S T A T E O F N E W Y O R K
________________________________________________________________________
1589
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. DINOWITZ, MAGEE, GOTTFRIED, GALEF, MILLMAN,
PAULIN, MAISEL, REILLY, PHEFFER -- Multi-Sponsored by -- M. of A.
BOYLAND, CALHOUN, CLARK, CYMBROWITZ, GLICK, JAFFEE, McDONOUGH, McENE-
NY, McKEVITT, P. RIVERA, SPANO, SWEENEY, WEISENBERG -- read once and
referred 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04477-01-1
A. 1589 2
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
preceding sentence, if cigarettes are transported to a home or resi-
dence, it shall be presumed that the common or contract carrier knew
that such person was not a person described in paragraph (a), (b) or (c)
of subdivision one of this section. It shall be unlawful for any other
person to knowingly transport cigarettes to any person in this state,
other than to a person described in paragraph (a), (b) or (c) of subdi-
vision one of this section. Nothing in this subdivision shall be
construed to prohibit a person other than a common or contract carrier
OR A PERSON ENGAGED IN THE BUSINESS OF SELLING CIGARETTES from trans-
porting not more than eight hundred cigarettes at any one time to any
person in this state.
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
or subsequent violation shall be guilty of a class E felony. In addition
to the criminal penalty, [the commissioner may impose a civil fine] ANY
PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE, TWO OR THREE OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY not to exceed THE
GREATER OF (A) five thousand dollars for each such violation [on any
person who violates subdivision one or two of this section. The commis-
sioner may impose a civil fine not to exceed five thousand dollars for
each violation of subdivision three of this section on any person
engaged in the business of selling cigarettes who ships or causes to be
shipped any such cigarettes to any person in this state]; OR (B) ONE
HUNDRED DOLLARS FOR EACH PACK OF CIGARETTES SHIPPED, CAUSED TO BE
SHIPPED OR TRANSPORTED IN VIOLATION OF SUCH SUBDIVISION.
S 2. Section 1399-ll of the public health law, as added by chapter 262
of the laws of 2000, is amended by adding a new subdivision 6 to read as
follows:
6. THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER THE CIVIL FINES
PROVIDED BY SUBDIVISION FIVE OF THIS SECTION AND FOR SUCH OTHER RELIEF
AS MAY BE DEEMED NECESSARY. IN ADDITION, THE CORPORATION COUNSEL OF ANY
POLITICAL SUBDIVISION THAT IMPOSES A TAX ON CIGARETTES MAY BRING AN
ACTION TO RECOVER THE CIVIL PENALTIES PROVIDED BY SUBDIVISION FIVE OF
THIS SECTION AND FOR SUCH OTHER RELIEF AS MAY BE DEEMED NECESSARY WITH
RESPECT TO ANY CIGARETTES SHIPPED, CAUSED TO BE SHIPPED OR TRANSPORTED
IN VIOLATION OF THIS SECTION TO ANY PERSON LOCATED WITHIN SUCH POLITICAL
SUBDIVISION. ALL CIVIL FINES OBTAINED IN ANY SUCH ACTION SHALL BE
RETAINED BY THE STATE OR MUNICIPALITY BRINGING SUCH ACTION, PROVIDED
THAT NO PERSON SHALL BE REQUIRED TO PAY CIVIL PENALTIES TO BOTH THE
STATE AND A POLITICAL SUBDIVISION WITH RESPECT TO THE SAME VIOLATION OF
THIS SECTION.
S 3. This act shall take effect immediately.