NY State Senate Bill 2015-S8013

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	ordered to third reading rules cal.533 substituted for a10611
Jun 15, 2016	referred to codes delivered to assembly passed senate ordered to third reading cal.1840 committee discharged and committed to rules
Jun 03, 2016	referred to codes

Votes

- Jun 15, 2016 - Floor Vote
  S8013
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (3)
      
      Bonacic
      
      Hoylman-Sigal
      
      Krueger
      
      excused (1)
      
      Diaz
  Jun 15, 2016 - Rules Committee Vote
  S8013
  
  20
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2016
      
      aye (20)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Bonacic
      
      Krueger
      
      aye wr (1)
      
      Montgomery
      
      absent (2)
      
      Espaillat
      
      Larkin

2015-S8013 (ACTIVE) - Details

See Assembly Version of this Bill:: A10611
Law Section:: Penal Law
Laws Affected:: Amd §§270.00 & 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

                                 BILL NUMBER:  S8013

 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 files 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.

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.

                                                           LBD14116-06-6

S. 8013                             2

  (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.
  S  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.
  S 4. This act shall take effect immediately.

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