senate Bill S7888

Signed by Governor

Relates to fireworks, dangerous fireworks and sparkling devices; repealer

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 16 / Jun / 2014
    • REFERRED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1632
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A10141
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.583
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 10 / Nov / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Nov / 2014
    • SIGNED CHAP.477
  • 21 / Nov / 2014
    • APPROVAL MEMO.12

Summary

Relates to fireworks, dangerous fireworks and sparkling devices.

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Bill Details

See Assembly Version of this Bill:
A10141
Versions:
S7888
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

Sponsor Memo

BILL NUMBER:S7888

TITLE OF BILL: An act to amend the penal law, the executive law and
the general business law, in relation to fireworks, dangerous
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 A 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 nonexplosive 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 minors 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: S4529D of 2011-2012 - passed assembly; passed
senate; vetoed (memo 59)

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 on the 30th day after it
shall have become a law.


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

                                  7888

                            I N  S E N A T E

                              June 16, 2014
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, the executive law and the  general  busi-
  ness  law, in relation to fireworks, dangerous 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:

  Section 1. Subdivisions 1, 2 and 3 of section 270.00 of the penal  law
are  REPEALED and three new subdivisions 1, 2 and 3 are added to read as
follows:
  1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".  (A) THE  TERM
"FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
  (I)  DISPLAY  FIREWORKS,  WHICH  MEANS FIREWORKS DEVICES IN A FINISHED
STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED  FOR  COMMER-
CIAL  DISPLAYS  WHICH  ARE  DESIGNED  TO  PRODUCE VISIBLE AND/OR AUDIBLE
EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION,  INCLUDING,  BUT  NOT
LIMITED  TO,  SALUTES CONTAINING MORE THAN ONE HUNDRED THIRTY MILLIGRAMS
(TWO GRAINS) OF EXPLOSIVE COMPOSITION,  AERIAL  SHELLS  CONTAINING  MORE
THAN  FORTY  GRAMS OF CHEMICAL COMPOSITION EXCLUSIVE OF LIFT CHARGE, AND
OTHER EXHIBITION DISPLAY ITEMS THAT EXCEED THE LIMITS OF CONSUMER  FIRE-
WORKS  CONTAINED  IN THE AMERICAN PYROTECHNIC ASSOCIATION (APA) STANDARD
87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL USE SIMILAR TO CONSUMER FIREWORKS  IN  CHEMICAL  COMPOSITION  AND
CONSTRUCTION  BUT  NOT INTENDED FOR CONSUMER USE AND WHICH ARTICLES MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION  IN  49
CFR 172.101 AS UN0431;
  (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
ELEMENTS OR CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY  OF  THE
OXYGEN  OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN AUDI-
BLE, VISUAL, MECHANICAL, OR THERMAL EFFECT AS  AN  INTEGRAL  PART  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15633-03-4

S. 7888                             2

MOTION  PICTURE,  RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR
LIVE ENTERTAINMENT;
  (IV)  CONSUMER  FIREWORKS  WHICH  ARE  AERIAL  IN  PERFORMANCE AND ARE
COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE  ROCK-
ETS,  HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES,
AERIAL SHELL KITS, RELOADABLES AND  AUDIBLE  GROUND  DEVICES  WHICH  ARE
COMMONLY  REFERRED TO AS FIRECRACKERS AND CHASERS, AS WELL AS METAL WIRE
HANDHELD SPARKLERS;
  (V) ANY BLANK CARTRIDGE, BLANK CARTRIDGE  PISTOL,  OR  TOY  CANNON  IN
WHICH  EXPLOSIVES  ARE USED, FIRECRACKERS, OR ANY PREPARATION CONTAINING
ANY EXPLOSIVE OR INFLAMMABLE COMPOUND OR ANY  TABLETS  OR  OTHER  DEVICE
COMMONLY  USED  AND  SOLD  AS  FIREWORKS CONTAINING NITRATES, CHLORATES,
OXALATES, SULPHIDES OF LEAD, BARIUM, ANTIMONY, ARSENIC, MERCURY,  NITRO-
GLYCERINE,  PHOSPHORUS  OR  ANY  COMPOUND  CONTAINING ANY OF THE SAME OR
OTHER EXPLOSIVES, OR ANY SUBSTANCE  OR  COMBINATION  OF  SUBSTANCES,  OR
ARTICLE  PREPARED  FOR  THE PURPOSE OF PRODUCING A VISIBLE OR AN AUDIBLE
EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION OR  DETONATION,  OR  OTHER
DEVICE  CONTAINING ANY EXPLOSIVE SUBSTANCE, OTHER THAN SPARKLING DEVICES
AS DEFINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH; AND
  (VI) "SPARKLING DEVICES," AS USED IN THIS SECTION, INCLUDES:
  (1) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT
PRODUCE A SHOWER OF WHITE, GOLD, OR  COLORED  SPARKS  AS  THEIR  PRIMARY
PYROTECHNIC  EFFECT.  ADDITIONAL EFFECTS MAY INCLUDE A COLORED FLAME, AN
AUDIBLE CRACKLING EFFECT, AN AUDIBLE WHISTLE EFFECT,  AND  SMOKE.  THESE
DEVICES  DO  NOT  RISE  INTO THE AIR, DO NOT FIRE INSERTS OR PROJECTILES
INTO THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE  CRACK-
LING-TYPE  EFFECT  IS  NOT  CONSIDERED  TO BE A REPORT). GROUND-BASED OR
HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE  PYROTECH-
NIC  EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS
CATEGORY INCLUDE:
  (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING  NOT  MORE  THAN
SEVENTY-FIVE GRAMS OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A
DIFFERENT SHAPED EXTERIOR SUCH AS A SQUARE, RECTANGLE, CYLINDER OR OTHER
SHAPE  BUT THE INTERIOR TUBES ARE CYLINDRICAL IN SHAPE. UPON IGNITION, A
SHOWER OF COLORED SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE,  IS
PRODUCED.  THIS  DEVICE  MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO
THE GROUND (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING  ON  THE
GROUND  (BASE  FOUNTAIN),  OR A WOOD OR CARDBOARD HANDLE TO BE HAND HELD
(HANDLE FOUNTAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON  BASE,
TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED TWO HUNDRED GRAMS, AND WHEN
TUBES  ARE  SECURELY ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM
EACH OTHER ON THE BASE BY A DISTANCE OF AT  LEAST  HALF  AN  INCH  (12.7
MILLIMETERS),  A MAXIMUM TOTAL WEIGHT OF FIVE HUNDRED GRAMS OF PYROTECH-
NIC COMPOSITION SHALL BE ALLOWED.
  (B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING  NOT  MORE
THAN  FIFTY  GRAMS OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS
THAT OF A CYLINDRICAL FOUNTAIN.  WHEN MORE THAN ONE CONE IS MOUNTED ON A
COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT  EXCEED  TWO  HUNDRED
GRAMS, AS IS OUTLINED IN THIS SUBPARAGRAPH.
  (C)  WOODEN  SPARKLER/DIPPED  STICK:  THESE  DEVICES CONSIST OF A WOOD
DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION.  UPON  IGNITION
OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED.  SPARKLERS MAY
CONTAIN UP TO ONE HUNDRED GRAMS OF PYROTECHNIC COMPOSITION PER ITEM.
  (2)  NOVELTIES  WHICH  DO  NOT REQUIRE APPROVAL FROM THE UNITED STATES
DEPARTMENT OF  TRANSPORTATION  AND  ARE  NOT  REGULATED  AS  EXPLOSIVES,
PROVIDED THAT THEY ARE MANUFACTURED AND PACKAGED AS DESCRIBED BELOW:

S. 7888                             3

  (A)  PARTY  POPPER: SMALL DEVICES WITH PAPER OR PLASTIC EXTERIORS THAT
ARE ACTUATED BY MEANS OF FRICTION (A  STRING  OR  TRIGGER  IS  TYPICALLY
PULLED  TO  ACTUATE  THE  DEVICE).  THEY  FREQUENTLY  RESEMBLE CHAMPAGNE
BOTTLES OR TOY PISTOLS IN SHAPE.  UPON  ACTIVATION,  THE  DEVICE  EXPELS
FLAME-RESISTANT  PAPER  STREAMERS,  CONFETTI,  OR  OTHER  NOVELTIES  AND
PRODUCES A SMALL REPORT. DEVICES  MAY  CONTAIN  NOT  MORE  THAN  SIXTEEN
MILLIGRAMS  (0.25  GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO
POTASSIUM CHLORATE AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN
AN INNER PACKAGING WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES.
  (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE
MILLIGRAM OF SILVER FULMINATE COATED ON SMALL BITS OF  SAND  OR  GRAVEL.
WHEN  DROPPED,  THE DEVICE EXPLODES, PRODUCING A SMALL REPORT.  SNAPPERS
MUST BE IN INNER PACKAGES NOT TO EXCEED  FIFTY  DEVICES  EACH,  AND  THE
INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE-
RIAL.
  (B)  THE  TERM  "DANGEROUS  FIREWORKS"  MEANS ANY FIREWORKS CAPABLE OF
CAUSING SERIOUS PHYSICAL INJURY AND WHICH ARE:  FIRECRACKERS  CONTAINING
MORE  THAN  FIFTY  MILLIGRAMS  OF  ANY  EXPLOSIVE  SUBSTANCE, TORPEDOES,
SKYROCKETS AND ROCKETS INCLUDING ALL DEVICES WHICH EMPLOY ANY  COMBUSTI-
BLE  OR  EXPLOSIVE SUBSTANCE AND WHICH RISE IN THE AIR DURING DISCHARGE,
ROMAN CANDLES, AND BOMBS, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU-
LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO
INCLUDE SPARKLERS MORE THAN TEN INCHES IN LENGTH OR  ONE-FOURTH  OF  ONE
INCH  IN DIAMETER, OR CHASERS INCLUDING ALL DEVICES WHICH DART OR TRAVEL
ABOUT THE SURFACE OF THE GROUND DURING DISCHARGE.
  (C) "FIREWORKS" AND "DANGEROUS  FIREWORKS"  SHALL  NOT  BE  DEEMED  TO
INCLUDE THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED
BELOW  BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW
YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED  EIGHTY,
FOUR  HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT-
Y-THREE OF THE GENERAL BUSINESS LAW:
  (I) FLARES OF THE TYPE USED BY RAILROADS OR ANY WARNING LIGHTS COMMON-
LY KNOWN AS RED FLARES, OR MARINE DISTRESS SIGNALS OF A TYPE APPROVED BY
THE UNITED STATES COAST GUARD, OR
  (II) TOY PISTOLS, TOY CANES, TOY GUNS OR OTHER DEVICES IN WHICH  PAPER
CAPS  CONTAINING  TWENTY-FIVE  HUNDREDTHS  GRAINS  OR  LESS OF EXPLOSIVE
COMPOUND ARE USED, PROVIDING THEY  ARE  SO  CONSTRUCTED  THAT  THE  HAND
CANNOT  COME  IN  CONTACT  WITH  THE  CAP WHEN IN PLACE FOR USE, AND TOY
PISTOL PAPER CAPS WHICH CONTAIN LESS THAN  TWENTY-HUNDREDTHS  GRAINS  OF
EXPLOSIVE  MIXTURE,  THE SALE AND USE OF WHICH SHALL BE PERMITTED AT ALL
TIMES, OR
  (III) BANK SECURITY DEVICES WHICH CONTAIN NOT MORE THAN FIFTY GRAMS OF
ANY COMPOUND OR SUBSTANCE OR ANY COMBINATION THEREOF, TOGETHER  WITH  AN
IGNITER  NOT  EXCEEDING  0.2  GRAM,  CAPABLE OF PRODUCING A LACHRYMATING
AND/OR VISIBLE OR AUDIBLE EFFECT, WHERE SUCH DEVICE IS  STORED  OR  USED
ONLY  BY  BANKS, NATIONAL BANKING ASSOCIATIONS, TRUST COMPANIES, SAVINGS
BANKS, SAVINGS  AND  LOAN  ASSOCIATIONS,  INDUSTRIAL  BANKS,  OR  CREDIT
UNIONS,  OR  BY  ANY  MANUFACTURER, WHOLESALER, DEALER, JOBBER OR COMMON
CARRIER FOR SUCH DEVICES AND WHERE THE TOTAL STORAGE ON ANY ONE PREMISES
DOES NOT EXCEED ONE HUNDRED DEVICES, OR
  (IV) EXCEPT IN CITIES WITH A POPULATION OF ONE  MILLION  OR  MORE,  IN
THOSE  COUNTIES  AND  CITIES THAT OPT BY LOCAL LAW PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS  CHAPTER,  "FIREWORKS"
AND  "DANGEROUS  FIREWORKS"  SHALL  NOT  BE DEEMED TO INCLUDE "SPARKLING
DEVICES" AS DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH (A) OF THIS SUBDI-
VISION.

S. 7888                             4

  2. OFFENSE. (A) EXCEPT AS HEREIN OTHERWISE PROVIDED, OR EXCEPT WHERE A
PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER:
  (I)  ANY  PERSON  WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH,
ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A CLASS B MISDEMEANOR;
  (II) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH
ANY  FIREWORKS  OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR
MORE SHALL BE GUILTY OF A CLASS A MISDEMEANOR;
  (III) ANY PERSON WHO SHALL POSSESS, USE, EXPLODE OR CAUSE  TO  EXPLODE
ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A VIOLATION;
  (IV)  ANY  PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH,
ANY DANGEROUS FIREWORKS, FIREWORKS OR SPARKLING DEVICES  TO  ANY  PERSON
WHO IS UNDER THE AGE OF EIGHTEEN IS GUILTY OF A CLASS A MISDEMEANOR.
  (B)  A  PERSON  WHO  HAS  PREVIOUSLY  BEEN CONVICTED OF A VIOLATION OF
SUBPARAGRAPH (IV) OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  WITHIN  THE
PRECEDING  FIVE  YEARS  AND  WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR
FURNISH, ANY DANGEROUS FIREWORKS TO ANY PERSON WHO IS UNDER THE  AGE  OF
EIGHTEEN, SHALL BE GUILTY OF A CLASS E FELONY.
  (C)  POSSESSION  OF  FIREWORKS  OR  DANGEROUS  FIREWORKS VALUED AT ONE
HUNDRED FIFTY DOLLARS OR MORE SHALL BE A PRESUMPTION THAT SUCH FIREWORKS
WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
  3. EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
  (I) FIREWORKS, DANGEROUS FIREWORKS, AND  SPARKLING  DEVICES  WHILE  IN
POSSESSION  OF RAILROADS, COMMON OR CONTRACT CARRIERS, RETAILERS, WHOLE-
SALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION COMPANIES OR  TRANSPOR-
TATION  AGENCIES FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE
STATE, THE SHIPMENT OF WHICH IS NOT PROHIBITED  BY  INTERSTATE  COMMERCE
COMMISSION  REGULATIONS  AS  FORMULATED AND PUBLISHED FROM TIME TO TIME,
UNLESS THEY BE HELD VOLUNTARILY BY SUCH RAILROADS,  COMMON  OR  CONTRACT
CARRIERS,  RETAILERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTA-
TION AGENCIES OR TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY  TO
POINTS WITHIN THE STATE;
  (II)  SIGNALING  DEVICES  USED BY RAILROAD COMPANIES OR MOTOR VEHICLES
REFERRED  TO  IN  SUBDIVISION  SEVENTEEN  OF   SECTION   THREE   HUNDRED
SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW;
  (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
  (IV)  FIREWORKS, DANGEROUS FIREWORKS AND SPARKLING DEVICES FOR THE USE
THEREOF BY THE UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE  AND
FEDERAL GOVERNMENT;
  (V)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE-
WORKS AND SPARKLING DEVICES AND SPECIAL EFFECTS MATERIALS IN  CONNECTION
WITH  THE  PRODUCTION  OF  MOTION PICTURES, TELEVISION PROGRAMS, COMMER-
CIALS, AND ALL ENTERTAINMENT MEDIA RECORDED IN  ANY  CURRENT  OR  TO  BE
DESIGNED  FORMAT  WHEN  SUCH  USE,  TRANSPORTATION  AND STORAGE HAS BEEN
APPROPRIATELY PERMITTED BY THE  LOCAL  GOVERNMENTAL  SUBDIVISION  HAVING
JURISDICTION.
  (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
  (I)  ANY  MANUFACTURER,  WHOLESALER,  RETAILER,  DEALER OR JOBBER FROM
MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A SPARKLING DEVICE  TO
MUNICIPALITIES,  RELIGIOUS  OR  CIVIC  ORGANIZATIONS, FAIR ASSOCIATIONS,
AMUSEMENT PARKS, OR OTHER  ORGANIZATIONS  AUTHORIZED  BY  THE  STATE  TO
STORE, TRANSPORT, POSSESS AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT,
POSSESS AND USE;
  (II)  THE  SALE OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE-
VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA,  OR  FOR  SIGNAL
PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;

S. 7888                             5

  (III)  THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS AND SPARKLING DEVICES IN THE PREPARATION FOR OR IN  CONNECTION
WITH  MOTION  PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTER-
TAINMENT MEDIA RECORDED IN ANY CURRENT OR TO  BE  DESIGNED  FORMAT  WHEN
SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY
THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION;
  (IV) THE MANUFACTURE OR SALE OF SPARKLING DEVICES PROVIDED THEY ARE TO
BE  SHIPPED  DIRECTLY  OUT  OF  SUCH CITY AND ANY SUCH ITEMS ARE SOLD IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; OR
  (V) EXCEPT IN CITIES  WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE,
POSSESSION OF SPARKLING DEVICES LAWFULLY OBTAINED IN A JURISDICTION THAT
DID  OPT  BY  LOCAL LAW PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF
SECTION 405.00 OF THIS CHAPTER TO EXCLUDE "SPARKLING DEVICES"  FROM  THE
DEFINITIONS OF "FIREWORKS" AND "DANGEROUS FIREWORKS", FOR THE PURPOSE OF
LAWFUL USE IN ANOTHER JURISDICTION THAT DID OPT BY LOCAL LAW PURSUANT TO
PARAGRAPH  (B)  OF SUBDIVISION FIVE OF SECTION 405.00 OF THIS CHAPTER TO
EXCLUDE "SPARKLING DEVICES" FROM  THE  DEFINITIONS  OF  "FIREWORKS"  AND
"DANGEROUS FIREWORKS". THE SUPERINTENDENT OF STATE POLICE SHALL ANNUALLY
PUBLISH  A  LIST  OF  THOSE  JURISDICTIONS  THAT HAVE OPTED BY LOCAL LAW
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION 405.00 OF  THIS
CHAPTER  TO  EXCLUDE  "SPARKLING DEVICES" FROM THE DEFINITIONS OF "FIRE-
WORKS" AND "DANGEROUS FIREWORKS".
  S 2. Subdivision 5 of section 405.00 of the penal law, as  amended  by
chapter 127 of the laws of 2013, is amended to read as follows:
  5. Local ordinances superseded. (A) All local ordinances regulating or
prohibiting  the  display  of  fireworks  are  hereby  superseded by the
provisions of this section. Every city, town or village shall  have  the
power  to  enact  ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in  the
preparation for or in connection with television broadcasts.
  (B)  FURTHER,  NO  CITY OR COUNTY SHALL BE BOUND TO INCLUDE "SPARKLING
DEVICE" IN THE DEFINITIONS OF "FIREWORKS" AND "DANGEROUS  FIREWORKS"  IN
SECTION  270.00 OF THIS CHAPTER, IF SUCH CITY OR COUNTY SHALL SO AUTHOR-
IZE THE EXEMPTION OF "SPARKLING DEVICE" BY LAW.  IF  ANY  SUCH  CITY  OR
COUNTY  SO ELECTS, IT AND SUCH OTHER LOCAL JURISDICTIONS THAT LIE WITHIN
ITS GEOGRAPHICAL BOUNDARIES SHALL NOT ENACT ANY OTHER LOCAL LAW THAT  IS
INCONSISTENT  WITH  THE PROVISIONS OF SUBPARAGRAPH (IV) OF PARAGRAPH (C)
OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER,  NOR  TO  REGULATE
SPARKLING DEVICES IN A MANNER THAT IS IN CONFLICT WITH THE PROVISIONS OF
NFPA 1124, 2006 EDITION.
  S 3. Subdivision 20 of section 156 of the executive law, as renumbered
by  chapter  127 of the laws of 2013, is renumbered subdivision 21 and a
new subdivision 20 is added to read as follows:
  20. REGISTER THE MANUFACTURERS, DISTRIBUTORS,  WHOLESALERS,  RETAILERS
AND  SEASONAL  RETAILERS  OF  SPARKLING  DEVICES WHO WISH TO DO BUSINESS
WITHIN THE STATE.
  S 4. The executive law is amended by adding a  new  section  156-h  to
read as follows:
  S 156-H. REGISTRATION AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE-
SALERS,  AND  RETAILERS OF SPARKLING DEVICES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE TERM:
  (A) "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN  THE  BUSINESS
OF SELLING SPARKLING DEVICES TO WHOLESALERS, SPECIALTY RETAILERS, PERMA-
NENT RETAILERS OR TEMPORARY SEASONAL RETAILERS FOR RESALE.
  (B)  "MANUFACTURER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE MANUFAC-
TURE OR CONSTRUCTION OF SPARKLING DEVICES.

S. 7888                             6

  (C) "SPECIALTY RETAILER" MEANS ANY PERSON OR ENTITY WHO,  AT  A  FIXED
PLACE  OF  BUSINESS,  IS  ENGAGED SOLELY IN SELLING SPARKLING DEVICES AT
RETAIL. FOR PURPOSES OF THIS SECTION, A  PERSON  OR  ENTITY  IS  ENGAGED
SOLELY IN SELLING SPARKLING DEVICES IF FIFTY-ONE PERCENT OR MORE OF SUCH
PERSON'S  OR  ENTITY'S ANNUAL GROSS SALES ARE FROM THE SALE OF SPARKLING
DEVICES.
  (D) "PERMANENT RETAILER" MEANS ANY PERSON OR ENTITY WHO,  AT  A  FIXED
PLACE OF BUSINESS, IS ENGAGED IN SELLING SPARKLING DEVICES AT RETAIL.
  (E) "SPARKLING DEVICES" MEANS ANY ITEM DEFINED IN SUBPARAGRAPH (VI) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW.
  (F) "TEMPORARY SEASONAL RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A
TEMPORARY  STAND  OR  TENT, IS ENGAGED IN SELLING SPARKLING DEVICES FROM
JUNE TWENTIETH THROUGH JULY FIFTH OR FROM DECEMBER TENTH THROUGH JANUARY
SECOND OF EACH YEAR AT RETAIL.
  (G) "WHOLESALER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS OF
SELLING SPARKLING DEVICES TO SPECIALTY RETAILERS, PERMANENT RETAILERS OR
TEMPORARY SEASONAL RETAILERS AT WHOLESALE.
  2. REGISTRATION REQUIREMENTS. ANY  MANUFACTURER,  DISTRIBUTOR,  WHOLE-
SALER,  SPECIALTY  RETAILER,  PERMANENT  RETAILER  OR TEMPORARY SEASONAL
RETAILER OF SPARKLING DEVICES WHO WISHES TO DO BUSINESS IN THIS STATE OR
TO OTHERWISE SELL, SHIP, OR ASSIGN FOR SALE ITS PRODUCTS IN  THIS  STATE
MUST REGISTER ANNUALLY WITH THE OFFICE OF FIRE PREVENTION AND CONTROL ON
FORMS  PRESCRIBED  BY  SUCH  OFFICE.  ANY  SPECIALTY RETAILER, PERMANENT
RETAILER OR TEMPORARY SEASONAL RETAILER THAT SELLS SPARKLING DEVICES  AT
MORE  THAN  ONE RETAIL LOCATION MAY SUBMIT ONE REGISTRATION FORM FOR ALL
SUCH LOCATIONS BUT MUST PROVIDE THE ADDRESS OF EACH  LOCATION  WITH  THE
REGISTRATION  FORM;  HOWEVER, ANY RETAILER MAY SUBMIT MULTIPLE REGISTRA-
TION FORMS.
  3. REGISTRATION FORM. THE REGISTRATION FORM FILED WITH THE  OFFICE  OF
FIRE  PREVENTION  AND  CONTROL  MUST  BE  NOTARIZED AND MUST INCLUDE THE
FOLLOWING INFORMATION: BUSINESS NAME; ADDRESS; TELEPHONE  NUMBER;  OFFI-
CERS,  IF THE BUSINESS IS A CORPORATION; AND AN INDIVIDUAL DESIGNATED AS
A CONTACT PERSON.
  4. FEES. (A) EACH MANUFACTURER, DISTRIBUTOR OR WHOLESALER MUST PAY  AN
ANNUAL  REGISTRATION  FEE TO BE SET BY THE OFFICE OF FIRE PREVENTION AND
CONTROL NOT TO EXCEED FIVE THOUSAND  DOLLARS.  EACH  SPECIALTY  RETAILER
MUST  PAY  AN  ANNUAL  REGISTRATION  FEE TO BE SET BY SUCH OFFICE NOT TO
EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS. EACH PERMANENT RETAILER  SHALL
PAY  AN  ANNUAL  REGISTRATION FEE TO BE SET BY SUCH OFFICE NOT TO EXCEED
TWO HUNDRED DOLLARS FOR EACH RETAIL LOCATION REGISTERED. EACH  TEMPORARY
SEASONAL  RETAILER  MUST PAY A REGISTRATION FEE TO BE SET BY SUCH OFFICE
NOT  TO  EXCEED   TWO   HUNDRED   FIFTY   DOLLARS   PER   SEASON.   EACH
CERTIFICATE-HOLDER  WISHING  TO  HAVE A DUPLICATE CERTIFICATE ISSUED FOR
ONE WHICH IS LOST OR TO REFLECT A CHANGE OF ADDRESS SHALL  REQUEST  SUCH
DUPLICATE IN WRITING AND SHALL PAY A FEE OF FIVE DOLLARS.
  (B)  REVENUE  FROM  REGISTRATION  FEE  PAYMENTS  SHALL BE USED FOR THE
PURPOSES OF IMPLEMENTING FIREFIGHTER SAFETY  AND  TRAINING  PROGRAMS  AS
WELL AS REGISTRATION AND TESTING PROVISIONS OF THIS CHAPTER.
  (C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY
FEE  OR  REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING
DEVICES.
  5. RECORD AND REPORTS. EACH MANUFACTURER, DISTRIBUTOR  AND  WHOLESALER
SHALL  MAINTAIN AND MAKE AVAILABLE TO THE STATE FIRE ADMINISTRATOR, UPON
THE STATE FIRE ADMINISTRATOR'S REASONABLE REQUEST,  FULL  AND  COMPLETE,
TRUE,  AND ACCURATE RECORDS SHOWING THE NAME AND QUANTITY OF ANY SPARKL-

S. 7888                             7

ING DEVICE PRODUCED IN, IMPORTED TO, EXPORTED  FROM,  OR  SOLD  IN  THIS
STATE.
  6.   RULES.  THE  STATE  FIRE  ADMINISTRATOR  SHALL  PROMULGATE  RULES
PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
  S 5. The general business law is amended by adding a new section 392-j
to read as follows:
  S 392-J. SALES OF SPARKLING DEVICES.  1. SALES OF SPARKLING DEVICES AS
DEFINED IN SUBPARAGRAPH (VI) OF PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF
SECTION 270.00 OF THE PENAL LAW SHALL BE LAWFUL ONLY FOR BUSINESS REGIS-
TERED  BY  THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXECU-
TIVE LAW BETWEEN JUNE FIRST AND JULY  FIFTH  OR  FROM  DECEMBER  TWENTY-
SIXTH THROUGH JANUARY SECOND OF EACH YEAR.
  2.  FAILURE  TO COMPLY WITH THIS SECTION SHALL BE DEEMED AN OFFENSE AS
DEFINED IN SUBDIVISION TWO OF SECTION 270.00 OF THE PENAL LAW.
  S 6. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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