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History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to penalties for the illegal shipment of cigarettes
In Senate Committee · Health · Sponsor Jeffrey Dinowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.