Senate Bill S5820

2009-2010 Legislative Session

Changes tax provisions to allow little cigars to be taxed at the same rate as cigarettes

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Bill Amendments

co-Sponsors

2009-S5820 - Details

See Assembly Version of this Bill:
A8052
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§470, 471-b & 471-c, Tax L; amd §1, Chap 235 of 1952

2009-S5820 - Summary

Changes tax provisions to allow little cigars to be taxed at the same rate as cigarettes; authorizes a city with a population over one million to impose a tax on little cigars up to the rate those cities may impose on cigarettes; defines little cigars.

2009-S5820 - Sponsor Memo

2009-S5820 - Bill Text download pdf

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

                                  5820

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law and chapter 235 of the laws of 1952,  re-en-
  titled  by  chapter 369 of the laws of 1959 "An act to enable any city
  of the state having a population of one million or more to adopt,  and
  amend  local  laws, imposing certain specified types of taxes on ciga-
  rettes, cigars and smoking tobacco which the legislature has or  would
  have  power and authority to impose, to provide for the review of such
  taxes, and to limit the application of such local laws",  in  relation
  to little cigars

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 470 of the tax law, as amended  by
section  1 of part MM-1 of chapter 57 of the laws of 2008, is amended to
read as follows:
  1. "Cigarette." (a) Any roll for smoking made wholly  or  in  part  of
tobacco  or  of  any  other  substance  wrapped in paper or in any other
substance not containing tobacco, and (b)  any  roll  for  smoking  made
wholly or in part of tobacco wrapped in any substance containing tobacco
that, because of its appearance, the type of tobacco used in the filler,
or  its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in paragraph (a) of this subdivi-
sion. [However, a roll will not be considered  to  be  a  cigarette  for
purposes  of paragraph (b) of this subdivision if it is not treated as a
cigarette for federal excise tax purposes under the  applicable  federal
statute in effect on April first, two thousand eight.]
  S  2.  Subdivision  2  of  section  470  of the tax law, as amended by
section 1 of part MM-1 of chapter 57 of the laws of 2008, is amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11691-02-9

S. 5820                             2
              

co-Sponsors

2009-S5820A (ACTIVE) - Details

See Assembly Version of this Bill:
A8052
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §§470, 471-b & 471-c, Tax L; amd §1, Chap 235 of 1952

2009-S5820A (ACTIVE) - Summary

Changes tax provisions to allow little cigars to be taxed at the same rate as cigarettes; authorizes a city with a population over one million to impose a tax on little cigars up to the rate those cities may impose on cigarettes; defines little cigars.

2009-S5820A (ACTIVE) - Sponsor Memo

2009-S5820A (ACTIVE) - Bill Text download pdf

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

                                 5820--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by  Sens.  KRUEGER,  OPPENHEIMER  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  recommitted to the Committee on Investigations  and  Government  Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the tax law and chapter 235 of the laws of 1952,  re-en-
  titled  by  chapter 369 of the laws of 1959 "An act to enable any city
  of the state having a population of one million or more to adopt,  and
  amend  local  laws, imposing certain specified types of taxes on ciga-
  rettes, cigars and smoking tobacco which the legislature has or  would
  have  power and authority to impose, to provide for the review of such
  taxes, and to limit the application of such local laws",  in  relation
  to little cigars

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 470 of the tax law, as amended  by
section  1 of part MM-1 of chapter 57 of the laws of 2008, is amended to
read as follows:
  1. "Cigarette." (a) Any roll for smoking made wholly  or  in  part  of
tobacco  or  of  any  other  substance  wrapped in paper or in any other
substance not containing tobacco, and (b)  any  roll  for  smoking  made
wholly or in part of tobacco wrapped in any substance containing tobacco
that, because of its appearance, the type of tobacco used in the filler,
or  its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in paragraph (a) of this subdivi-
sion. [However, a roll will not be considered  to  be  a  cigarette  for
purposes  of paragraph (b) of this subdivision if it is not treated as a
cigarette for federal excise tax purposes under the  applicable  federal
statute in effect on April first, two thousand eight.]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11691-13-0

              

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