Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 10, 2012 |
referred to consumer protection |
Senate Bill S7411
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Actions
2011-S7411 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8402
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §391-s, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A6875
2013-2014: S933, A1011
2011-S7411 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7411 TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the retail sale and distribution of novelty lighters PURPOSE OR GENERAL IDEA OF BILL: To prohibit the retail sale and distribution of novelty lighters. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Prohibits the sale of novelty lighters and defines what classifies as a novelty lighter. Section 2: Transportation and distribution of novelty lighters. Section 3: Sets up a toll free telephone hotline number for receiving information about possible violations. Section 4: Gives officers authorization to seize novelty lighters. Section 5: Details civil penalties which violators will be subject to. Section 6: States that this will not apply to manufacturers, imports, distributors, or wholesale seller who can demonstrate that the
2011-S7411 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7411 I N S E N A T E May 10, 2012 ___________ Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting the retail sale and distribution of novelty lighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-s to read as follows: S 391-S. SALE AND DISTRIBUTION OF NOVELTY LIGHTERS PROHIBITED. 1. DEFINITIONS: (A) "AUDIO EFFECTS" MEANS MUSIC, ANIMAL SOUNDS, WHISTLES, BUZZERS, BEEPERS OR OTHER NOISES NOT TYPICALLY CAUSED BY OR PERTINENT TO THE FLAME-PRODUCING FUNCTION OF THE LIGHTER. (B) "DISTRIBUTE" MEANS TO: (I) DELIVER TO A PERSON OTHER THAN THE PURCHASER, FOR RETAIL SALE; OR (II) PROVIDE AS PART OF A COMMERCIAL PROMOTION OR AS A PRIZE OR PREMI- UM. (C) "IMPORTER" MEANS A PERSON WHO CAUSES A LIGHTER TO ENTER THIS STATE FROM A MANUFACTURING, WHOLESALE, DISTRIBUTION OR RETAIL SALES POINT OUTSIDE THIS STATE, FOR THE PURPOSE OF SELLING OR DISTRIBUTING THE LIGHTER WITHIN THIS STATE OR WITH THE RESULT THAT THE LIGHTER IS SOLD OR DISTRIBUTED WITHIN THIS STATE. (D) "LIGHTER" MEANS A MECHANICAL OR ELECTRICAL DEVICE OF A TYPE TYPI- CALLY USED FOR IGNITING TOBACCO PRODUCTS BY USE OF A FLAME. (E) "NOVELTY LIGHTER" MEANS A MECHANICAL OR ELECTRICAL DEVICE TYPICAL- LY USED FOR THE PURPOSE OF PRODUCING A FLAME TO LIGHT CIGARETTES, CIGARS OR PIPES AND WHICH, DUE TO THE PHYSICAL OR AUDIO FEATURES OF THE DEVICE, EXCLUDING ITS CAPABILITY OF PRODUCING A FLAME, WOULD REASONABLY BE EXPECTED TO CAUSE THE LIGHTER TO BE APPEALING OR ATTRACTIVE TO A CHILD UNDER THE AGE OF TEN INCLUDING, BUT NOT LIMITED TO, LIGHTERS THAT RESEM- BLE A CARTOON CHARACTER, TOY, GUN, WATCH, MUSICAL INSTRUMENT, VEHICLE, ANIMAL, BEVERAGE, SPORTING EQUIPMENT OR THAT IS CAPABLE OF CREATING AUDIO EFFECTS OR DISPLAYING FLASHING LIGHTS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06212-05-2
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