A4362C-2011 Actions

• Sep 23, 2011: tabled
• Sep 23, 2011: vetoed memo.59
• Sep 12, 2011: delivered to governor
• Jun 22, 2011: RETURNED TO ASSEMBLY
• Jun 22, 2011: PASSED SENATE
• Jun 22, 2011: 3RD READING CAL.1516
• Jun 22, 2011: SUBSTITUTED FOR S4529D
• Jun 21, 2011: REFERRED TO RULES
• Jun 21, 2011: delivered to senate
• Jun 21, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.547
• Jun 20, 2011: rules report cal.547
• Jun 20, 2011: reported
• Jun 20, 2011: reported referred to rules
• Jun 17, 2011: print number 4362c
• Jun 17, 2011: amend (t) and recommit to codes
• Jun 6, 2011: print number 4362b
• Jun 6, 2011: amend and recommit to codes
• May 10, 2011: print number 4362a
• May 10, 2011: amend and recommit to codes
• Feb 3, 2011: referred to codes

A4362C-2011 Votes

A4362C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4362--C
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 3, 2011
 
 Introduced  by  M.  of  A.  MORELLE, LUPARDO, ZEBROWSKI -- read once and
 referred to the Committee  on  Codes  --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee -- 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 offenses relating to
 possession or sale of fireworks, sparkling devices and ammunition
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivisions  1,  2, and 3 of section 270.00 of the penal
 law, as amended by chapter 180 of the laws of 1997, are amended to  read
 as follows:

 1.  Definition of "fireworks" and "dangerous fireworks".
 (A)  The  term  "fireworks,"  as used in this section, [is defined and
 declared to be and to  include  any  blank  cartridge,  blank  cartridge
 pistol, or toy cannon in which explosives are used, firecrackers, spark-
 lers  or  other  combustible  or  explosive of like construction, or any
 preparation containing any explosive  or  inflammable  compound  or  any
 tablets  or  other device commonly used and sold as fireworks containing
 nitrates, chlorates, oxalates,  sulphides  of  lead,  barium,  antimony,
 arsenic,  mercury, nitroglycerine, phosphorus or any compound containing
 any of the same or other explosives, or any substance or combination  of
 substances,  or  article prepared for the purpose of producing a visible
 or an audible effect by combustion, explosion, deflagration  or  detona-
 tion,  or  other  device  containing  any  explosive  substance and the]
 INCLUDES:

 (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
 STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER
 CIAL DISPLAYS WHICH ARE  DESIGNED  TO  PRODUCE  VISIBLE  AND/OR  AUDIBLE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05241-12-1
 
       A. 4362--C                          2
 EFFECTS  BY  COMBUSTION,  DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
 LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF  EXPLOSIVE
 COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI
 TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
 EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO
 TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
 (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES
 SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
 CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
 THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
 ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
 CFR 172.101 AS UN0431;
 (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
 ELEMENTS  OR  CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
 OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN  AUDI
 BLE,  VISUAL,  MECHANICAL,  OR  THERMAL  EFFECT AS AN INTEGRAL PART OF A
 MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA  PRODUCTION,  OR
 LIVE ENTERTAINMENT;
 (IV)  CONSUMER  FIREWORKS  WHICH  ARE  AERIAL  IN  PERFORMANCE AND ARE
 COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE  ROCK
 ETS,  HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES,
 AERIAL SHELL KITS, RELOADABLES AND  AUDIBLE  GROUND  DEVICES  WHICH  ARE
 COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS; AND
 (V)  IN  CITIES  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE TERM
 "FIREWORKS" SHALL ALSO INCLUDE  ANY  BLANK  CARTRIDGE,  BLANK  CARTRIDGE
 PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK
 LERS  OR  OTHER  COMBUSTIBLE  OR  EXPLOSIVE OF LIKE CONSTRUCTION, OR ANY
 PREPARATION CONTAINING ANY EXPLOSIVE  OR  INFLAMMABLE  COMPOUND  OR  ANY
 TABLETS  OR  OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING
 NITRATES, CHLORATES, OXALATES,  SULPHIDES  OF  LEAD,  BARIUM,  ANTIMONY,
 ARSENIC,  MERCURY, NITROGLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING
 ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION  OF
 SUBSTANCES,  OR  ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE
 OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION  OR  DETONA
 TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
 (B)  THE  term  "dangerous  fireworks"  means any fireworks capable of
 causing serious physical injury and which are:  firecrackers  containing
 more  than  fifty  milligrams  of  any  explosive  substance, torpedoes,
 skyrockets and rockets including all devices which employ any  combusti
 ble  or  explosive substance and which rise in the air during discharge,
 Roman candles, AND bombs, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU
 LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO
 INCLUDE sparklers more than ten inches in length or  one-fourth  of  one
 inch  in diameter, or chasers including all devices which dart or travel
 about the surface of the ground during discharge.
 (C) "Fireworks" and "dangerous  fireworks"  shall  not  be  deemed  to
 include  [(1)] THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS
 LISTED BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE  12  OF
 THE  NEW YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED
 EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED
 EIGHTY-THREE OF THE GENERAL BUSINESS LAW:

 (I) flares of the type used by railroads or any warning lights common
 ly known as red flares, or marine distress signals of a type approved by
 the United States coast guard, or
 [(2)] (II) toy pistols, toy canes, toy guns or other devices in  which
 paper caps containing twenty-five hundredths grains or less of explosive
 
       A. 4362--C                          3
 compound  are  used,  providing  they  are  so constructed that the hand
 cannot come in contact with the cap when  in  place  for  use,  and  toy
 pistol  paper  caps  which contain less than twenty-hundredths grains of
 explosive  mixture,  the sale and use of which shall be permitted at all
 times, or
 [(3)] (III) bank security devices which contain not  more  than  fifty
 grams  of any compound or substance or any combination thereof, together
 with an igniter not exceeding 0.2 gram, capable of producing  a  lachry
 mating  and/or visible or audible effect, where such device is stored or
 used only by banks,  national  banking  associations,  trust  companies,
 savings banks, savings and loan associations, industrial banks, or cred
 it  unions, or by any manufacturer, wholesaler, dealer, jobber or common
 carrier for such devices and where the total storage on any one premises
 does not exceed one hundred devices.
 (C-1) EXCEPT IN CITIES WITH A  POPULATION  OF  ONE  MILLION  OF  MORE,
 "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE
 FOLLOWING,  NOR  SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE
 SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE  12  OF  THE  NEW  YORK
 STATE  CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY, FOUR
 HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE
 OF THE GENERAL BUSINESS LAW:

 (I) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT
 PRODUCE A SHOWER OF WHITE, GOLD, OR  COLORED  SPARKS  AS  THEIR  PRIMARY
 PYROTECHNIC  EFFECT.  ADDITIONAL EFFECTS MAY INCLUDE A COLORED FLAME, AN
 AUDIBLE CRACKLING EFFECT, AN AUDIBLE WHISTLE EFFECT,  AND  SMOKE.  THESE
 DEVICES  DO  NOT  RISE  INTO THE AIR, DO NOT FIRE INSERTS OR PROJECTILES
 INTO THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE  CRACK
 LING-TYPE  EFFECT  IS  NOT  CONSIDERED TO BE A REPORT).  GROUND-BASED OR
 HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE  PYROTECH
 NIC  EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS
 CATEGORY INCLUDE:

 (A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
 G OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED
 EXTERIOR SUCH AS A SQUARE, RECTANGLE, CYLINDER OR OTHER  SHAPE  BUT  THE
 INTERIOR  TUBES  ARE  CYLINDRICAL  IN  SHAPE. UPON IGNITION, A SHOWER OF
 COLORED SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS  PRODUCED.
 THIS  DEVICE  MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO THE GROUND
 (SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE
 FOUNTAIN), OR A WOOD OR CARDBOARD HANDLE TO BE HAND HELD  (HANDLE  FOUN
 TAIN).  WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYRO
 TECHNIC COMPOSITION MAY NOT EXCEED 200 G, AND WHEN  TUBES  ARE  SECURELY
 ATTACHED  TO  A  BASE AND THE TUBES ARE SEPARATED FROM EACH OTHER ON THE
 BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A  MAXI
 MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
 (B)  CONE  FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE
 THAN 50 G OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT  OF
 A  CYLINDRICAL  FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON A COMMON
 BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED
 IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
 (C) ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN  100
 G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
 AND  MAY  HAVE  A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN MORE THAN ONE
 TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY  NOT
 EXCEED 200 G, AS IS OUTLINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
 (D)  WHEEL:  PYROTECHNIC  DEVICE  INTENDED TO BE ATTACHED TO A POST OR
 TREE BY MEANS OF A NAIL OR STRING WHICH MAY HAVE ONE  OR  MORE  DRIVERS,
 
       A. 4362--C                          4
 EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
 NO  WHEEL  MAY CONTAIN MORE THAN 200 G OF TOTAL PYROTECHNIC COMPOSITION.
 UPON IGNITION, THE WHEEL REVOLVES,  PRODUCING  A  SHOWER  OF  COLOR  AND
 SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
 (E)  GROUND  SPINNER:  SMALL  DEVICE  CONTAINING NOT MORE THAN 20 G OF
 PYROTECHNIC COMPOSITION, VENTING OUT AN ORIFICE USUALLY ON THE  SIDE  OF
 THE  TUBE  AND  IS  SIMILAR  IN  OPERATION TO A WHEEL BUT INTENDED TO BE
 PLACED FLAT ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND  COLOR  IS
 PRODUCED BY THE RAPIDLY SPINNING DEVICE.
 (F)  FLITTER  SPARKLER:  NARROW PAPER TUBE ATTACHED TO A STICK OR WIRE
 AND FILLED WITH NOT MORE  THAN  5  G  OF  PYROTECHNIC  COMPOSITION  THAT
 PRODUCES  COLOR  AND  SPARKS  UPON IGNITION. THE PAPER AT ONE END OF THE
 TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
 (G) TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT  MORE
 THAN  100  G  OF  PYROTECHNIC  COMPOSITION THAT, UPON IGNITION, PRODUCES
 WHITE OR COLORED SMOKE AS THE PRIMARY EFFECT. TOY  SMOKE  DEVICES,  WHEN
 COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
 1.4G  UNLESS  CLASSED  AS  1.4S  OR NOT REGULATED AS AN EXPLOSIVE ON THE
 BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR,

S 173.56.
 (H) WIRE SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A METAL  WIRE
 OR  WOOD  DOWEL  THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON
 IGNITION OF THE TIP OF THE DEVICE,  A  SHOWER  OF  SPARKS  IS  PRODUCED.
 SPARKLERS MAY CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
 (I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
 IGNITION  OF  ONE  EXTERNAL  FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN
 SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR  PLAS
 TIC  BASE,  OR  ARE  DENSE-PACKED  AND  ARE HELD TOGETHER BY GLUE, WIRE,
 STRING, OR OTHER MEANS THAT SECURELY HOLDS  THE  TUBES  TOGETHER  DURING
 OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
 WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
 FUSES  ON  MULTIPLE  TUBE  DEVICES MUST BE FUSED IN SEQUENCE SO THAT THE
 TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.   WHEN  THE  TUBES  ARE
 SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE TUBES ARE SEPARATED
 FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7
 MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
 SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
 (II)  NOVELTIES  WHICH  DO NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT
 REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED  AND  PACK
 AGED AS DESCRIBED BELOW:

 (A)  PARTY  POPPER: SMALL DEVICES WITH PAPER OR PLASTIC EXTERIORS THAT
 ARE ACTUATED BY MEANS OF FRICTION (A  STRING  OR  TRIGGER  IS  TYPICALLY
 PULLED  TO  ACTUATE  THE  DEVICE).  THEY  FREQUENTLY  RESEMBLE CHAMPAGNE
 BOTTLES OR TOY PISTOLS IN SHAPE.  UPON  ACTIVATION,  THE  DEVICE  EXPELS
 FLAME-RESISTANT  PAPER  STREAMERS,  CONFETTI,  OR  OTHER  NOVELTIES  AND
 PRODUCES A SMALL REPORT. DEVICES MAY CONTAIN NOT MORE THAN 16  MG  (0.25
 GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
 AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAGING
 WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES.
 (B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE
 MILLIGRAM  OF  SILVER  FULMINATE COATED ON SMALL BITS OF SAND OR GRAVEL.
 WHEN DROPPED, THE DEVICE EXPLODES, PRODUCING A  SMALL  REPORT.  SNAPPERS
 MUST  BE  IN  INNER  PACKAGES  NOT TO EXCEED FIFTY DEVICES EACH, AND THE
 INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE
 RIAL.
 (C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE  SPHERES,
 OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH
 
       A. 4362--C                          5
 NIC  COMPOSITION  THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
 THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF  SAFETY  FUSE.  THE  OUTER
 CONFIGURATION  IS  USUALLY  A  SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
 PAPER  CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF POTAS
 SIUM NITRATE AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED  BY  MIXTURES
 CONSISTING  OF  POTASSIUM  CHLORATE,  SULFUR  OR SUGAR, AND A SUBLIMABLE
 ORGANIC DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN  A
 NEUTRALIZER/COOLANT  SUCH  AS  SODIUM  BICARBONATE.  TO  BE ELIGIBLE FOR
 UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE PYRO
 TECHNIC EFFECT FOLLOWING IGNITION, AND MUST BE PACKAGED IN  INNER  UNITS
 CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.
 (D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
 CONTAIN  2  G  OR  LESS  OF  COMPOSITION PER ARTICLE. UPON BURNING, THEY
 PRODUCE A SNAKE-LIKE ASH THAT EXPANDS IN LENGTH  AS  THE  PELLET  BURNS.
 CHEMICAL  COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM PERCHLORATE,
 NITRATE PITCH, ASPHALTUM,  AND  SIMILAR  CARBONACEOUS  MATERIALS.  THESE
 DEVICES  ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER PACK
 AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
 (E) WIRE SPARKERS/DIPPED STICKS: THESE DEVICES CONSIST OF A METAL WIRE
 OR WOOD DOWEL THAT HAS BEEN COATED WITH  PYROTECHNIC  COMPOSITION.  UPON
 IGNITION  OF  THE  TIP  OF  THE  DEVICE, A SHOWER OF SPARKS IS PRODUCED.
 SPARKLERS MAY CONTAIN UP TO 100 G OF  COMPOSITION  PER  ITEM.  SPARKLERS
 TYPICALLY USE BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE
 AS  FUELS. IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING SPARK
 LERS USE POTASSIUM PERCHLORATE AS AN OXIDIZER. ANY SPARKLER CONTAINING A
 CHLORATE OR PERCHLORATE OXIDIZER IS LIMITED TO  A  MAXIMUM  OF  5  G  OF
 COMPOSITION  PER  ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING
 THAT CONTAIN EIGHT DEVICES OR LESS TO BE TRANSPORTED  AS  NOT  REGULATED
 DEVICES, OR
 (III)  TOY  PLASTIC  OR  PAPER CAPS FOR TOY PISTOLS IN SHEETS, STRIPS,
 ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE  OF  0.25
 GRAINS  (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED
 AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE  APPROVED
 FOR  TRANSPORTATION  USING  THE  PROCEDURE  SPECIFIED IN TITLE 49 CFR, S
 173.56(B).
 2. Offense. (a) Except as herein otherwise provided, or except where a
 permit is obtained pursuant to section 405.00 OF THIS CHAPTER;  (i)  any
 person  who  shall offer or expose for sale, sell or furnish,  any fire
 works or dangerous fireworks is guilty of a class B misdemeanor;
 (ii) any person who shall offer or expose for sale,  sell  or  furnish
 any  fireworks  or dangerous fireworks valued at five hundred dollars or
 more shall be guilty of a class A misdemeanor;
 [(b) (i)  Except as herein otherwise stated, or except where a  permit
 is  obtained  pursuant  to  section  405.00,] (III) any person who shall
 possess, use, explode or cause to explode  any  fireworks  or  dangerous
 fireworks is guilty of a violation[.];
 [(ii)   A] (IV) ANY person who shall offer or expose for sale, sell or
 furnish, any dangerous fireworks, FIREWORKS OR  DEVICES  AS  DEFINED  IN
 PARAGRAPH  (C-1) OF SUBDIVISION ONE OF THIS SECTION to any person who is
 under the age of eighteen is guilty of a class A misdemeanor.
 [(iii)] (B) A person who has previously been convicted of a  violation
 of  subparagraph [(ii)] (IV) of [this] paragraph (A) OF THIS SUBDIVISION
 within the preceding five years and who shall offer or expose for  sale,
 sell  or furnish, any dangerous fireworks to any person who is under the
 age of eighteen, shall be guilty of a class E felony.
 
       A. 4362--C                          6
 (c) Possession of fireworks  or  dangerous  fireworks  valued  at  ONE
 HUNDRED fifty dollars or more shall be a presumption that such fireworks
 were intended to be offered or exposed for sale.
 3.  [The provisions of this section shall not apply to articles of the
 kind  and  nature herein mentioned, while in possession of railroads and
 transportation agencies for the  purpose  of  transportation  to  points
 without the state, the shipment of which is not prohibited by the inter-
 state  commerce  commission regulations as formulated and published from
 time to time, unless the same be held voluntarily by such  railroads  or
 transportation  companies  as warehousemen for delivery to points within
 the state; provided, that none of the provisions of this  section  shall
 apply  to signaling devices used by railroad companies or motor vehicles
 referred to in subdivision seventeen of section three  hundred  seventy-
 five  of the vehicle and traffic law, or to high explosives for blasting
 or similar purposes; provided  that  none  of  the  provisions  of  this
 section  shall  apply  to  fireworks  or dangerous fireworks and the use
 thereof by the army and  navy  departments  of  the  state  and  federal
 government;  nor  shall  anything  in this act contained be construed to
 prohibit any manufacturer, wholesaler, dealer or jobber from manufactur-
 ing, possessing or selling at  wholesale  such  fireworks  or  dangerous
 fireworks  to  municipalities,  religious  or  civic organizations, fair
 associations, amusement parks, or other organizations or groups of indi-
 viduals authorized to possess and use fireworks or  dangerous  fireworks
 under  this  act,  or  the sale or use of blank cartridges for a show or
 theatre, or for signal purposes in athletic sports, or for dog trials or
 dog training, or the use, or the storage, transportation or sale for use
 of fireworks or  dangerous  fireworks  in  the  preparation  for  or  in
 connection  with  television  broadcasts; nor shall anything in this act
 contained be construed to  prohibit  the  manufacture  of  fireworks  or
 dangerous  fireworks, nor the sale of any kind of fireworks or dangerous
 fireworks, provided the same are to  be  shipped  directly  out  of  the
 state.]  EXCEPTIONS.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
 TO:

 (I) FIREWORKS, DANGEROUS FIREWORKS, AND DEVICES DEFINED  IN  PARAGRAPH
 (C-1)  OF  SUBDIVISION  ONE OF THIS SECTION WHILE IN POSSESSION OF RAIL
 ROADS, COMMON OR CONTRACT CARRIERS,  RETAILERS,  WHOLESALERS,  DISTRIBU
 TORS,  JOBBERS  AND  TRANSPORTATION COMPANIES OR TRANSPORTATION AGENCIES
 FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP
 MENT OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION  REGU
 LATIONS  AS  FORMULATED  AND PUBLISHED FROM TIME TO TIME, UNLESS THEY BE
 HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL
 ERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION  AGENCIES  OR
 TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
 STATE;
 (II)  SIGNALING  DEVICES  USED BY RAILROAD COMPANIES OR MOTOR VEHICLES
 REFERRED  TO  IN  SUBDIVISION  SEVENTEEN  OF   SECTION   THREE   HUNDRED
 SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW;
 (III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
 (IV)  FIREWORKS,  DANGEROUS FIREWORKS AND DEVICES DEFINED IN PARAGRAPH
 (C-1) OF SUBDIVISION ONE OF THIS SECTION FOR  THE  USE  THEREOF  BY  THE
 UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN
 MENT;
 (V)  THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE
 WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF  THIS
 SECTION  AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION
 OF MOTION PICTURES, TELEVISION PROGRAMS,  COMMERCIALS,  AND  ALL  ENTER
 
       A. 4362--C                          7
 TAINMENT  MEDIA  RECORDED  IN  ANY CURRENT OR TO BE DESIGNED FORMAT WHEN
 SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY
 THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION.
 (B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:

 (I)  ANY  MANUFACTURER,  WHOLESALER,  RETAILER,  DEALER OR JOBBER FROM
 MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A  DEVICE  DEFINED  IN
 PARAGRAPH  (C-1)  OF  SUBDIVISION ONE OF THIS SECTION TO MUNICIPALITIES,
 RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR
 OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS
 AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE;
 (II) THE SALE OR USE OF BLANK CARTRIDGES FOR A MOTION  PICTURE,  TELE
 VISION  PROGRAM,  COMMERCIAL  AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL
 PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
 (III) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE  OF
 FIREWORKS  AND  DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF
 THIS SECTION IN  THE  PREPARATION  FOR  OR  IN  CONNECTION  WITH  MOTION
 PICTURES,  TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT MEDIA
 RECORDED IN ANY CURRENT OR TO BE DEIGNED FORMAT WHEN SUCH USE, TRANSPOR
 TATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL GOVERN
 MENTAL SUBDIVISION HAVING JURISDICTION; OR
 (IV) THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1)  OF
 SUBDIVISION ONE OF THIS SECTION PROVIDED THEY ARE TO BE SHIPPED DIRECTLY
 OUT  OF  SUCH  CITY  AND  ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
 

S 2. Subdivision 5 of section 405.00 of the penal law  is  amended  to
 read as follows:

 5. Local ordinances superseded. (A) All local ordinances regulating or
 prohibiting  the  display  of  fireworks  are  hereby  superseded by the
 provisions of this section. Every city, town or village shall  have  the
 power  to  enact  ordinances or local laws regulating or prohibiting the
 use, or the storage, transportation or sale for use of fireworks in  the
 preparation for or in connection with television broadcasts.
 (B)  FURTHER,  NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL
 ENACT A LOCAL LAW THAT IS INCONSISTENT WITH THE  PROVISIONS  OF  SECTION
 270.00  OF  THIS  CHAPTER  NOR  TO REGULATE DEVICES DEFINED IN PARAGRAPH
 (C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER  THAT  IS  IN
 CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION ONLY.
 

S 3. This act shall take effect immediately.

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