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

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
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

S724 - Details

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

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.

S724 - Sponsor Memo

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.

S724A (ACTIVE) - Details

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

S724A (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.

S724A (ACTIVE) - Sponsor Memo

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

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