BILL NUMBER: S5624

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the public health law, in relation to defining enforce-
ment officers in a city with a population of one million or more for the
purposes of regulating tobacco products, herbal cigarettes and smoking
paraphernalia

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would streamline the processes of the New York City Office of
Administrative Trials and Hearings and the New York City Department of
Consumer and Worker Protection for adjudicating violations alleged to be
committed by tobacco retail dealers.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 1 of section 1399-aa of the
public health law to include the office of administrative trials and
hearings in the definition of enforcement officers, for purposes of
              

enforcing article 13-F of the public health law, regarding regulation of
tobacco products, herbal cigarettes, and smoking paraphernalia.

Section two sets forth the effective date.

 
JUSTIFICATION:

Currently, the New York City Department of Consumer and Worker
Protection (DCWP) brings any alleged violations of a variety of laws and
regulations to the Office of Administrative Trials and Hearings (OATH),
which is meant to act as a neutral adjudicator. This includes alleged
violations of regulations regarding tobacco products, herbal cigarettes,
and smoking paraphernalia. However, with respect to violations alleged
against tobacco retail dealers, OATH is not the final adjudicator. DCWP
is also granted this authority, which results in a confusing system
wherein OATH can issue one decision and DCWP can issue a different one.
This is a resource drain for DWCP and an inefficient process for notify-
ing businesses of results.

This bill would streamline the process so that final decisions are
rendered by OATH, thereby allowing businesses to receive one decision
and simplifying the manner in which penalties are resolved.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This bill will have no fiscal impact for the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.