Assembly Bill A9652

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9652
 
                           I N  A S S E M B L Y
 
                             January 31, 2020
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the public health law, in relation to the shipment of
   vapor products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Article 13-f of the public health law is amended by adding
 a new section 1399-aaa to read as follows:
   § 1399-AAA. UNLAWFUL SHIPMENT OR TRANSPORT OF VAPOR PRODUCTS.  1.  FOR
 PURPOSES  OF THIS SECTION "VAPOR PRODUCT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION ELEVEN HUNDRED EIGHTY OF THE TAX LAW.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON  ENGAGED  IN  THE  BUSINESS  OF
 SELLING VAPOR PRODUCTS TO SHIP OR CAUSE TO BE SHIPPED ANY VAPOR PRODUCTS
 TO ANY PERSON IN THIS STATE WHO IS NOT: (A) A PERSON LICENSED AS A VAPOR
 PRODUCTS  DEALER  AS SET FORTH IN ARTICLE TWENTY-EIGHT-C OF THE TAX LAW;
 (B) A CUSTOMS BONDED WAREHOUSE PURSUANT 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 STATE, THE UNITED STATES GOVERNMENT, OR A DEPARTMENT,
 AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF  THE  STATE  OR  THE
 UNITED  STATES  AND PRESENTS HIMSELF OR HERSELF AS SUCH WHEN SUCH PERSON
 IS ACTING IN ACCORDANCE WITH HIS OR HER OFFICIAL DUTIES.
   3. IT SHALL BE UNLAWFUL FOR ANY COMMON OR CONTRACT CARRIER TO KNOWING-
 LY TRANSPORT VAPOR PRODUCTS TO  ANY  PERSON  IN  THIS  STATE  REASONABLY
 BELIEVED  BY  SUCH  CARRIER TO BE OTHER THAN A PERSON DESCRIBED IN PARA-
 GRAPH (A), (B) OR (C) OF SUBDIVISION TWO OF THIS SECTION.  FOR  PURPOSES
 OF  THE  PRECEDING SENTENCE, IF VAPOR PRODUCTS ARE TRANSPORTED TO A HOME
 OR RESIDENCE, 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 TWO OF THIS SECTION. IT SHALL BE UNLAWFUL FOR  ANY
 OTHER PERSON TO KNOWINGLY TRANSPORT VAPOR PRODUCTS TO ANY PERSON IN THIS
 STATE,  OTHER THAN TO A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF
 SUBDIVISION TWO OF THIS SECTION. NOTHING IN THIS  SUBDIVISION  SHALL  BE
 CONSTRUED  TO  PROHIBIT A PERSON OTHER THAN A COMMON OR CONTRACT CARRIER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14866-01-0

 A. 9652                             2
 
 FROM TRANSPORTING NOT MORE THAN TWENTY-FOUR VAPOR PRODUCTS  AT  ANY  ONE
 TIME TO ANY PERSON IN THIS STATE.
   4.  WHEN  A  PERSON  ENGAGED IN THE BUSINESS OF SELLING VAPOR PRODUCTS
 SHIPS OR CAUSES TO BE SHIPPED ANY VAPOR PRODUCTS TO ANY PERSON  IN  THIS
 STATE, OTHER THAN IN THE VAPOR PRODUCT MANUFACTURER'S ORIGINAL CONTAINER
 OR  WRAPPING,  THE  CONTAINER  OR  WRAPPING  MUST BE PLAINLY AND VISIBLY
 MARKED WITH THE WORDS "VAPOR PRODUCTS".
   5. WHENEVER A POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE  CRIMI-
 NAL  PROCEDURE  LAW OR A PEACE OFFICER DESIGNATED IN SUBDIVISION FOUR OF
 SECTION 2.10 OF SUCH LAW, ACTING PURSUANT TO HIS OR HER SPECIAL  DUTIES,
 SHALL  DISCOVER  ANY  VAPOR  PRODUCTS WHICH HAVE BEEN OR WHICH ARE BEING
 SHIPPED OR TRANSPORTED IN VIOLATION OF  THIS  SECTION,  SUCH  PERSON  IS
 HEREBY  EMPOWERED  AND  AUTHORIZED  TO SEIZE AND TAKE POSSESSION OF SUCH
 VAPOR PRODUCTS, AND SUCH VAPOR PRODUCTS SHALL BE SUBJECT TO A FORFEITURE
 ACTION PURSUANT TO THE PROCEDURES PROVIDED FOR IN ARTICLE THIRTEEN-A  OF
 THE  CIVIL  PRACTICE  LAW  AND  RULES,  AS  IF SUCH ARTICLE SPECIFICALLY
 PROVIDED FOR FORFEITURE  OF  VAPOR  PRODUCTS  SEIZED  PURSUANT  TO  THIS
 SECTION AS A PRE-CONVICTION FORFEITURE CRIME.
   6.  ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR THREE
 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, ANY PERSON WHO VIOLATES THE PROVISIONS
 OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION SHALL BE SUBJECT TO  A
 CIVIL PENALTY NOT TO EXCEED THE GREATER OF (A) FIVE THOUSAND DOLLARS FOR
 EACH  SUCH  VIOLATION; OR (B) ONE HUNDRED DOLLARS FOR EACH VAPOR PRODUCT
 SHIPPED, CAUSED TO BE SHIPPED OR TRANSPORTED IN VIOLATION OF SUCH SUBDI-
 VISIONS.
   7. THE ATTORNEY GENERAL MAY BRING  AN  ACTION  TO  RECOVER  THE  CIVIL
 PENALTIES PROVIDED BY SUBDIVISION SIX 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  VAPOR  PRODUCTS  MAY
 BRING  AN  ACTION TO RECOVER THE CIVIL PENALTIES PROVIDED BY SUBDIVISION
 SIX OF THIS SECTION AND FOR SUCH OTHER RELIEF AS MAY BE DEEMED NECESSARY
 WITH RESPECT TO ANY VAPOR PRODUCTS SHIPPED,  CAUSED  TO  BE  SHIPPED  OR
 TRANSPORTED  IN  VIOLATION  OF THIS SECTION TO ANY PERSON LOCATED WITHIN
 SUCH POLITICAL SUBDIVISION. ALL CIVIL PENALTIES  OBTAINED  IN  ANY  SUCH
 ACTION  SHALL BE RETAINED BY THE STATE OR POLITICAL SUBDIVISION 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.
   § 2. This act shall take effect immediately.