Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2010 |
referred to rules |
Senate Bill S8184
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2009-S8184 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11503
- Current Committee:
- Senate Rules
- Law Section:
- Public Health Law
- Laws Affected:
- Amd ยง1399-ll, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1901
2013-2014: A429
2009-S8184 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8184 TITLE OF BILL: An act to amend the public health law, in relation to the shipment of cigarettes SUMMARY OF PROVISIONS: Section one of the bill amends subdivision 1 of Public Health Law 1399-11, which currently allows shipping of cigarettes to government employees acting in accordance with their official duties. The added text provides that it is permissible to ship cigarettes to a government employee only when such an individual "presents himself or herself as" an employee acting in accordance with official duties. Section two amends subdivision 2 of Section 1399-11 to provide that a registered cigarette retailer, in addition to a common or contract carrier, may deliver up to 800 cigarettes to any person. Section three amends subdivision 5 of Section 1399-11 to provide that civil penalties for violations of the law may also be administered on the basis of either the greater of $5,000 per violation or $100 per pack. Section four adds a new subdivision 6 to Section 1399-11 to provide that the Attorney General may bring an action to recover penalties
2009-S8184 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8184 I N S E N A T E June 15, 2010 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. Subdivision 1 of section 1399-ll of the public health law, as added by chapter 262 of the laws of 2000, is 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. S 2. Subdivision 2 of section 1399-ll of the public health law, as added by chapter 262 of the laws of 2000, is amended to read as follows: 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 preceding sentence, if cigarettes are transported to a home or resi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.