Bill Text: NY S08013 | 2015-2016 | General Assembly | Introduced

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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

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                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.