NY State Assembly Bill 2013-A365B

Archive: Last Bill Status - Signed by Governor

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
Sep 27, 2013	signed chap.342
Sep 16, 2013	delivered to governor
Jun 21, 2013	returned to assembly passed senate 3rd reading cal.1653 substituted for s5215a
Jun 13, 2013	recommitted to health returned to senate repassed assembly
Jun 10, 2013	amended on third reading 365b
Jun 05, 2013	amended on third reading 365a
Jun 05, 2013	vote reconsidered - restored to third reading returned to assembly recalled from senate
Apr 29, 2013	referred to codes delivered to senate passed assembly
Apr 25, 2013	advanced to third reading cal.181
Apr 23, 2013	reported
Apr 16, 2013	reported referred to codes
Jan 09, 2013	referred to health

Votes

- Jun 21, 2013 - Floor Vote
  A365B
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ball

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2013-A365 - Details

See Senate Version of this Bill:: S5215
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365 - 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.

2013-A365 - Bill Text download pdf

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

                                   365

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON -- Multi-Sponsored by --  M.  of  A.  ABINANTI,
  BOYLAND,  CLARK,  CURRAN, CYMBROWITZ, GLICK, JAFFEE, McDONOUGH, McKEV-
  ITT, SWEENEY, WEISENBERG -- read once and referred 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.

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

                                                           LBD01177-01-3

A. 365                              2

  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-
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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A365A - Details

See Senate Version of this Bill:: S5215
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365A - 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.

2013-A365A - Bill Text download pdf

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

                                 365--A
                                                        Cal. No. 181

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON, WEPRIN --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  BOYLAND,  CLARK,  CURRAN,  CYMBROWITZ, GLICK, JAFFEE, McDO-
  NOUGH, McKEVITT, SWEENEY, WEISENBERG -- read once and referred to  the
  Committee on Health -- reported and referred to the Committee on Codes
  --  passed  by Assembly and delivered to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the order of third reading

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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01177-10-3

A. 365--A                           2

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.
  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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A365B (ACTIVE) - Details

See Senate Version of this Bill:: S5215
Law Section:: Public Health Law
Laws Affected:: Amd §1399-ll, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1833, S2324
2011-2012: A1589, S2170

2013-A365B (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.

2013-A365B (ACTIVE) - Bill Text download pdf

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

                                 365--B
                                                        Cal. No. 181

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  MAGEE, GOTTFRIED, GALEF, MILLMAN,
  PAULIN, MAISEL, COLTON, WEPRIN --  Multi-Sponsored  by  --  M.  of  A.
  ABINANTI,  BOYLAND,  CLARK,  CURRAN,  CYMBROWITZ, GLICK, JAFFEE, McDO-
  NOUGH, McKEVITT, SWEENEY, WEISENBERG -- read once and referred to  the
  Committee on Health -- reported and referred to the Committee on Codes
  --  passed  by Assembly and delivered to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its  place  on  the  order  of third reading -- again amended on third
  reading, ordered reprinted, retaining its place on the order of  third
  reading

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  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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01177-12-3

A. 365--B                           2

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.
  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
PENALTIES 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 SUBDIVI-
SION 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 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.
  S 3. This act shall take effect immediately.

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Assembly Bill A365B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 21, 2013 - Floor Vote

Floor Vote: Jun 21, 2013

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A365 - Details

2013-A365 - Summary

2013-A365 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A365A - Details

2013-A365A - Summary

2013-A365A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A365B (ACTIVE) - Details

2013-A365B (ACTIVE) - Summary

2013-A365B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A365B

Share this bill

Sponsored By

DINOWITZ

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

William Magee

Richard Gottfried

Sandy Galef

Joan Millman

multi-Sponsors

Thomas Abinanti

William Boyland

Barbara Clark

Brian F. Curran

2013-A365 - Details

2013-A365 - Summary

2013-A365 - Bill Text download pdf

co-Sponsors

William Magee

Richard Gottfried

Sandy Galef

Joan Millman

multi-Sponsors

Thomas Abinanti

William Boyland

Barbara Clark

Brian F. Curran

2013-A365A - Details

2013-A365A - Summary

2013-A365A - Bill Text download pdf

co-Sponsors

William Magee

Richard Gottfried

Sandy Galef

Joan Millman

multi-Sponsors

Thomas Abinanti

William Boyland

Barbara Clark

Brian F. Curran

2013-A365B (ACTIVE) - Details

2013-A365B (ACTIVE) - Summary

2013-A365B (ACTIVE) - Bill Text download pdf

Comments