Bill Text: NY S08013 | 2015-2016 | General Assembly | Introduced
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 and file an exemption with the secretary of state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-06-17 - ordered to third reading rules cal.533 [S08013 Detail]
Download: New_York-2015-S08013-Introduced.html
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, [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. 11 (v) except in cities with a population of one million or more, 12 possession of sparkling devices lawfully obtained in [a jurisdiction13that did opt by local law pursuant to paragraph (b) of subdivision five14of section 405.00 of this chapter to exclude "sparkling devices" from15the definitions of "fireworks" and "dangerous fireworks", for the16purpose of lawful use in another jurisdiction that did opt by local law17pursuant to paragraph (b) of subdivision five of section 405.00 of this18chapter to exclude "sparkling devices" from the definitions of "fire-19works" and "dangerous fireworks". The superintendent of state police20shall annually publish a list of those jurisdictions that have opted by21local law pursuant to paragraph (b) of subdivision five of section22405.00 of this chapter to exclude "sparkling devices" from the defi-23nitions 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. LBD14116-06-6S. 8013 2 1 (b) [Further, no city or county shall be bound to include "sparkling2device" in the definitions of "fireworks" and "dangerous fireworks" in3section 270.00 of this chapter, if such city or county shall so author-4ize the exemption of "sparkling device" by law. If any such city or5county 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.