Assembly Bill A365B

Signed By Governor
2013-2014 Legislative Session

Relates to penalties for the illegal shipment of cigarettes

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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

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Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A365 - Details

See Senate Version of this Bill:
S5215
Law Section:
Public Health Law
Laws Affected:
Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365 - 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.

2013-A365 - Bill Text download pdf 

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

                                   365

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON -- Multi-Sponsored by --  M.  of  A.  ABINANTI,
  BOYLAND,  CLARK,  CURRAN, CYMBROWITZ, GLICK, JAFFEE, McDONOUGH, McKEV-
  ITT, 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.

co-Sponsors

multi-Sponsors

2013-A365A - Details

See Senate Version of this Bill:
S5215
Law Section:
Public Health Law
Laws Affected:
Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365A - 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.

2013-A365A - Bill Text download pdf 

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

                                 365--A
                                                        Cal. No. 181

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON, WEPRIN --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  BOYLAND,  CLARK,  CURRAN,  CYMBROWITZ, GLICK, JAFFEE, McDO-
  NOUGH, McKEVITT, SWEENEY, WEISENBERG -- read once and referred to  the
  Committee on Health -- reported and referred to the Committee on Codes
  --  passed  by Assembly and delivered to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the order of third reading

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] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2013-A365B (ACTIVE) - Details

See Senate Version of this Bill:
S5215
Law Section:
Public Health Law
Laws Affected:
Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365B (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.

2013-A365B (ACTIVE) - Bill Text download pdf 

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

                                 365--B
                                                        Cal. No. 181

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON, WEPRIN --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  BOYLAND,  CLARK,  CURRAN,  CYMBROWITZ, GLICK, JAFFEE, McDO-
  NOUGH, McKEVITT, SWEENEY, WEISENBERG -- read once and referred to  the
  Committee on Health -- reported and referred to the Committee on Codes
  --  passed  by Assembly and delivered to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its  place  on  the  order  of third reading -- again amended on third
  reading, ordered reprinted, retaining its place on the order of  third
  reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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