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 and file an exemption with the secretary of state.
STATE OF NEW YORK
________________________________________________________________________
8013
IN SENATE
June 3, 2016
___________
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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
22 405.00 of this chapter to exclude "sparkling devices" from the defi-
23 nitions of "fireworks" and "dangerous fireworks"] another jurisdiction
24 within the state.
25 § 2. Paragraph (b) of subdivision 5 of section 405.00 of the penal
26 law, as added by chapter 477 of the laws of 2014, is amended to read as
27 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14116-06-6
S. 8013 2
1 (b) [Further, no city or county shall be bound to include "sparkling
2 device" in the definitions of "fireworks" and "dangerous fireworks" in
3 section 270.00 of this chapter, if such city or county shall so author-
4 ize the exemption of "sparkling device" by law. If any such city or
5 county so elects, it] A city or county and such other local jurisdic-
6 tions that lie within its geographical boundaries shall not enact any
7 [other] local law that is inconsistent with the provisions of subpara-
8 graph (iv) of paragraph (c) of subdivision one of section 270.00 of this
9 chapter, nor [to] regulate sparkling devices in a manner that is in
10 conflict with the provisions of NFPA 1124, 2006 edition.
11 § 3. Notwithstanding the provisions of sections one and two of this
12 act, any county, that did not previously opt by local law pursuant to
13 section 405.00 of the penal law to exclude "sparkling devices" from the
14 definitions of "fireworks" and "dangerous fireworks" and did not regis-
15 ter such with the secretary of state prior to the effective date of this
16 act, may elect to exempt itself from the provisions of such sections, if
17 acting by and through its governing body, it enacts a local law estab-
18 lishing such exemption and filing such local law with the secretary of
19 state within ninety days of the effective date of this act.
20 § 4. This act shall take effect immediately.