S T A T E O F N E W Y O R K
________________________________________________________________________
7090
I N S E N A T E
March 22, 2000
___________
Introduced by Sen. DOLLINGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law and the civil practice law
and rules, in relation to liability of cigarette manufacturers for the
cost of fires
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general obligations law is amended by adding a new
2 section 11-107 to read as follows:
3 S 11-107. LIABILITY OF CIGARETTE MANUFACTURERS FOR THE COST OF FIRES.
4 1. A MANUFACTURER OF UNSAFE CIGARETTES THAT ARE OFFERED FOR SALE IN THE
5 STATE SHALL BE LIABLE TO ANY COUNTY, CITY, TOWN, VILLAGE OR FIRE
6 DISTRICT FOR THE ACTUAL COSTS EXPENDED BY SUCH COUNTY, CITY, TOWN,
7 VILLAGE OR FIRE DISTRICT IN RESPONDING TO FIRE EMERGENCIES THAT ARE
8 CAUSED BY, OR RELATED TO, THE USE OF SUCH MANUFACTURER`S UNSAFE CIGA-
9 RETTES.
10 2. EVERY COUNTY, CITY, TOWN, VILLAGE AND FIRE DISTRICT WHICH MUST
11 EXPEND RESOURCES TO RESPOND TO A FIRE EMERGENCY WHICH WAS CAUSED BY, OR
12 RELATED TO, THE USE OF UNSAFE CIGARETTES, SHALL HAVE A CAUSE OF ACTION
13 AGAINST THE MANUFACTURER OF SUCH UNSAFE CIGARETTES TO RECOVER THE COSTS
14 EXPENDED BY SUCH COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT IN
15 RESPONDING TO THE FIRE EMERGENCY. COSTS THAT MAY BE RECOVERED INCLUDE
16 THE ACTUAL COSTS FOR: POLICE PROTECTION SERVICES, FIRE PROTECTION
17 SERVICES, USE OF EQUIPMENT, WORKERS` COMPENSATION AND DISABILITY INSUR-
18 ANCE.
19 3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
20 4. AS USED IN THIS SECTION THE TERM:
21 (A) "MANUFACTURER" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNER-
22 SHIP OR OTHER ENTITY THAT MANUFACTURES CIGARETTES WHICH ARE OFFERED FOR
23 SALE IN THE STATE.
24 (B) "UNSAFE CIGARETTE" SHALL MEAN ANY ROLL FOR SMOKING MADE WHOLLY OR
25 IN PART OF TOBACCO OR OF ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE AND
26 SHAPE AND WHETHER OR NOT SUCH TOBACCO OR SUBSTANCE IS FLAVORED, ADULTER-
27 ATED OR MIXED WITH ANY OTHER INGREDIENT, THE WRAPPER OR COVER OF WHICH
28 IS MADE OF PAPER OR ANY OTHER SUBSTANCE OR MATERIAL EXCEPT TOBACCO, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD15988-02-0
S. 7090 2
1 WHICH CONTINUES TO BURN FOR MORE THAN SIXTY SECONDS AFTER IT IS LAST
2 SMOKED, AND WHICH FAILS TO CONTAIN FIRE SAFETY DESIGN FEATURES ESTAB-
3 LISHED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
4 5. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF ANY COUNTY,
5 CITY, TOWN, VILLAGE OR FIRE DISTRICT TO RECOVER THE COSTS OF SUCH ENTITY
6 IN RESPONDING TO FIRE EMERGENCIES WHICH ARE CAUSED BY, OR RELATED TO,
7 THE USE OF UNSAFE CIGARETTES.
8 6. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, THE COURT, IN
9 ADDITION TO DAMAGES, MAY AWARD REASONABLE COSTS AND ATTORNEY FEES.
10 S 2. Section 211 of the civil practice law and rules is amended by
11 adding a new subdivision (f) to read as follows:
12 (F) AN ACTION OR PROCEEDING COMMENCED PURSUANT TO SECTION 11-107 OF
13 THE GENERAL OBLIGATIONS LAW.
14 S 3. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after January 1, 1987.
.SO DOC S 7090 *END* BTXT 1999
Bill S07090
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