Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 26, 2020 |
referred to health |
Senate Bill S8135
2019-2020 Legislative Session
Sponsored By
(D, WF) 63rd Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
- 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
Actions
2019-S8135 (ACTIVE) - Details
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§1399-cc & 1399-ee, Pub Health L; amd §1607, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2021-2022:
S3872
2023-2024: S6509
2019-S8135 (ACTIVE) - Summary
Requires a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation; provides for the commissioner of taxation and finance to revoke the dealer's registration for a period not less than five years if they are found to have sold such tobacco product to a minor.
2019-S8135 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8135 SPONSOR: KENNEDY TITLE OF BILL: An act to amend the public health law and the tax law, in relation to requiring a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation PURPOSE: This legislation would require that any person operating a place of business where any type of tobacco product is sold who is found to have sold tobacco products to a minor will be required to immediately close their place of business pending the completion of an investigation. SUMMARY OF SPECIFIC PROVISIONS: Section one adds a new section to the public health law that would require any place of business that sells or offers the sale of herbal cigarettes, liquid nicotine, shisha or electronic cigarettes shall imme-
2019-S8135 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8135 I N S E N A T E March 26, 2020 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the tax law, in relation to requiring a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1399-cc of the public health law is amended by adding a new subdivision 8 to read as follows: 8. ANY PERSON OPERATING A PLACE OF BUSINESS WHEREIN TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, SHISHA OR ELECTRONIC CIGARETTES ARE SOLD OR OFFERED FOR SALE, WHO IS FOUND IN VIOLATION OF THIS SECTION SHALL IMMEDIATELY CLOSE SUCH PLACE OF BUSINESS PENDING THE COMPLETION OF THE ENFORCEMENT ACTION OR HEARING BY AN ENFORCEMENT OFFICER, PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE. § 2. Subdivisions 2, 3, 4, 5 and 6 of section 1399-ee of the public health law, subdivisions 2, 3, 4, and 5 as amended and subdivision 6 as added by chapter 162 of the laws of 2002, are amended to read as follows: 2. If the enforcement officer determines after a hearing that a violation of this article has occurred, he or she shall impose a civil penalty of a minimum of three hundred dollars, but not to exceed one thousand dollars for a first violation, and a minimum of five hundred dollars, but not to exceed one thousand five hundred dollars for each subsequent violation, unless a different penalty is otherwise provided in this article AND DIRECT THE COMMISSIONER OF TAXATION AND FINANCE TO SUSPEND THE DEALER'S REGISTRATION FOR A PERIOD NOT LESS THAN FIVE YEARS. [The enforcement officer shall advise the retail dealer that upon the accumulation of three or more points pursuant to this section the department of taxation and finance shall suspend the dealer's registra- tion.] If the enforcement officer determines after a hearing that a retail dealer was selling tobacco products while their registration was suspended or permanently revoked pursuant to [subdivision three or four EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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