Senate Bill S8013

2015-2016 Legislative Session

Relates to authorizing the sale and possession of sparkling devices outside of cities with a population of one million or more

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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2015-S8013 (ACTIVE) - Details

See Assembly Version of this Bill:
A10611
Law Section:
Penal Law
Laws Affected:
Amd ยงยง270.00 & 405.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S724, A2290

2015-S8013 (ACTIVE) - Summary

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.

2015-S8013 (ACTIVE) - Sponsor Memo

2015-S8013 (ACTIVE) - Bill Text download pdf

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

                                  8013

                            I N  S E N A T E

                              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:

  Section 1. Subparagraph (iv) of paragraph (c)  of  subdivision  1  and
subparagraph  (v) of paragraph (b) of subdivision 3 of section 270.00 of
the penal law, as added by chapter 477 of the laws of 2014, are  amended
to read as follows:
  (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.
  (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  "fire-
works"  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  defi-
nitions  of  "fireworks" and "dangerous fireworks"] ANOTHER JURISDICTION
WITHIN THE STATE.
  S 2. Paragraph (b) of subdivision 5 of section  405.00  of  the  penal
law,  as added by chapter 477 of the laws of 2014, is amended to read as
follows:

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

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