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NY S07888
Bill
Status
11/21/2014
Primary Sponsor
Michael Nozzolio
Click for details
AI Summary
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Redefines "fireworks" and "dangerous fireworks" in New York Penal Law to include display fireworks, articles pyrotechnic, special effects, consumer fireworks, and various explosive devices, while establishing separate definitions for "sparkling devices" as ground-based or hand-held devices that produce sparks without rising into the air or exploding.
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Creates tiered criminal penalties: Class B misdemeanor for selling/offering fireworks; Class A misdemeanor for selling fireworks valued at $500+ or selling to anyone under 18; violation for possession/use; Class E felony for repeat offenses of selling dangerous fireworks to minors.
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Allows cities and counties to opt out of regulating sparkling devices as "fireworks" through local law, with the exception that cities with populations over one million must continue to regulate sparklers over 10 inches in length or 1/4 inch in diameter.
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Establishes state registration requirements for manufacturers, distributors, wholesalers, and retailers of sparkling devices, with annual fees not exceeding $5,000 for manufacturers/distributors, $2,500 for specialty retailers, $200 per location for permanent retailers, and $250 per season for temporary seasonal retailers.
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Restricts lawful sales of sparkling devices to June 1-July 5 and December 26-January 2 of each year for registered businesses; prohibits local jurisdictions from charging additional fees or requiring permits for sparkling device sales.
Legislative Description
Relates to fireworks, dangerous fireworks and sparkling devices.
Last Action
APPROVAL MEMO.12
11/21/2014