What's happening
This bill allows the sale and possession of sparkling devices outside New York City, while permitting counties to locally prohibit them.
Why it matters
Expands consumer access to sparkling devices (like handheld sparklers) in most of New York State,. potentially affecting local businesses, holiday celebrations, and personal safety, as these devices would become more widely available outside NYC.
Shifts the regulatory power to counties,. letting them choose to ban sparkling devices locally, which may result in a patchwork of rules and uneven enforcement across different regions, affecting both consumers and retailers.
Sets limits on local penalties for violations,. ensuring that counties cannot impose penalties more severe than a violation for use or a class B misdemeanor for low-value sales, which may reduce harsh legal consequences for minor offenses related to sparkling devices.
Requires compliance with national fire safety standards (NFPA 1124) for storage and sale,. aiming to balance increased access with public safety and fire prevention concerns.
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Who cares
Headline styles
Allow Sparkler Sales Upstate
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Substituted by S724A
- Rules report cal.323
- Reported
- Reported referred to rules
- Print number 2290c
- Amend and recommit to codes
- Print number 2290b
- Amend (t) and recommit to codes
- Print number 2290a
- Amend (t) and recommit to codes
- 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.
Legalize Sparklers Upstate
Signed by Governor · Sponsor Thomas F. O'Mara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2290--C
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MORELLE, LUPARDO -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 subdivision. The storage and retail sale of sparkling devices shall be regulated 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00926-15-7
A. 2290--C 2
chapter to exclude "sparkling devices" from the definitions of "fireworks" 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 definitions 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 chapter 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 authorize 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.