Relates to the shipment of cigarettes

BILL NUMBER:S8184

Title of bill

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

Summary of provisions

Section one of the bill amends subdivision 1 of Public Health Law 1399-11, which currently allows shipping of cigarettes to government employees acting in accordance with their official duties. The added text provides that it is permissible to ship cigarettes to a government employee only when such an individual "presents himself or herself as" an employee acting in accordance with official duties.

Section two amends subdivision 2 of Section 1399-11 to provide that a registered cigarette retailer, in addition to a common or contract carrier, may deliver up to 800 cigarettes to any person.

Section three amends subdivision 5 of Section 1399-11 to provide that civil penalties for violations of the law may also be administered on the basis of either the greater of $5,000 per violation or $100 per pack.

Section four adds a new subdivision 6 to Section 1399-11 to provide that the Attorney General may bring an action to recover penalties and to provide that the Corporation Counsel of any political subdivision that imposes a tax on cigarettes may bring an action to recover civil penalties for violations within his or her jurisdiction. Any civil penalties obtained by these actions will be retained by the state or political subdivision bringing such action and no person shall be required to pay civil penalties to both the state and a political subdivision for the same violation.

Reasons for support

The state's cigarette shipment law, which prohibits the transport and delivery of cigarettes by sellers and common carriers to consumers, is an effective tool to ensure that minors do not have access to purchase cigarettes. Prior to the implementation of this law, studies found that youth had no trouble purchasing cigarettes without proof of age via the Internet. Between 2000 and 2004, the rate of smoking among high school students in New York State declined from 27.1 % to 10.5%,(1) due to many measures, such as tax increases and clean indoor air laws, as well as this statute.

Pursuant to the statute's current text, cigarettes can be legally shipped to government employees acting in accordance with their official duties. Therefore, it is possible that a person who violates the law by shipping cigarettes to someone performing a "sting" operation could assert as a defense that the government employee buying the cigarettes was acting in accordance with his or her

official duties. The proposed amendment to Public Health Law Section 1399-11 (1) addresses this problem.

The proposed amendment to Public Health Law Section 1399-11 (2), which would permit registered cigarette retailers to deliver up to four cartons, is intended to close a loophole which had the effect of permitting any person, other than common and contract carriers, to transport up to 800 cigarettes to any person in the state. The amendment now permits registered cigarette retailers to do so, such as in deliveries by supermarkets and pharmacies to homebound customers.

The addition of a new subdivision 6 to Public Health Law Section 1399-11 provides for more effective enforcement of the statute by permitting both the Attorney General and the Corporation Counsel of any political subdivision that imposes a tax on cigarettes to bring actions to recover civil penalties for statutory violations.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

Effective date

Immediately.

Footnote

(1) www.health.state.ny.us.nysdoh/tobacco/reports/trends/youth tobacco survey 2000 downloaded 3/27/07.