senate Bill S3649A

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.556
Sep 12, 2011 delivered to governor
Jun 23, 2011 returned to senate
passed assembly
ordered to third reading rules cal.593
substituted for a451b
Jun 16, 2011 referred to ways and means
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1218
Jun 13, 2011 committee discharged and committed to rules
Jun 07, 2011 reported and committed to finance
May 18, 2011 print number 3649a
amend and recommit to investigations and government operations
Feb 28, 2011 referred to investigations and government operations

Votes

view votes

Jun 14, 2011 - Rules committee Vote

S3649A
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 7, 2011 - Investigations and Government Operations committee Vote

S3649A
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jun 7, 2011

aye wr (1)

S3649 - Details

See Assembly Version of this Bill:
A451B
Law Section:
Tax Law
Laws Affected:
Amd §§1846 & 1846-a, Tax L; amd §11-4021, NYC Ad Cd

S3649 - Summary

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

S3649 - Sponsor Memo

S3649 - Bill Text download pdf

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

                                  3649

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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

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 (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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04509-03-1

S3649A (ACTIVE) - Details

See Assembly Version of this Bill:
A451B
Law Section:
Tax Law
Laws Affected:
Amd §§1846 & 1846-a, Tax L; amd §11-4021, NYC Ad Cd

S3649A (ACTIVE) - Summary

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

S3649A (ACTIVE) - Sponsor Memo

S3649A (ACTIVE) - Bill Text download pdf

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

                                 3649--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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

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