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Assembly Bill A11617

2009-2010 Legislative Session

Increases the penalty for certain violations of the cigarette and tobacco products tax

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Archive: Last Bill Status - In Assembly Committee

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2009-A11617 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd ยง1814, Tax L

2009-A11617 (ACTIVE) - Summary

Increases the penalty for certain violations of the cigarette and tobacco products tax, and decreases the quantity of cigarettes required for such violations.

2009-A11617 (ACTIVE) - Bill Text download pdf 

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

                                  11617

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Benjamin) --
  read once and referred to the Committee on Ways and Means

AN  ACT  to amend the tax law, in relation to increasing the penalty for
  certain violations of the cigarette and tobacco products tax

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

  Section  1. Subdivision (c) of section 1814 of the tax law, as amended
by section 28 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  (c)  (1) Any person, other than an agent licensed by the commissioner,
who willfully possesses or transports for the purpose of sale [ten]  ONE
thousand  or  more cigarettes subject to the tax imposed by section four
hundred seventy-one of this  chapter  in  any  unstamped  or  unlawfully
stamped  packages or who willfully sells or offers for sale ten thousand
or more cigarettes in any unstamped or unlawfully  stamped  packages  in
violation  of  article twenty of this chapter shall be guilty of a class
[E] D felony.
  (2) Any person, other than an agent licensed by the commissioner,  who
willfully  possesses or transports for the purpose of sale [thirty] FIVE
thousand or more cigarettes subject to the tax imposed by  section  four
hundred  seventy-one  of  this  chapter  in  any unstamped or unlawfully
stamped packages or who willfully sells or offers for sale thirty  thou-
sand  or more cigarettes in any unstamped or unlawfully stamped packages
in violation of article twenty of this chapter  shall  be  guilty  of  a
class [D] C felony.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17801-01-0

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