NY State Senate Bill 2011-S2170

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jun 24, 2011	committed to rules
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1100
Jan 18, 2011	referred to health

Votes

- Jun 7, 2011 - Health Committee Vote
  S2170
  
  15
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jun 7, 2011
      
      aye (15)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Kruger
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Adams
      
      Duane

co-Sponsors

2011-S2170 (ACTIVE) - Details

See Assembly Version of this Bill:: A1589
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2324, A1833
2013-2014: S5215, A365

2011-S2170 (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.

2011-S2170 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2170

TITLE OF BILL:

An act
to amend the public health law, in relation to the shipment of
cigarettes

SUMMARY OF PROVISIONS:

This bill would amend the Public Health Law provisions related to the
shipment of cigarettes by allowing local enforcement and injunctive
relief, and by providing clarifying language so that government
employees may conduct sting operations.

JUSTIFICATION:

The State's landmark cigarette shipment statute, which effectively
prohibits the retail sale of cigarettes through the mail or common
carriers, has withstood multiple attacks in courts. The statute
services both public health purposes of keeping cigarettes away from
minors and revenue integrity purposes by ensuring that taxes on
cigarettes are paid.

These amendments strengthen the statue in several ways. First, the
current wording of subdivision 1 provides an unintended defense to

government "sting" operations, as it provides that compliance with
the statute is not necessary when a government employee makes a
purchase otherwise prohibited by the statute, in the course of their
duties. Therefore, if a State or City worker were to conduct a sting
operation by purchasing cigarettes in violation of the statute, a
seller could have a defense that the law was not broken as the
official was purchasing the cigarettes in the course of their duties,
and that therefore compliance with the law was not needed. The bill
adds language in section 1 to correct this potential problem.

Further, Section 1 clarifies the civil penalty to be up to $5,000 per
violation or $100/pack of cigarettes shipped.

The amendments in Section two of the bill provide for more effective
enforcement, both through the injunctive relief provisions, and by
allowing local governments to enforce the statute and collect civil
penalties. Through these changes, maximum enforcement of the statute
will be ensured and repeated violators will be subject to injunctive
relief, rather than fines, which can often be carried as part of the
cost of doing business.

LEGISLATIVE HISTORY:

S.2001/A.7326 of 2007-08 (Passed Assembly); S.5638-B of 2005-06
S.2324/A.1833 of 2009-10 (Passed Assembly)

FISCAL IMPLICATIONS:

To be determined.


EFFECTIVE DATE:

Immediately.

2011-S2170 (ACTIVE) - Bill Text download pdf

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

                                  2170

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04477-01-1

S. 2170                             2

preceding sentence, if cigarettes are transported to  a  home  or  resi-
dence,  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  one of this section. It shall be unlawful for any other
person to knowingly transport cigarettes to any person  in  this  state,
other  than to a person described in paragraph (a), (b) or (c) of subdi-
vision one of  this  section.  Nothing  in  this  subdivision  shall  be
construed  to  prohibit a person other than a common or contract carrier
OR A PERSON ENGAGED IN THE BUSINESS OF SELLING  CIGARETTES  from  trans-
porting  not  more  than eight hundred cigarettes at any one time to any
person in this state.
  5. Any person who violates the provisions of subdivision one or two 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, [the commissioner may impose a civil fine] ANY
PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE, TWO OR  THREE  OF
THIS  SECTION  SHALL  BE  SUBJECT  TO  A CIVIL PENALTY not to exceed THE
GREATER OF (A) five thousand dollars for each  such  violation  [on  any
person  who violates subdivision one or two of this section. The commis-
sioner may impose a civil fine not to exceed five thousand  dollars  for
each  violation  of  subdivision  three  of  this  section on any person
engaged in the business of selling cigarettes who ships or causes to  be
shipped  any  such  cigarettes  to any person in this state]; OR (B) ONE
HUNDRED DOLLARS FOR EACH  PACK  OF  CIGARETTES  SHIPPED,  CAUSED  TO  BE
SHIPPED OR TRANSPORTED IN VIOLATION OF SUCH SUBDIVISION.
  S 2. Section 1399-ll of the public health law, as added by chapter 262
of the laws of 2000, is amended by adding a new subdivision 6 to read as
follows:
  6. THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER THE CIVIL FINES
PROVIDED  BY  SUBDIVISION FIVE 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 CIGARETTES MAY BRING AN
ACTION TO RECOVER THE CIVIL PENALTIES PROVIDED BY  SUBDIVISION  FIVE  OF
THIS  SECTION  AND FOR SUCH OTHER RELIEF AS MAY BE DEEMED NECESSARY WITH
RESPECT TO ANY CIGARETTES SHIPPED, CAUSED TO BE SHIPPED  OR  TRANSPORTED
IN VIOLATION OF THIS SECTION TO ANY PERSON LOCATED WITHIN SUCH POLITICAL
SUBDIVISION.  ALL  CIVIL  FINES  OBTAINED  IN  ANY  SUCH ACTION SHALL BE
RETAINED BY THE STATE OR MUNICIPALITY  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.
  S 3. This act shall take effect immediately.

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Senate Bill S2170

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Jun 7, 2011 - Health Committee Vote

Health Committee Vote: Jun 7, 2011

co-Sponsors

2011-S2170 (ACTIVE) - Details

2011-S2170 (ACTIVE) - Summary

2011-S2170 (ACTIVE) - Sponsor Memo

2011-S2170 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2170

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

William Larkin

2011-S2170 (ACTIVE) - Details

2011-S2170 (ACTIVE) - Summary

2011-S2170 (ACTIVE) - Sponsor Memo

2011-S2170 (ACTIVE) - Bill Text download pdf

Comments