Bill Text: NY S05215 | 2013-2014 | General Assembly | Amended

New York Senate Bill 5215 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A365B [S05215 Detail]

Download: New_York-2013-S05215-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5215--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2013
                                      ___________
       Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
         printed  to  be  committed  to  the  Committee  on Health -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
    1    Section 1. Subdivisions 1 and 5  of  section  1399-ll  of  the  public
    2  health  law, as added by chapter 262 of the laws of 2000, are amended to
    3  read as follows:
    4    1. It shall be unlawful for any person  engaged  in  the  business  of
    5  selling  cigarettes to ship or cause to be shipped any cigarettes to any
    6  person in this state who is not: (a) a person licensed  as  a  cigarette
    7  tax  agent  or  wholesale  dealer under article twenty of the tax law or
    8  registered retail dealer under section four hundred eighty-a of the  tax
    9  law;  (b)  an  export warehouse proprietor pursuant to chapter 52 of the
   10  internal revenue code or an  operator  of  a  customs  bonded  warehouse
   11  pursuant  to section 1311 or 1555 of title 19 of the United States Code;
   12  or (c) a person who is an officer,  employee  or  agent  of  the  United
   13  States  government,  this state or a department, agency, instrumentality
   14  or political subdivision of the United States or this state AND PRESENTS
   15  HIMSELF OR HERSELF AS SUCH, when such person  is  acting  in  accordance
   16  with  his  or  her  official duties. For purposes of this subdivision, a
   17  person is a licensed or registered agent or dealer  described  in  para-
   18  graph  (a)  of  this subdivision if his or her name appears on a list of
   19  licensed or registered agents or dealers published by the department  of
   20  taxation  and finance, or if such person is licensed or registered as an
   21  agent or dealer under article twenty of the tax law.
   22    5. Any person who violates the provisions of subdivision one or two of
   23  this section shall be guilty of a class A misdemeanor and for  a  second
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01177-11-3
       S. 5215--A                          2
    1  or subsequent violation shall be guilty of a class E felony. In addition
    2  to  the criminal penalty, [the commissioner may impose a civil fine] ANY
    3  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE, TWO OR  THREE  OF
    4  THIS  SECTION  SHALL  BE  SUBJECT  TO  A CIVIL PENALTY not to exceed THE
    5  GREATER OF (A) five thousand dollars for each  such  violation  [on  any
    6  person  who violates subdivision one or two of this section. The commis-
    7  sioner may impose a civil fine not to exceed five thousand  dollars  for
    8  each  violation  of  subdivision  three  of  this  section on any person
    9  engaged in the business of selling cigarettes who ships or causes to  be
   10  shipped  any  such  cigarettes  to any person in this state]; OR (B) ONE
   11  HUNDRED DOLLARS FOR EACH  PACK  OF  CIGARETTES  SHIPPED,  CAUSED  TO  BE
   12  SHIPPED OR TRANSPORTED IN VIOLATION OF SUCH SUBDIVISION.
   13    S 2. Section 1399-ll of the public health law, as added by chapter 262
   14  of the laws of 2000, is amended by adding a new subdivision 6 to read as
   15  follows:
   16    6.  THE  ATTORNEY  GENERAL  MAY  BRING  AN ACTION TO RECOVER THE CIVIL
   17  PENALTIES PROVIDED BY SUBDIVISION FIVE OF  THIS  SECTION  AND  FOR  SUCH
   18  OTHER  RELIEF  AS  MAY BE DEEMED NECESSARY. IN ADDITION, THE CORPORATION
   19  COUNSEL OF ANY POLITICAL SUBDIVISION THAT IMPOSES A  TAX  ON  CIGARETTES
   20  MAY  BRING AN ACTION TO RECOVER THE CIVIL PENALTIES PROVIDED BY SUBDIVI-
   21  SION FIVE OF THIS SECTION AND FOR SUCH OTHER RELIEF  AS  MAY  BE  DEEMED
   22  NECESSARY  WITH  RESPECT TO ANY CIGARETTES SHIPPED, CAUSED TO BE SHIPPED
   23  OR TRANSPORTED IN VIOLATION OF THIS SECTION TO ANY PERSON LOCATED WITHIN
   24  SUCH POLITICAL SUBDIVISION. ALL CIVIL PENALTIES  OBTAINED  IN  ANY  SUCH
   25  ACTION  SHALL BE RETAINED BY THE STATE OR POLITICAL SUBDIVISION BRINGING
   26  SUCH ACTION, PROVIDED THAT NO PERSON SHALL  BE  REQUIRED  TO  PAY  CIVIL
   27  PENALTIES  TO BOTH THE STATE AND A POLITICAL SUBDIVISION WITH RESPECT TO
   28  THE SAME VIOLATION OF THIS SECTION.
   29    S 3. This act shall take effect immediately.