senate Bill S5215A

Signed By Governor
2013-2014 Legislative Session

Relates to penalties for the illegal shipment of cigarettes

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Sponsored By

Archive: Last Bill Status Via A365 - Signed by Governor


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

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Actions

view actions (13)
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
amend and recommit to health
May 14, 2013 referred to health

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5215 - Details

See Assembly Version of this Bill:
A365B
Law Section:
Public Health Law
Laws Affected:
Amd §1399-ll, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2170, A1589
2009-2010: S2324, A1833

S5215 - 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.

S5215 - Sponsor Memo

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

S5215A (ACTIVE) - Details

See Assembly Version of this Bill:
A365B
Law Section:
Public Health Law
Laws Affected:
Amd §1399-ll, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2170, A1589
2009-2010: S2324, A1833

S5215A (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.

S5215A (ACTIVE) - Sponsor Memo

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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