|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Sep 27, 2013 |
signed chap.342 |
| Sep 16, 2013 |
delivered to governor |
| Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.1653 substituted for s5215a |
| Jun 21, 2013 |
substituted by a365b ordered to third reading cal.1653 committee discharged and committed to rules |
| Jun 10, 2013 |
reported and committed to finance |
| Jun 06, 2013 |
print number 5215a |
| Jun 06, 2013 |
amend and recommit to health |
| May 14, 2013 |
referred to health |
Senate Bill S5215A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status Via A365 - Signed by Governor
- 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
Votes
Bill Amendments
2013-S5215 - Details
2013-S5215 - Sponsor Memo
BILL NUMBER:S5215
TITLE OF BILL: An act to amend the public health law, in relation to
the shipment of cigarettes
PURPOSE: To strengthen enforcement of the law prohibiting the shipment
of cigarettes except under certain circumstances.
SUMMARY OF PROVISIONS:
Section 1 makes minor language changes to § 1399-11 of the public
health law which currently allows cigarettes to be shipped to
government employees acting in accordance with their official duties.
The language added provides that cigarettes shipped to a government
employee are permissible only when the government employee "presents
him or herself" as an employee acting in accordance with their
official duties. Subdivision 5 of § 1399-11 is amended to increase the
civil penalties to up to $100 for each pack of cigarettes shipped in
violation of the law or up to $5000, whichever is greater.
Section 2 adds a new subdivision to provide that the Attorney General
may bring an action to recover fines and to provide that the
Corporation Counsel may bring an action to recover civil fines for
violations within their jurisdiction. Any civil fines obtained by
these actions will be retained by the state or municipality bringing
such action and no person shall be required to pay civil penalties to
2013-S5215 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5215
2013-2014 Regular Sessions
I N S E N A T E
May 14, 2013
___________
Introduced by Sen. FUSCHILLO -- 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.
LBD01177-01-3
co-Sponsors
(R, C, IP) Senate District
2013-S5215A (ACTIVE) - Details
2013-S5215A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5215A
TITLE OF BILL: An act to amend the public health law, in relation to
the shipment of cigarettes
PURPOSE OR GENERAL IDEA OF BILL: To strengthen enforcement of the law
prohibiting the shipment of cigarettes except under certain
circumstances.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends subdivision 1 of Public Health Law
1399-11, which currently allows shipping of cigarettes to government
employees acting in accordance with their official duties. The added
text provides that it is permissible to ship cigarettes to a
government employee only when such an individual "presents himself or
herself as" an employee acting in accordance with official duties;
amends subdivision 5 of section 1399-11 to provide an alternative to
the existing civil penalty of $5000 per violation. The alternative
civil penalty would be $100 per pack.
Section two adds a new subdivision 6 to section 1399-11 to provide
that the Attorney General may bring an action to recover civil
penalties and to provide that the Corporation Counsel of any political
subdivision that imposes a tax on cigarettes may bring an action to
recover civil penalties for violations within his or her jurisdiction.
2013-S5215A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5215--A
2013-2014 Regular Sessions
I N S E N A T E
May 14, 2013
___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 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 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 AND PRESENTS
HIMSELF OR HERSELF AS SUCH, 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.
5. Any person who violates the provisions of subdivision one or two of
this section shall be guilty of a class A misdemeanor and for a second
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01177-11-3
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