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S00724 Summary:

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S00724 Committee Votes:

S00724 Floor Votes:

S00724 Text:

 
                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, [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
    20  chapter to exclude "sparkling devices" from the  definitions  of  "fire-
    21  works"  and  "dangerous  fireworks".  The superintendent of state police

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00926-16-7
        S. 724--A                           2

     1  shall annually publish a list of those jurisdictions that have opted  by
     2  local  law  pursuant  to  paragraph  (b)  of subdivision five of section
     3  405.00 of this chapter to exclude "sparkling  devices"  from  the  defi-
     4  nitions 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 "sparkling
     9  device" in the definitions of "fireworks" and "dangerous  fireworks"  in
    10  section  270.00 of this chapter, if such city or county shall so author-
    11  ize the exemption of "sparkling device" by law.  If  any  such  city  or
    12  county  so elects, it and such other local jurisdictions that lie within
    13  its geographical boundaries shall not enact any other local law that  is
    14  inconsistent  with  the provisions of subparagraph (iv) of paragraph (c)
    15  of subdivision one of section 270.00 of this chapter,  nor  to  regulate
    16  sparkling devices in a manner that is in conflict with the provisions of
    17  NFPA  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  [include
    29  "sparkling  device" within the definitions of "fireworks" and "dangerous
    30  fireworks"] 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  [any
    33  local law enacted by] that such county [that authorizes the exemption of
    34  "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.