Senate Bill S2170

2011-2012 Legislative Session

Relates to penalties for the illegal shipment of cigarettes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S2170 (ACTIVE) - Details

See Assembly Version of this Bill:
A1589
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2324, A1833
2013-2014: S5215, A365

2011-S2170 (ACTIVE) - Summary

Relates to penalties for the illegal shipment of cigarettes and the authority of state and local authorities to bring actions to recover civil fines for such violations.

2011-S2170 (ACTIVE) - Sponsor Memo

2011-S2170 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2170

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  the  shipment  of
  cigarettes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2 and 5 of section 1399-ll  of  the  public
health  law, as added by chapter 262 of the laws of 2000, are amended to
read as follows:
  1. It shall be unlawful for any person  engaged  in  the  business  of
selling  cigarettes to ship or cause to be shipped any cigarettes to any
person in this state who is not: (a) a person licensed  as  a  cigarette
tax  agent  or  wholesale  dealer under article twenty of the tax law or
registered retail dealer under section four hundred eighty-a of the  tax
law;  (b)  an  export warehouse proprietor pursuant to chapter 52 of the
internal revenue code or an  operator  of  a  customs  bonded  warehouse
pursuant  to section 1311 or 1555 of title 19 of the United States Code;
or (c) a person who [is] PRESENTS HIMSELF  OR  HERSELF  AS  an  officer,
employee  or  agent  of  the  United  States government, this state or a
department, agency, instrumentality  or  political  subdivision  of  the
United  States  or  this state, when such person is acting in accordance
with his or her official duties. For purposes  of  this  subdivision,  a
person  is  a  licensed or registered agent or dealer described in para-
graph (a) of this subdivision if his or her name appears on  a  list  of
licensed  or registered agents or dealers published by the department of
taxation and finance, or if such person is licensed or registered as  an
agent or dealer under article twenty of the tax law.
  2. It shall be unlawful for any common or contract carrier to knowing-
ly  transport cigarettes to any person in this state reasonably believed
by such carrier to be other than a person described  in  paragraph  (a),
(b)  or  (c)  of  subdivision  one  of this section. For purposes of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04477-01-1
              

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