OR MARINE DISTRESS SIGNALS OF A TYPE APPROVED BY
   43  THE UNITED STATES COAST GUARD, OR
   44    (II) TOY PISTOLS, TOY CANES, TOY GUNS OR OTHER DEVICES IN WHICH  PAPER
   45  CAPS  CONTAINING  TWENTY-FIVE  HUNDREDTHS  GRAINS  OR  LESS OF EXPLOSIVE
   46  COMPOUND ARE USED, PROVIDING THEY  ARE  SO  CONSTRUCTED  THAT  THE  HAND
   47  CANNOT  COME  IN  CONTACT  WITH  THE  CAP WHEN IN PLACE FOR USE, AND TOY
   48  PISTOL PAPER CAPS WHICH CONTAIN LESS THAN  TWENTY-HUNDREDTHS  GRAINS  OF
   49  EXPLOSIVE  MIXTURE,  THE SALE AND USE OF WHICH SHALL BE PERMITTED AT ALL
   50  TIMES, OR
   51    (III) BANK SECURITY DEVICES WHICH CONTAIN NOT MORE THAN FIFTY GRAMS OF
   52  ANY COMPOUND OR SUBSTANCE OR ANY COMBINATION THEREOF, TOGETHER  WITH  AN
   53  IGNITER  NOT  EXCEEDING  0.2  GRAM,  CAPABLE OF PRODUCING A LACHRYMATING
   54  AND/OR VISIBLE OR AUDIBLE EFFECT, WHERE SUCH DEVICE IS  STORED  OR  USED
   55  ONLY  BY  BANKS, NATIONAL BANKING ASSOCIATIONS, TRUST COMPANIES, SAVINGS
   56  BANKS, SAVINGS  AND  LOAN  ASSOCIATIONS,  INDUSTRIAL  BANKS,  OR  CREDIT
       A. 6695--A                          3

    1  UNIONS,  OR  BY  ANY  MANUFACTURER, WHOLESALER, DEALER, JOBBER OR COMMON
    2  CARRIER FOR SUCH DEVICES AND WHERE THE TOTAL STORAGE ON ANY ONE PREMISES
    3  DOES NOT EXCEED ONE HUNDRED DEVICES.
    4    (C-1)  EXCEPT  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OF MORE,
    5  "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE
    6  FOLLOWING, NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED  BELOW  BE
    7  SUBJECT  TO  THE  PROVISIONS  OF  SECTION 61 OF TITLE 12 OF THE NEW YORK
    8  STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY,  FOUR
    9  HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE
   10  OF THE GENERAL BUSINESS LAW:
   11    (I) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT
   12  PRODUCE  A  SHOWER  OF  WHITE,  GOLD, OR COLORED SPARKS AS THEIR PRIMARY
   13  PYROTECHNIC EFFECT. ADDITIONAL EFFECTS MAY INCLUDE A COLORED  FLAME,  AN
   14  AUDIBLE  CRACKLING  EFFECT,  AN AUDIBLE WHISTLE EFFECT, AND SMOKE. THESE
   15  DEVICES DO NOT RISE INTO THE AIR, DO NOT  FIRE  INSERTS  OR  PROJECTILES
   16  INTO  THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE CRACK-
   17  LING-TYPE EFFECT IS NOT CONSIDERED TO  BE  A  REPORT).  GROUND-BASED  OR
   18  HAND-HELD  DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH-
   19  NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN  THIS
   20  CATEGORY INCLUDE:
   21    (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
   22  G OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED
   23  EXTERIOR  SUCH  AS  A SQUARE, RECTANGLE, CYLINDER OR OTHER SHAPE BUT THE
   24  INTERIOR TUBES ARE CYLINDRICAL IN SHAPE.  UPON  IGNITION,  A  SHOWER  OF
   25  COLORED  SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS PRODUCED.
   26  THIS DEVICE MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO  THE  GROUND
   27  (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE
   28  FOUNTAIN),  OR  A WOOD OR CARDBOARD HANDLE TO BE HAND HELD (HANDLE FOUN-
   29  TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL  PYRO-
   30  TECHNIC  COMPOSITION  MAY  NOT EXCEED 200 G, AND WHEN TUBES ARE SECURELY
   31  ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM EACH  OTHER  ON  THE
   32  BASE  BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXI-
   33  MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
   34    (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
   35  THAN  50 G OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT OF
   36  A CYLINDRICAL FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON  A  COMMON
   37  BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED
   38  IN THIS SUBPARAGRAPH.
   39    (C)  ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
   40  G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
   41  AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN  MORE  THAN  ONE
   42  TUBE  IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
   43  EXCEED 200 G, AS IS OUTLINED IN THIS SUBPARAGRAPH.
   44    (D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED  TO  A  POST  OR
   45  TREE  BY  MEANS  OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
   46  EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
   47  NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL  PYROTECHNIC  COMPOSITION.
   48  UPON  IGNITION,  THE  WHEEL  REVOLVES,  PRODUCING  A SHOWER OF COLOR AND
   49  SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
   50    (E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT  MORE  THAN  20  G  OF
   51  PYROTECHNIC  COMPOSITION,  VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
   52  THE TUBE AND IS SIMILAR IN OPERATION TO  A  WHEEL  BUT  INTENDED  TO  BE
   53  PLACED  FLAT  ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
   54  PRODUCED BY THE RAPIDLY SPINNING DEVICE.
   55    (F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A  STICK  OR  WIRE
   56  AND  FILLED  WITH  NOT  MORE  THAN  5  G OF PYROTECHNIC COMPOSITION THAT
       A. 6695--A                          4

    1  PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT  ONE  END  OF  THE
    2  TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
    3    (G)  TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
    4  THAN 100 G OF PYROTECHNIC  COMPOSITION  THAT,  UPON  IGNITION,  PRODUCES
    5  WHITE  OR  COLORED  SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
    6  COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
    7  1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED  AS  AN  EXPLOSIVE  ON  THE
    8  BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
    9    (H)  WOODEN  SPARKLER/DIPPED  STICK:  THESE  DEVICES CONSIST OF A WOOD
   10  DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION.  UPON  IGNITION
   11  OF  THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY
   12  CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
   13    (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
   14  IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE  TUBES  TO  FUNCTION  IN
   15  SEQUENCE.  THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS-
   16  TIC BASE, OR ARE DENSE-PACKED AND  ARE  HELD  TOGETHER  BY  GLUE,  WIRE,
   17  STRING,  OR  OTHER  MEANS  THAT SECURELY HOLDS THE TUBES TOGETHER DURING
   18  OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
   19  WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
   20  FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN  SEQUENCE  SO  THAT  THE
   21  TUBES  FIRE  SEQUENTIALLY  RATHER  THAN  ALL AT ONCE. WHEN THE TUBES ARE
   22  SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE TUBES ARE SEPARATED
   23  FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7
   24  MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
   25  SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
   26    (II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT  AND  ARE  NOT
   27  REGULATED  AS  EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK-
   28  AGED AS DESCRIBED BELOW:
   29    (A) PARTY POPPER: SMALL DEVICES WITH PAPER OR PLASTIC  EXTERIORS  THAT
   30  ARE  ACTUATED  BY  MEANS  OF  FRICTION (A STRING OR TRIGGER IS TYPICALLY
   31  PULLED TO  ACTUATE  THE  DEVICE).  THEY  FREQUENTLY  RESEMBLE  CHAMPAGNE
   32  BOTTLES  OR  TOY  PISTOLS  IN  SHAPE. UPON ACTIVATION, THE DEVICE EXPELS
   33  FLAME-RESISTANT  PAPER  STREAMERS,  CONFETTI,  OR  OTHER  NOVELTIES  AND
   34  PRODUCES  A SMALL REPORT.  DEVICES MAY CONTAIN NOT MORE THAN 16 MG (0.25
   35  GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
   36  AND RED PHOSPHORUS.  THESE DEVICES MUST BE PACKAGED IN AN INNER  PACKAG-
   37  ING WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES.
   38    (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE
   39  MILLIGRAM  OF  SILVER  FULMINATE COATED ON SMALL BITS OF SAND OR GRAVEL.
   40  WHEN DROPPED, THE DEVICE EXPLODES, PRODUCING A  SMALL  REPORT.  SNAPPERS
   41  MUST  BE  IN  INNER  PACKAGES  NOT TO EXCEED FIFTY DEVICES EACH, AND THE
   42  INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE-
   43  RIAL.
   44    (C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE  SPHERES,
   45  OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
   46  NIC  COMPOSITION  THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
   47  THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF  SAFETY  FUSE.  THE  OUTER
   48  CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
   49  PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF  POTAS-
   50  SIUM  NITRATE  AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
   51  CONSISTING OF POTASSIUM CHLORATE, SULFUR  OR  SUGAR,  AND  A  SUBLIMABLE
   52  ORGANIC  DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
   53  NEUTRALIZER/COOLANT SUCH AS  SODIUM  BICARBONATE.  TO  BE  ELIGIBLE  FOR
   54  UNREGULATED  STATUS,  THESE  DEVICES  MUST  PRODUCE  SMOKE AS THEIR SOLE
   55  PYRO-TECHNIC EFFECT FOLLOWING IGNITION, AND MUST BE  PACKAGED  IN  INNER
   56  UNITS CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
       A. 6695--A                          5

    1    (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
    2  CONTAIN  2  G  OR  LESS  OF  COMPOSITION PER ARTICLE. UPON BURNING, THEY
    3  PRODUCE A SNAKE-LIKE ASH THAT EXPANDS IN LENGTH  AS  THE  PELLET  BURNS.
    4  CHEMICAL  COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM PERCHLORATE,
    5  NITRATE  PITCH,  ASPHALTUM,  AND  SIMILAR  CARBONACEOUS MATERIALS. THESE
    6  DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER  PACK-
    7  AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
    8    (E)  WOODEN  SPARKLER/DIPPED  STICKS:  THESE DEVICES CONSIST OF A WOOD
    9  DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION.  UPON  IGNITION
   10  OF  THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY
   11  CONTAIN UP TO 100 G OF COMPOSITION PER  ITEM.  SPARKLERS  TYPICALLY  USE
   12  BARIUM  NITRATE  AS  THE  OXIDIZER, WITH ALUMINUM AND DEXTRINE AS FUELS.
   13  IRON FILINGS PRODUCE THE SPARK  EFFECT.  COLOR-PRODUCING  SPARKLERS  USE
   14  POTASSIUM  PERCHLORATE  OXIDIZER.  ANY SPARKLER CONTAINING A CHLORATE OR
   15  PERCHLORATE AS AN OXIDIZER IS LIMITED TO A MAXIMUM OF 5 G OF COMPOSITION
   16  PER ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING THAT  CONTAIN
   17  EIGHT DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED DEVICES, OR
   18    (III)  TOY  PLASTIC  OR  PAPER CAPS FOR TOY PISTOLS IN SHEETS, STRIPS,
   19  ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE  OF  0.25
   20  GRAINS  (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED
   21  AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE  APPROVED
   22  FOR  TRANSPORTATION  USING  THE  PROCEDURE  SPECIFIED IN TITLE 49 CFR, S
   23  173.56(B).
   24    2. OFFENSE. (A) EXCEPT AS HEREIN OTHERWISE PROVIDED, OR EXCEPT WHERE A
   25  PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER;  (I)  ANY
   26  PERSON  WHO  SHALL  OFFER  OR  EXPOSE  FOR  SALE,  SELL  OR FURNISH, ANY
   27  FIRE-WORKS OR DANGEROUS FIREWORKS IS GUILTY OF A CLASS B MISDEMEANOR;
   28    (II) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH
   29  ANY  FIREWORKS  OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR
   30  MORE SHALL BE GUILTY OF A CLASS A MISDEMEANOR;
   31    (III) ANY PERSON WHO SHALL POSSESS, USE, EXPLODE OR CAUSE  TO  EXPLODE
   32  ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A VIOLATION;
   33    (IV)  ANY  PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH,
   34  ANY DANGEROUS FIREWORKS, FIREWORKS OR DEVICES AS  DEFINED  IN  PARAGRAPH
   35  (C-1)  OF SUBDIVISION ONE OF THIS SECTION TO ANY PERSON WHO IS UNDER THE
   36  AGE OF EIGHTEEN IS GUILTY OF A CLASS A MISDEMEANOR.
   37    (B) A PERSON WHO HAS PREVIOUSLY  BEEN  CONVICTED  OF  A  VIOLATION  OF
   38  SUBPARAGRAPH  (IV)  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION WITHIN THE
   39  PRECEDING FIVE YEARS AND WHO SHALL OFFER OR EXPOSE  FOR  SALE,  SELL  OR
   40  FURNISH,  ANY  DANGEROUS FIREWORKS TO ANY PERSON WHO IS UNDER THE AGE OF
   41  EIGHTEEN, SHALL BE GUILTY OF A CLASS E FELONY.
   42    (C) POSSESSION OF FIREWORKS  OR  DANGEROUS  FIREWORKS  VALUED  AT  ONE
   43  HUNDRED FIFTY DOLLARS OR MORE SHALL BE A PRESUMPTION THAT SUCH FIREWORKS
   44  WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
   45    3. EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
   46    (I)  FIREWORKS,  DANGEROUS FIREWORKS, AND DEVICES DEFINED IN PARAGRAPH
   47  (C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN  POSSESSION  OF  RAIL-
   48  ROADS,  COMMON  OR  CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU-
   49  TORS, JOBBERS AND TRANSPORTATION COMPANIES  OR  TRANSPORTATION  AGENCIES
   50  FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
   51  MENT  OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU-
   52  LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME,  UNLESS  THEY  BE
   53  HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
   54  ERS,  WHOLESALERS,  DISTRIBUTORS, JOBBERS AND TRANSPORTATION AGENCIES OR
   55  TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
   56  STATE;
       A. 6695--A                          6

    1    (II) SIGNALING DEVICES USED BY RAILROAD COMPANIES  OR  MOTOR  VEHICLES
    2  REFERRED   TO   IN   SUBDIVISION  SEVENTEEN  OF  SECTION  THREE  HUNDRED
    3  SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW;
    4    (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
    5    (IV)  FIREWORKS,  DANGEROUS FIREWORKS AND DEVICES DEFINED IN PARAGRAPH
    6  (C-1) OF SUBDIVISION ONE OF THIS SECTION FOR  THE  USE  THEREOF  BY  THE
    7  UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
    8  MENT;
    9    (V)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE-
   10  WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF  THIS
   11  SECTION  AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION
   12  OF MOTION PICTURES, TELEVISION PROGRAMS,  COMMERCIALS,  AND  ALL  ENTER-
   13  TAINMENT  MEDIA  RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN
   14  SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY
   15  THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION.
   16    (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
   17    (I) ANY MANUFACTURER, WHOLESALER,  RETAILER,  DEALER  OR  JOBBER  FROM
   18  MANUFACTURING,  POSSESSING  OR  SELLING AT WHOLESALE A DEVICE DEFINED IN
   19  PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS  SECTION  TO  MUNICIPALITIES,
   20  RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR
   21  OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS
   22  AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE;
   23    (II)  THE  SALE OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE-
   24  VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA,  OR  FOR  SIGNAL
   25  PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
   26    (III)  THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
   27  FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION  ONE  OF
   28  THIS  SECTION  IN  THE  PREPARATION  FOR  OR  IN  CONNECTION WITH MOTION
   29  PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT  MEDIA
   30  RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANS-
   31  PORTATION AND STORAGE HAS BEEN  APPROPRIATELY  PERMITTED  BY  THE  LOCAL
   32  GOVERNMENTAL SUBDIVISION HAVING JURISDICTION; OR
   33    (IV)  THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1) OF
   34  SUBDIVISION ONE OF THIS SECTION PROVIDED THEY ARE TO BE SHIPPED DIRECTLY
   35  OUT OF SUCH CITY AND ANY SUCH ITEMS ARE  SOLD  IN  ACCORDANCE  WITH  THE
   36  PROVISIONS OF THIS ARTICLE.
   37    S  2.  Subdivision  5 of section 405.00 of the penal law is amended to
   38  read as follows:
   39    5. Local ordinances superseded. (A) All local ordinances regulating or
   40  prohibiting the display  of  fireworks  are  hereby  superseded  by  the
   41  provisions  of  this section. Every city, town or village shall have the
   42  power to enact ordinances or local laws regulating  or  prohibiting  the
   43  use,  or the storage, transportation or sale for use of fireworks in the
   44  preparation for or in connection with television broadcasts.
   45    (B) FURTHER, NO CITY, MUNICIPALITY OR OTHER LOCAL  JURISDICTION  SHALL
   46  ENACT  A  LOCAL  LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SECTION
   47  270.00 OF THIS CHAPTER NOR TO  REGULATE  DEVICES  DEFINED  IN  PARAGRAPH
   48  (C-1)  OF  SUBDIVISION  ONE OF SECTION 270.00 OF THIS CHAPTER THAT IS IN
   49  CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION OR LATER.
   50    S 3. Subdivision 19 of section 156 of the executive law, as renumbered
   51  by chapter 615 of the laws of 2006, is renumbered subdivision 20  and  a
   52  new subdivision 19 is added to read as follows:
   53    19.  LICENSE  THE  MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, RETAILERS
   54  AND SEASONAL RETAILERS OF SPARKLING DEVICES  WHO  WISH  TO  DO  BUSINESS
   55  WITHIN THE STATE.
       A. 6695--A                          7

    1    S  4.  The  executive  law is amended by adding a new section 156-h to
    2  read as follows:
    3    S 156-H. REGISTRATION AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE-
    4  SALERS,  AND RETAILERS OF SPARKLING DEVICES.  1. DEFINITIONS. AS USED IN
    5  THIS SECTION, THE TERM:
    6    (A) "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN  THE  BUSINESS
    7  OF SELLING SPARKLING DEVICES TO WHOLESALERS, SPECIALTY RETAILERS, PERMA-
    8  NENT RETAILERS OR TEMPORARY SEASONAL RETAILERS FOR RESALE.
    9    (B)  "MANUFACTURER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE MANUFAC-
   10  TURE OR CONSTRUCTION OF SPARKLING DEVICES.
   11    (C) "SPECIALTY RETAILER" MEANS ANY PERSON OR ENTITY WHO,  AT  A  FIXED
   12  PLACE  OF  BUSINESS,  IS  ENGAGED SOLELY IN SELLING SPARKLING DEVICES AT
   13  RETAIL. FOR PURPOSES OF THIS SECTION, A  PERSON  OR  ENTITY  IS  ENGAGED
   14  SOLELY IN SELLING SPARKLING DEVICES IF FIFTY-ONE PERCENT OR MORE OF SUCH
   15  PERSON'S  OR  ENTITY'S ANNUAL GROSS SALES ARE FROM THE SALE OF SPARKLING
   16  DEVICES.
   17    (D) "PERMANENT RETAILER" MEANS ANY PERSON OR ENTITY WHO,  AT  A  FIXED
   18  PLACE OF BUSINESS, IS ENGAGED IN SELLING SPARKLING DEVICES AT RETAIL.
   19    (E)  "SPARKLING DEVICES" MEANS ANY ITEM DEFINED IN SUBPARAGRAPH (I) OF
   20  PARAGRAPH (C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW.
   21    (F) "TEMPORARY SEASONAL RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A
   22  TEMPORARY STAND OR TENT, IS ENGAGED IN SELLING  SPARKLING  DEVICES  FROM
   23  JUNE TWENTIETH THROUGH JULY FIFTH OR FROM DECEMBER TENTH THROUGH JANUARY
   24  SECOND OF EACH YEAR AT RETAIL.
   25    (G) "WHOLESALER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS OF
   26  SELLING SPARKLING DEVICES TO SPECIALTY RETAILERS, PERMANENT RETAILERS OR
   27  TEMPORARY SEASONAL RETAILERS AT WHOLESALE.
   28    2.  REGISTRATION  REQUIREMENTS.  ANY MANUFACTURER, DISTRIBUTOR, WHOLE-
   29  SALER, SPECIALTY RETAILER,  PERMANENT  RETAILER  OR  TEMPORARY  SEASONAL
   30  RETAILER OF SPARKLING DEVICES WHO WISHES TO DO BUSINESS IN THIS STATE OR
   31  TO  OTHERWISE  SELL, SHIP, OR ASSIGN FOR SALE ITS PRODUCTS IN THIS STATE
   32  MUST REGISTER ANNUALLY WITH THE OFFICE OF FIRE PREVENTION AND CONTROL ON
   33  FORMS PRESCRIBED  BY  THE  OFFICE.  ANY  SPECIALTY  RETAILER,  PERMANENT
   34  RETAILER  OR TEMPORARY SEASONAL RETAILER THAT SELLS SPARKLING DEVICES AT
   35  MORE THAN ONE RETAIL LOCATION MAY SUBMIT ONE REGISTRATION FORM  FOR  ALL
   36  SUCH  LOCATIONS  BUT  MUST PROVIDE THE ADDRESS OF EACH LOCATION WITH THE
   37  REGISTRATION FORM; HOWEVER, ANY RETAILER MAY SUBMIT  MULTIPLE  REGISTRA-
   38  TION FORMS.
   39    3. REGISTRATION FORM. THE REGISTRATION FORM FILED WITH THE OFFICE MUST
   40  BE  NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME;
   41  ADDRESS; TELEPHONE NUMBER; OFFICERS, IF THE BUSINESS IS  A  CORPORATION;
   42  AND AN INDIVIDUAL DESIGNATED AS A CONTACT PERSON.
   43    4.  FEES. (A) EACH MANUFACTURER, DISTRIBUTOR OR WHOLESALER MUST PAY AN
   44  ANNUAL REGISTRATION FEE TO BE SET BY THE OFFICE NOT TO EXCEED FIVE THOU-
   45  SAND DOLLARS. EACH SPECIALTY RETAILER MUST PAY  AN  ANNUAL  REGISTRATION
   46  FEE  TO  BE  SET  BY  THE OFFICE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
   47  DOLLARS. EACH PERMANENT RETAILER SHALL PAY AN ANNUAL REGISTRATION FEE TO
   48  BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS FOR  EACH  RETAIL
   49  LOCATION  REGISTERED. EACH TEMPORARY SEASONAL RETAILER MUST PAY A REGIS-
   50  TRATION FEE TO BE SET BY THE OFFICE NOT  TO  EXCEED  TWO  HUNDRED  FIFTY
   51  DOLLARS  PER SEASON. EACH CERTIFICATE-HOLDER WISHING TO HAVE A DUPLICATE
   52  CERTIFICATE ISSUED FOR ONE WHICH IS LOST  OR  TO  REFLECT  A  CHANGE  OF
   53  ADDRESS  SHALL  REQUEST SUCH DUPLICATE IN WRITING AND SHALL PAY A FEE OF
   54  FIVE DOLLARS.
       A. 6695--A                          8

    1    (B) REVENUE FROM REGISTRATION FEE  PAYMENTS  SHALL  BE  USED  FOR  THE
    2  PURPOSES  OF  IMPLEMENTING  FIREFIGHTER  SAFETY AND TRAINING PROGRAMS AS
    3  WELL AS REGISTRATION AND TESTING PROVISIONS OF THIS CHAPTER.
    4    (C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY
    5  FEE  OR  REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING
    6  DEVICES.
    7    5. RECORD AND REPORTS. EACH MANUFACTURER, DISTRIBUTOR  AND  WHOLESALER
    8  SHALL  MAINTAIN AND MAKE AVAILABLE TO THE STATE FIRE ADMINISTRATOR, UPON
    9  THE STATE FIRE ADMINISTRATOR'S REASONABLE REQUEST,  FULL  AND  COMPLETE,
   10  TRUE,  AND ACCURATE RECORDS SHOWING THE NAME AND QUANTITY OF ANY SPARKL-
   11  ING DEVICE PRODUCED IN, IMPORTED TO, EXPORTED  FROM,  OR  SOLD  IN  THIS
   12  STATE.
   13    6.   RULES.  THE  STATE  FIRE  ADMINISTRATOR  SHALL  PROMULGATE  RULES
   14  PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
   15    S 5. The general business law is amended by adding a new section 392-j
   16  to read as follows:
   17    S 392-J. SALES OF SPARKLING DEVICES. SALES  OF  SPARKLING  DEVICES  AS
   18  DEFINED  IN  SUBPARAGRAPH  (I)  OF PARAGRAPH (C-1) OF SUBDIVISION ONE OF
   19  SECTION 270.00 OF THE PENAL  LAW  SHALL  BE  LAWFUL  ONLY  FOR  BUSINESS
   20  LICENSED BY THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXEC-
   21  UTIVE   LAW   BETWEEN  JUNE  FIRST  AND  JULY  FIFTH  OR  FROM  DECEMBER
   22  TWENTY-SIXTH THROUGH JANUARY SECOND OF EACH YEAR.
   23    S 6. This act shall take effect on the sixtieth  day  after  it  shall
   24  have become a law.
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