What's happening
This bill authorizes the sale and possession of sparkling devices statewide except in New York City, while allowing counties to prohibit them.
Why it matters
Standardizes statewide rules. for the sale and possession of sparkling devices (like handheld sparklers), simplifying what was previously a patchwork of local laws—except for New York City, which remains excluded.
Empowers counties to prohibit sparkling devices. if they choose, but limits the severity of penalties they can impose (e.g., only violations for use and up to a class B misdemeanor for lower-value sales), which restricts how punitive local bans can be.
Aligns regulation with national safety standards (NFPA 1124, 2006 edition). for storage and retail sale, meaning retailers and users across most of the state will follow uniform safety guidelines designed to reduce fire and injury risks.
Removes requirement for annual state police publication. of which jurisdictions allow sparkling devices, reducing administrative overhead and potential confusion for consumers and retailers about where these items are legal.
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Who cares
Headline styles
Legalize Sparklers Upstate
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.371
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.323
- Substituted for A2290C
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–2
- Amended on third reading 724a
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.1019
- 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.
Allow Sparkler Sales Upstate
Assembly Floor Calendar · Sponsor Joseph Morelle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
724--A Cal. No. 1019
2017-2018 Regular Sessions
IN SENATE
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 favorably 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 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 chapter to exclude "sparkling devices" from the definitions of "fireworks" 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 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.
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" 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.