S3649A-2011 - NY Senate Open Legislation - Relates to the destruction of seized and forfeited cigarettes and tobacco products

Relates to the destruction of seized and forfeited cigarettes and tobacco products.

Sponsor: GALLIVAN
Law Section: Tax Law
Law: Amd SS1846 & 1846-a, Tax L; amd S11-4021, NYC Ad Cd

S3649A-2011 Actions

Sep 23, 2011: SIGNED CHAP.556
Sep 12, 2011: DELIVERED TO GOVERNOR
Jun 23, 2011: returned to senate
Jun 23, 2011: passed assembly
Jun 23, 2011: ordered to third reading rules cal.593
Jun 23, 2011: substituted for a451b
Jun 16, 2011: referred to ways and means
Jun 16, 2011: DELIVERED TO ASSEMBLY
Jun 16, 2011: PASSED SENATE
Jun 14, 2011: ORDERED TO THIRD READING CAL.1218
Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
May 18, 2011: PRINT NUMBER 3649A
May 18, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Feb 28, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S3649A-2011 Meetings

Investigations and Government Operations: Jun 7, 2011, Rules: Jun 17, 2011, Rules: Jun 24, 2011

S3649A-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011

S3649A-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 7, 2011

Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (1): Peralta

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011

Ayes (20): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Breslin, Dilan, Krueger, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (3): Sampson, Duane, Montgomery
Nays (1): Hassell-Thompson

VOTE: FLOOR VOTE: - Jun 16, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Absent (1): Fuschillo

S3649A-2011 Memo

BILL NUMBER:S3649A

TITLE OF BILL:
An act
to amend the tax law and the administrative code of the city of New
York, in relation to the destruction of seized and forfeited cigarettes
and tobacco products

PURPOSE:
This bill would discontinue the practice of the government re-selling
counterfeit or seized cigarettes.

SUMMARY OF PROVISIONS:
Section 1 amends section 1846 of the tax law by continuing to allow
for the resale of cigarette vending machines with the money being
used for the state general fund but discontinuing the practice of
selling seized or counterfeit cigarettes to inmates or secondary
retailers. It would also grant the holders of the trademark of the
seized product to examine the seized goods in order to identify fraud
techniques and other information. In addition to this, it would also
allow the state to retain small amounts of the seized goods that do
not violate any federal counterfeit laws to be used by law
enforcement in sting operations that fight the illegal distribution
of cigarettes.

Section 2 amends section 1846-a of the tax law would remove the right
of the municipality to resell counterfeit cigarettes and require that
they be destroyed.

Section 3 amends section 11-4021 of the administrative code of the
city of New York by continuing to allow for the resale of cigarette
vending machines with the money being used for the state general fund
but discontinuing the practice of selling seized or counterfeit
cigarettes to inmates or secondary retailers. It would also grant the
holders of the trademark of the seized product to examine the seized
goods in order to identify fraud techniques and other information.

Section 4 sets the effective date.

JUSTIFICATION:
Currently, when counterfeit cigarettes are seized by law or tax
enforcement, notice is published in the newspaper where the seizure
occurs and the products are available for sale to the public,
secondary retailers, and the prison system. Funds generated from the
sale of cigarettes and other seized products are earmarked for the
general fund, meaning they can be used for any legitimate government
purpose. Though precedents exist for the government to sell seized
items (i.e. homes, cars, etc) cigarettes are a common consumer
product and in many cases the products being sold are substandard and
in some cases dangerous to the public.

This bill would take the state of New York out of the business of
selling counterfeit and seized cigarettes and put it in the business
of removing these products from circulation. Furthermore, by allowing
the manufacturers of the products to inspect the seized goods, it
will allow the state to work with the manufacturers in identifying


ways in which these frauds are being perpetrated and thereby allowing
these products to be sold in a legitimate manner. if people choose to
purchase these products, it should be done legitimately with the
appropriate taxes
being levied after the appropriate inspection of the product has been
concluded.

LEGISLATIVE HISTORY:
2009-10: A.11460 - Referred to Ways and Means/S.8255 - Passed Senate

FISCAL IMPLICATIONS:
The last state auction of seized cigarettes, held in 2008, four years
after the previous sale, brought the state $74,334 in revenue.
Whether the staff time in organizing the sale, the price of
publishing notices, and other indirect costs outweigh the revenue is
unclear.

EFFECTIVE DATE:
This act shall take effect immediately.

S3649A-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3649--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 28, 2011
                                 ___________

  Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment  Operations  --  committee  discharged,  bill  amended,   ordered
    reprinted as amended and recommitted to said committee

  AN  ACT  to amend the tax law and the administrative code of the city of
    New York, in relation to the destruction of seized and forfeited ciga-
    rettes and tobacco products

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Section 1846 of the tax law, as added by chapter 65 of the
  laws of 1985, subdivision (a) as amended by section 2 of part E of chap-
  ter 93 of the laws of 2002, subdivision (a-1) as added by section  3  of
  part J of chapter 383 of the laws of 2001, subdivision (c) as amended by
  section  169  of  subpart B of part C of chapter 62 of the laws of 2011,
  subdivision (d) as added by chapter 384 of the laws of 1999, is  amended
  to read as follows:

    S  1846.  Seizure and forfeiture of cigarettes.--(a) Whenever a police
  officer designated in section 1.20 of the criminal procedure  law  or  a
  peace  officer  designated  in  subdivision four of section 2.10 of such
  law, acting pursuant to his or her special duties,  shall  discover  any
  cigarettes  subject to tax provided by article twenty of this chapter or
  by chapter thirteen of title eleven of the administrative  code  of  the
  city of New York, and upon which the tax has not been paid or the stamps
  not  affixed  as required by such article or such chapter thirteen, they
  are  hereby  authorized  and  empowered  forthwith  to  seize  and  take
  possession  of  such  cigarettes,  together  with any vending machine or
  receptacle in which they are held for  sale.  Such  cigarettes,  vending
  machine  or  receptacle seized by a police officer or such peace officer
  shall be turned over to the commissioner. Such seized cigarettes,  vend-
  ing machine or receptacle, not including money contained in such vending
  machine or receptacle, shall be forfeited to the state.  The commission-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04509-05-1

 S. 3649--A                          2

  er  may,  within  a  reasonable  time  thereafter, upon publication of a
  notice to such effect for at least five successive days, before the  day
  of  sale, in a newspaper published or circulated in the county where the
  seizure  was made, sell such forfeited [cigarettes and] vending machines
  or receptacles at public sale and pay the proceeds into the state treas-
  ury to the credit of the general fund. [Cigarettes so  seized  and  sold
  shall  be sold only to an agent under article twenty of this chapter and
  the notice of sale shall contain a provision to this  effect.]  Notwith-
  standing any other provision of this section, the commissioner may enter
  into  an  agreement  with  any city of this state which is authorized to
  impose a tax similar to that imposed by article twenty of  this  chapter
  to  provide  for  the disposition between the state and any such city of
  the proceeds from any such sale.  ALL CIGARETTES FORFEITED TO THE  STATE
  SHALL  BE  DESTROYED  OR  USED FOR LAW ENFORCEMENT PURPOSES, EXCEPT THAT
  CIGARETTES THAT VIOLATE, OR ARE SUSPECTED OF VIOLATING,  FEDERAL  TRADE-
  MARK LAWS OR IMPORT LAWS SHALL NOT BE USED FOR LAW ENFORCEMENT PURPOSES.
  IF  THE  COMMISSIONER  DETERMINES THE CIGARETTES MAY NOT BE USED FOR LAW
  ENFORCEMENT PURPOSES, THE COMMISSIONER MUST, WITHIN  A  REASONABLE  TIME
  AFTER  THE  FORFEITURE OF SUCH CIGARETTES, UPON PUBLICATION IN THE STATE
  REGISTRY, DESTROY SUCH FORFEITED CIGARETTES. THE COMMISSIONER MAY, PRIOR
  TO ANY DESTRUCTION OF CIGARETTES, PERMIT THE TRUE HOLDER OF  THE  TRADE-
  MARK  RIGHTS  IN  THE CIGARETTES TO INSPECT SUCH FORFEITED CIGARETTES IN
  ORDER TO ASSIST IN ANY INVESTIGATION REGARDING SUCH CIGARETTES.
    (a-1) Whenever a police officer designated  in  section  1.20  of  the
  criminal procedure law or a peace officer designated in subdivision four
  of  section  2.10  of  such  law,  acting pursuant to his or her special
  duties, shall  discover  any  cigarettes  which  have  been  stamped  in
  violation of section four hundred eighty-b of this chapter, such officer
  is   hereby  authorized  and  empowered  forthwith  to  seize  and  take
  possession of such cigarettes, and such cigarettes shall be subject to a
  forfeiture action pursuant to the procedures  provided  for  in  article
  thirteen-A  of  the  civil  practice  law  and rules, as if such article
  specifically provided for forfeiture of cigarettes  seized  pursuant  to
  this  section as a preconviction forfeiture crime. Subdivisions (b), (c)
  and (d) of this section shall not apply to cigarettes seized pursuant to
  this subdivision.
    (b) In the alternative, the tax commission, on  reasonable  notice  by
  mail  or otherwise, may permit the person from whom said cigarettes were
  seized to redeem the said cigarettes, and any vending machine or  recep-
  tacle seized therewith, by the payment of the tax due, plus a penalty of
  fifty  per  centum  thereof,  plus interest on the amount of tax due for
  each month or fraction thereof after such  tax  became  due  (determined
  without  regard  to  any  extension of time for filing or paying) at the
  rate applicable under subparagraph (ii) of paragraph (a) of  subdivision
  one  of  section  four  hundred eighty-one of this chapter and the costs
  incurred in such proceeding, which total payment shall not be less  than
  five  dollars;  provided, however, that such seizure and sale or redemp-
  tion shall not be deemed to relieve any person from fine or imprisonment
  provided for in this article for violation of any provision  of  article
  twenty of this chapter.
    (c)  In  the  alternative,  [if  the tax commission concludes that any
  cigarettes seized pursuant to this section, when offered at public sale,
  will bring a price less than the reasonably estimated  price  which  the
  department  of  corrections  and community supervision would have to pay
  for the purchase of such cigarettes for sale to or  use  by  inmates  in
  institutions under the jurisdiction of such department,] the tax commis-

 S. 3649--A                          3

  sion  may  dispose  of  [such]  ANY  cigarettes  SEIZED PURSUANT TO THIS
  SECTION, EXCEPT THOSE THAT  VIOLATE,  OR  ARE  SUSPECTED  OF  VIOLATING,
  FEDERAL  TRADEMARK  LAWS  OR  IMPORT  LAWS,  by transferring them to the
  department  of  corrections and community supervision for sale to or use
  by inmates in such institutions.
    (d) Cigarettes seized pursuant to a violation of section four  hundred
  seventy-three-b  of  this chapter shall be destroyed [or sold for export
  at the discretion of the commissioner]. The department  may  also  seize
  and  destroy  any  vending  machine  or  receptacle  in which cigarettes
  stamped in violation of section four  hundred  seventy-three-b  of  this
  chapter are held for sale.
    S 2. Section 1846-a of the tax law, as added by chapter 61 of the laws
  of  1989, subdivision (a-1) as added by chapter 552 of the laws of 2008,
  subdivision (c) as amended by section 170 of subpart  B  of  part  C  of
  chapter 62 of the laws of 2011, is amended to read as follows:

    S  1846-a.  Forfeiture  action  with  respect to tobacco products. (a)
  Whenever a police officer designated in section  1.20  of  the  criminal
  procedure  law  or  a  peace  officer  designated in subdivision four of
  section 2.10 of such law, acting pursuant to his special  duties,  shall
  discover  any  tobacco  products in excess of five hundred cigars or ten
  pounds of tobacco which are being imported for sale in the  state  where
  the person importing or causing such tobacco products to be imported has
  not  been  appointed  as  a distributor pursuant to section four hundred
  seventy-two of this chapter, such police officer  or  peace  officer  is
  hereby  authorized  and empowered forthwith to seize and take possession
  of such tobacco products. Such tobacco products seized by a police offi-
  cer or peace officer shall be turned over to the commissioner [of  taxa-
  tion  and finance].   Such seized tobacco products shall be forfeited to
  the state. [The] ALL TOBACCO PRODUCTS FORFEITED TO THE  STATE  SHALL  BE
  DESTROYED  OR  USED  FOR  LAW  ENFORCEMENT PURPOSES, EXCEPT THAT TOBACCO
  PRODUCTS THAT VIOLATE, OR ARE SUSPECTED OF VIOLATING, FEDERAL  TRADEMARK
  LAWS  OR  IMPORT LAWS SHALL NOT BE USED FOR LAW ENFORCEMENT PURPOSES. IF
  THE COMMISSIONER DETERMINES THE TOBACCO PRODUCTS MAY NOT BE USED FOR LAW
  ENFORCEMENT PURPOSES, THE commissioner [of  taxation  and  finance  may]
  MUST, within a reasonable time thereafter, upon publication IN THE STATE
  REGISTRY of a notice to such effect [for at least five successive days,]
  before  the  day of [sale, in a newspaper published or circulated in the
  county where the seizure  was  made,  sell]  DESTRUCTION,  DESTROY  such
  forfeited tobacco products [at public sale and pay the proceeds into the
  state  treasury  to the credit of the general fund.  Tobacco products so
  seized and sold shall be sold only  to  a  distributor  appointed  under
  article  twenty  of  this chapter and the notice of sale shall contain a
  provision  to  this  effect].    THE  COMMISSIONER  MAY,  PRIOR  TO  ANY
  DESTRUCTION OF TOBACCO PRODUCTS, PERMIT THE TRUE HOLDER OF THE TRADEMARK
  RIGHTS  IN  THE  TOBACCO  PRODUCTS TO INSPECT SUCH FORFEITED PRODUCTS IN
  ORDER TO ASSIST IN ANY INVESTIGATION REGARDING SUCH TOBACCO PRODUCTS.
    (a-1) Whenever a police officer designated  in  section  1.20  of  the
  criminal procedure law or a peace officer designated in subdivision four
  of section 2.10 of the criminal procedure law, acting pursuant to his or
  her  special  duties,  discovers  any  roll-your-own  tobacco that is in
  violation of section four hundred eighty-c of this chapter, the  officer
  is  authorized  and  empowered to seize and take possession of the roll-
  your-own tobacco, and the roll-your-own tobacco is subject to a  forfei-
  ture  action  under the procedures provided for in article thirteen-A of
  the civil practice law  and  rules,  as  if  that  article  specifically
  provided  for  forfeiture  of  roll-your-own  tobacco  seized under this

 S. 3649--A                          4

  section as a preconviction forfeiture crime. Subdivisions (b) and (c) of
  this section do not apply to roll-your-own tobacco  seized  pursuant  to
  this subdivision.
    (b) In the alternative, the commissioner, on reasonable notice by mail
  or otherwise, may permit the person from whom said tobacco products were
  seized  to  redeem  the  said tobacco products by the payment of the tax
  due, plus a penalty of fifty per centum thereof, plus  interest  on  the
  amount  of  tax  due  for  each month or fraction thereof after such tax
  became due (determined without regard  to  any  extension  of  time  for
  filing  or  paying)  at  the  rate applicable under subparagraph (ii) of
  paragraph (a) of subdivision one of section four hundred  eighty-one  of
  this  chapter  and  the  costs  incurred in such proceeding, which total
  payment shall not be less than five  dollars;  provided,  however,  that
  such  seizure  and sale or redemption shall not be deemed to relieve any
  person from fine or  imprisonment  provided  for  in  this  article  for
  violation of any provision of article twenty of this chapter.
    (c) In the alternative, [if the commissioner concludes that any tobac-
  co  products  seized  pursuant  to  this section, when offered at public
  sale, will bring a price less than the reasonably estimated price  which
  the  department  of  corrections and community supervision would have to
  pay for the purchase of such tobacco products for  sale  to  or  use  by
  inmates  in institutions under the jurisdiction of such department,] the
  commissioner may dispose of [such] ANY tobacco products SEIZED  PURSUANT
  TO  THIS SECTION, EXCEPT THOSE THAT VIOLATE, OR ARE SUSPECTED OF VIOLAT-
  ING, FEDERAL TRADEMARK OR IMPORT  LAWS,  by  transferring  them  to  the
  department  of  corrections and community supervision for sale to or use
  by inmates in such institutions.
    S 3. Section 11-4021 of the administrative code of  the  city  of  New
  York, as added by chapter 765 of the laws of 1985, is amended to read as
  follows:

    S  11-4021 Seizure and forfeiture of cigarettes. (a) Whenever a police
  officer designated in section 1.20 of the criminal procedure  law  or  a
  peace  officer  designated  in  subdivision five of section 2.10 of such
  law, acting pursuant to his special duties,  shall  discover  any  ciga-
  rettes  subject  to  any tax provided by chapter thirteen of this title,
  and upon which the tax has not been paid or the stamps  not  affixed  as
  required  by  such  chapter,  they  are  hereby authorized and empowered
  forthwith to seize and take possession of such cigarettes, together with
  any vending machine or receptacle in which they are held for sale.  Such
  cigarettes,  vending machine or receptacle seized by a police officer or
  such peace officer shall be turned over to the commissioner of finance.
    (b) The seized cigarettes and any vending machine or receptacle seized
  therewith, but not the money contained in such vending machine or recep-
  tacle shall thereupon be forfeited to the city, unless the  person  from
  whom  the seizure is made, or the owner of such seized cigarettes, vend-
  ing machine or receptacle, or any other person  having  an  interest  in
  such  property,  shall  within  ten  days  of such seizure, apply to the
  commissioner of finance for a hearing to determine the propriety of  the
  seizure,  or  unless the commissioner of finance shall on his own motion
  release the seized cigarettes, vending machine or receptacle. After such
  hearing the commissioner of finance shall give notice of his decision to
  the petitioner. The decision of the commissioner shall be reviewable for
  error, illegality, unconstitutionality or any other reason whatsoever by
  a proceeding under article seventy-eight of the civil practice  law  and
  rules if application therefor is made to the supreme court within thirty
  days  after  the  giving of the notice of such decision. Such proceeding

 S. 3649--A                          5

  shall not be instituted unless there  shall  first  be  filed  with  the
  commissioner  of  finance  an  undertaking,  issued  by a surety company
  authorized to transact business in New York state and  approved  by  the
  superintendent of insurance of New York state as to solvency and respon-
  sibility,  in  such  amount  as  a  justice  of  the supreme court shall
  approve, to the effect that if such  proceeding  be  dismissed,  or  the
  seizure  confirmed,  the petitioner will pay all costs and charges which
  may accrue in the prosecution of the proceeding.
    (c) The commissioner of finance may, within a  reasonable  time  after
  the  forfeiture  to  the  city of such [cigarettes,] vending machines or
  receptacles, upon publication of a notice to such effect  for  at  least
  five  successive  days,  in  a  newspaper published or circulated in the
  city, sell such forfeited [cigarettes and] vending machines or  recepta-
  cles  at  public sale and pay the proceeds into the treasury of the city
  to the credit of the general fund. [Cigarettes so seized and sold  shall
  be  sold  only  to an agent under chapter thirteen of this title and the
  notice of sale shall contain a provision to this  effect.]  Such  seized
  [cigarettes,]  vending  machines  or  receptacles  may  be sold prior to
  forfeiture if the owner of the seized property  consents  to  the  sale.
  Notwithstanding any other provision of this section, the commissioner of
  finance  may  enter  into  an agreement with the state tax commission to
  provide for the disposition between the city and state of  the  proceeds
  from  any  such sale.  THE COMMISSIONER OF FINANCE MAY ALSO TRANSFER ANY
  SEIZED  CIGARETTES  TO  THE  STATE  FOR  DESTRUCTION.    ALL  CIGARETTES
  FORFEITED  TO  THE  STATE SHALL BE DESTROYED OR USED FOR LAW ENFORCEMENT
  PURPOSES, EXCEPT THAT CIGARETTES  THAT  VIOLATE,  OR  ARE  SUSPECTED  OF
  VIOLATING,  FEDERAL  TRADEMARK LAWS OR IMPORT LAWS SHALL NOT BE USED FOR
  LAW ENFORCEMENT PURPOSES. IF THE COMMISSIONER DETERMINES THE  CIGARETTES
  MAY  NOT  BE  USED  FOR  LAW  ENFORCEMENT  PURPOSES, THE COMMISSIONER OF
  FINANCE MUST, WITHIN A REASONABLE TIME AFTER THE FORFEITURE TO THE  CITY
  OF  SUCH  CIGARETTES, UPON PUBLICATION OF A NOTICE TO SUCH EFFECT FOR AT
  LEAST FIVE  SUCCESSIVE  DAYS,  PRIOR  TO  DESTRUCTION,  IN  A  NEWSPAPER
  PUBLISHED  OR CIRCULATED IN THE CITY, DESTROY SUCH FORFEITED CIGARETTES.
  SUCH COMMISSIONER MAY, PRIOR TO ANY DESTRUCTION  OF  CIGARETTES,  PERMIT
  THE  TRUE  HOLDER  OF  THE TRADEMARK RIGHTS IN THE CIGARETTES TO INSPECT
  SUCH FORFEITED CIGARETTES  IN  ORDER  TO  ASSIST  IN  ANY  INVESTIGATION
  REGARDING SUCH CIGARETTES.
    (d)  In  the  alternative,  the commissioner of finance, on reasonable
  notice by mail or otherwise, may permit the person from whom said  ciga-
  rettes  were  seized  to  redeem  the  said  cigarettes, and any vending
  machine or receptacle seized therewith, or may permit the owner  of  any
  such  cigarettes,  vending  machine or receptacle to redeem the same, by
  the payment of the tax due, plus a penalty  of  fifty  percent  thereof,
  plus interest on the amount of tax due for each month or fraction there-
  of after such tax became due (determined without regard to any extension
  of  time  for filing or paying) at the rate applicable under subdivision
  [(d)] D of section 11-1317 of this title and the costs incurred in  such
  proceeding,  which  total  payment  shall not be less than five dollars;
  provided, however, that such seizure and sale or redemption shall not be
  deemed to relieve any person from fine or imprisonment provided  for  in
  this  chapter for violation of any provisions of this chapter or chapter
  thirteen of this title.
    (e) In the alternative, [if the commissioner of finance concludes that
  any cigarettes seized pursuant to this section, when offered  at  public
  sale,  will bring a price less than the reasonably estimated price which
  the department of correction would have to pay for the purchase of  such

 S. 3649--A                          6

  cigarettes  for  sale  to  or  use  by inmates in institutions under the
  jurisdiction of  such  department,]  the  commissioner  of  finance  may
  dispose of [such] ANY cigarettes SEIZED PURSUANT TO THIS SECTION, EXCEPT
  THOSE  THAT  VIOLATE,  OR  ARE SUSPECTED OF VIOLATING, FEDERAL TRADEMARK
  LAWS  OR  IMPORT  LAWS,  by  transferring  them  to  the  department  of
  correction for sale to or use by inmates in such institutions.
    S 4. This act shall take effect immediately.

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S3649A-2011: Relates to the destruction of seized and forfeited cigarettes and tobacco products