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S8013Senate2015-2016 SessionSame asA10611

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

Sponsor Thomas F. O'MaraSD-58Affects Legal
Status
Assembly Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Who cares

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Sponsors

Primary sponsor
Thomas F. O'Mara

Senator · Senate District 58

Chair, Environmental Conservation

No co-sponsors yet.

History

  1. Ordered to third reading rules cal.533
  2. Substituted for A10611
  3. Referred to codes
  4. Delivered to assembly
  5. Passed senateVote 59–3
  6. Ordered to third reading cal.1840
  7. Committee discharged and committed to rules
  8. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10611Assembly

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

Assembly Floor Calendar · Sponsor Joseph Morelle

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.