NY State Senate Bill 2017-S724

Senate Bill S724

Signed By Governor

2017-2018 Legislative Session

Relates to authorizing the sale and possession of sparkling devices outside of N.Y. city

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.371
Oct 11, 2017	delivered to governor
Jun 15, 2017	returned to senate passed assembly ordered to third reading rules cal.323 substituted for a2290c
Jun 13, 2017	referred to codes delivered to assembly passed senate
Jun 08, 2017	amended on third reading 724a
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1019
Jan 04, 2017	referred to codes

Votes

- Jun 13, 2017 - Floor Vote
  S724
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Hoylman-Sigal
      
      Krueger
  May 16, 2017 - Codes Committee Vote
  S724
  
  14
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 16, 2017
      
      aye (14)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      nay (2)
      
      Hoylman-Sigal
      
      Krueger

Bill Amendments

Original

A (Active)

2017-S724 - Details

Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S8013

2017-S724 - 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.

2017-S724 - Sponsor Memo

                                 BILL NUMBER:  S724

 TITLE OF BILL :  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

 PURPOSE :

This purpose of this bill is to eliminate the regulatory "patchwork"
that presently exists with counties in New York State by exempting
"sparkling devices" from the definition of "fireworks" and "dangerous
fireworks" in those counties that have not previously opted by local
law pursuant to paragraph (b) of subdivision five of section 405.00 of
chapter 477.

 SUMMARY OF PROVISIONS :

Section 1:

Subparagraph (iv) of paragraph (c) of subdivision 1 of section 270.00
is amended to exempt "sparkling devices" from the definition of
"fireworks" and "dangerous fireworks" in those counties that have not
opted by local law pursuant to paragraph (b) of subdivision five of
section 405.00 of chapter 477.

Subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00

is amended to permit "sparkling devices" that are lawfully obtained in
a jurisdiction to be used in another lawful jurisdiction within the
state

Section 2:

Paragraph (b) of subdivision 5 of section 405.00 is amended to
prohibit a local jurisdiction from enacting any other local law
inconsistent with the provisions of subparagraph (iv) of paragraph (c)
of subdivision one of section 270.00 of chapter 477, or from
regulating sparkler devices in a manner that is in conflict with the
provisions of NFPA 1124, 2006 edition.

Section 3 permits a county, not currently registered with the
secretary of state, to exempt itself from the previous previsions, if
it enacts a local law and tiles such local law with the secretary of
state within ninety (90) days of the effective date of this act.

 EXISTING LAW :

Section 270.00 of the Penal Law. Section 405.00 of Penal Law.

 JUSTIFICATION :

This bill is aimed at eliminating the regulatory confusion regarding
Local laws pertaining to "sparkling devices" on behalf of law
enforcement personnel and the citizens of New York State. Currently,
New York State law permits each county to decide whether or not to
exempt "sparkling devices" from the definition of "fireworks" and
"dangerous fireworks." This has resulted in a regulatory "patchwork"
of local laws since some counties have not made a decision either way.
This makes it difficult for law enforcement personnel and citizens to
have a clear understanding of the law. This bill seeks to remedy this
regulatory "patchwork" of local laws.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :
Additional revenue from sales tax.

 LOCAL FISCAL IMPLICATIONS :

Additional revenue from sales tax.

 EFFECTIVE DATE :
This bill shall take effect immediately upon becoming law.

2017-S724 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    724
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00926-02-7

 S. 724                              2
 
   § 2. Paragraph (b) of subdivision 5 of section  405.00  of  the  penal
 law,  as  amended by chapter 458 of the laws of 2016, is amended to read
 as follows:
   (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] A CITY OR COUNTY and such other local jurisdic-
 tions that lie within its geographical boundaries shall  not  enact  any
 [other]  local  law that is inconsistent with the provisions of subpara-
 graph (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.
   §  3.  Notwithstanding  the provisions of sections one and two of this
 act, any county, that did not previously opt by local  law  pursuant  to
 section  405.00 of the penal law to exclude "sparkling devices" from the
 definitions of "fireworks" and "dangerous fireworks" and did not  regis-
 ter such with the secretary of state prior to the effective date of this
 act, may elect to exempt itself from the provisions of such sections, if
 acting  by  and through its governing body, it enacts a local law estab-
 lishing such exemption and filing such local law with the  secretary  of
 state within ninety days of the effective date of this act.
   § 4. This act shall take effect immediately.

2017-S724A (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 405.00, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S8013

2017-S724A (ACTIVE) - Summary

2017-S724A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S724A

 TITLE OF BILL :

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

 PURPOSE :

This purpose of this bill is to eliminate the regulatory "patchwork"
that presently exists with counties in New York State by exempting
"sparkling devices" from the definition of "fireworks" and "dangerous
fireworks" but permitting local cities and counties to adopt local
laws that prohibit the use and sale of such devices.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1:  Subparagraph (iv) of paragraph (c) of subdivision 1 of
section 270.00 is amended to exempt "sparkling devices" from the
definition of "fireworks" and "dangerous fireworks" in those counties
that have not opted by local law pursuant to paragraph (b) of
subdivision five of section 405.00 of chapter 477.

Subparagraph (v) of paragraph (b) of subdivision 3 of section 270.00
is amended to permit "sparkling devices" that are lawfully obtained in

a jurisdiction to be used in another lawful jurisdiction.

Section 2:

Paragraph (b) of subdivision 5 of section 405.00 is amended to
prohibit a local jurisdiction from enacting any other local law
inconsistent with the provisions of subparagraph (iv) of paragraph (c)
of subdivision one of section 270.00 of chapter 477. It further
permits a city or county to adopt a local law to prohibit the use and
sale of sparkling devices. However such local law is limited to the
existing penal law penalties.

Section 3 repeals paragraph (c) of subdivision 5 of section 405.00
that enabled Orange County to adopt local laws governing sparkling
devices, as such authorization is now encompassed by paragraph (b) of
the same subdivision.

 JUSTIFICATION :

This bill is aimed at eliminating the regulatory confusion regarding
local laws pertaining to "sparkling devices" on behalf of law enforce-
ment personnel and the citizens of New York State. Currently, New York
State law permits each county to decide whether or not to exempt
"sparkling devices" from the definition of "fireworks" and "dangerous
fireworks." This has resulted in a regulatory "patchwork" of local
laws since some counties have not made a decision either way. This
makes it difficult for law enforcement personnel and citizens to have
a clear understanding of the law. This bill seeks to remedy this
regulatory "patchwork" of local laws.

 LEGISLATIVE HISTORY :

S.8013 of 2015/16

 FISCAL IMPLICATIONS :

Additional revenue from sales tax.

 EFFECTIVE DATE :
This act shall take effect in ninety days.

2017-S724A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  724--A
     Cal. No. 1019
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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.  THE STORAGE AND RETAIL SALE OF SPARKLING DEVICES SHALL BE REGU-
 LATED IN A MANNER THAT IS NOT IN CONFLICT WITH THE  PROVISIONS  OF  NFPA
 1124, 2006 EDITION.
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00926-16-7

 S. 724--A                           2

 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.
   §  2. Paragraphs (b) and (c) of subdivision 5 of section 405.00 of the
 penal law, paragraph (b) as amended and paragraph (c) as added by  chap-
 ter 458 of the laws of 2016, are amended to read as follows:
   (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.] NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
 LAW, A COUNTY MAY ENACT A LOCAL LAW TO PROHIBIT  THE  SALE  AND  USE  OF
 "SPARKLING  DEVICES",  AS SUCH TERM IS DEFINED IN SECTION 270.00 OF THIS
 CHAPTER, PROVIDED, HOWEVER, ANY SUCH LOCAL LAW SHALL NOT ESTABLISH:
   (I) AN OFFENSE GREATER THAN A VIOLATION FOR A PERSON  WHO  SHALL  USE,
 EXPLODE OR CAUSE TO BE EXPLODED A SPARKLING DEVICE; OR
   (II)  AN  OFFENSE  GREATER THAN A CLASS B MISDEMEANOR FOR A PERSON WHO
 SHALL OFFER OR EXPOSE FOR SALE,  SELL  OR  FURNISH  A  SPARKLING  DEVICE
 VALUED  AT  LESS  THAN  FIVE  HUNDRED DOLLARS UNLESS SUCH OFFER, SALE OR
 FURNISHING IS TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
   (c) Notwithstanding paragraph (b) of this subdivision, any city wholly
 contained within the county of Orange may enact a local law to  [include
 "sparkling  device" within the definitions of "fireworks" and "dangerous
 fireworks"] PROHIBIT THE SALE AND USE OF "SPARKLING DEVICES" as  defined
 in  section 270.00 of this chapter, IN ACCORDANCE WITH SUBPARAGRAPHS (I)
 AND (II) OF PARAGRAPH (B)  OF  THIS  SUBDIVISION,  notwithstanding  [any
 local law enacted by] THAT such county [that authorizes the exemption of
 "sparkling  device" from such definition] HAS NOT ENACTED A LOCAL LAW TO
 PROHIBIT THE SALE AND USE OF SUCH SPARKLING DEVICES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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