senate Bill S3653

Amended

Grants the state liquor authority general rule making privileges for the purpose of effectuating the alcoholic beverage control law

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Sponsor

Bill Status


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

  • 08 / Feb / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 30 / Apr / 2013
    • 1ST REPORT CAL.482
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 27 / Jan / 2014
    • PRINT NUMBER 3653A
  • 18 / Mar / 2014
    • 1ST REPORT CAL.303
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Grants the state liquor authority general rule making privileges for the purpose of effectuating the alcoholic beverage control law and provides for the repeal of such provisions relating thereto.

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Bill Details

See Assembly Version of this Bill:
A6969
Versions:
S3653
S3653A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4190A, A3411B, A4190A
2009-2010: S7557, A10809, A9458

Votes

7
1
7
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S3653

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the authority of the state liquor authority to promulgate
rules and regulations; and providing for the repeal of such provisions
upon expiration thereof

PURPOSE: This bill would amend the Alcoholic Beverage Control Law to
allow the New York State Liquor Authority to have general rulemaking
authority for two years.

SUMMARY OF PROVISIONS: § 1-Amends § 17 of the Alcoholic Beverage Control
Law to add a new subdivision 15 to allow the State Liquor Authority the
ability to promulgate rules and regulations necessary to implement any
provision of the Alcoholic Beverage Control Law.

§3- Effective date.

JUSTIFICATION: Chapter 391 of the Laws of 2007 directed the New York
State Law Revision Commission (LRC) to review the Alcoholic Beverage
Control (ABC) Law and make recommendations to the Legislature, including
proposed revisions of the law as it determined necessary to improve the
effectiveness of the law and to further New York State's policy goals
relating to alcoholic beverage control. One of the many issues reviewed
by the LRC was that of allowing the State Liquor Authority (SLA) to have
general rulemaking, authority.

In its final report, the LRC stated, "In the past, the SLA has on
several occasions sought statutory amendments to the ABC Law to grant it
general rulemaking authority. While there are supporters of this
request, a review of the implementation of the restructuring of the
agency and a review of the current rules should be completed before a
decision is made about general rulemaking authority." Specifically, the
LRC suggested "postponing any legislative decision to give the SLA
general rulemaking authority until a review of its compliance with these
recommendations regarding communication with the public is completed."

In recent months, the SLA has made tremendous strides in accomplishing
the goals set forth by the LRC, including those set as a requirement to
obtain general rulemaking, authority. As a means of continuing to accom-
plish those goals in an expedited fashion, it stands to reason that
giving the SLA general rulemaking authority for three years is an appro-
priate action to take at this time.

LEGISLATIVE HISTORY: 2011-12 S.4190-A Third Reading/3411-B Codes 2009-
10: S.7557 Investigations and Government Operations/A. 10809 Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall expire
and be deemed repealed December 31, 2015.

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

                                  3653

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 8, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to amend the alcoholic beverage control law, in relation to the
  authority of the state liquor authority to promulgate rules and  regu-
  lations;  and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section 1. Section 17 of the alcoholic beverage control law is amended
by adding a new subdivision 10 to read as follows:
  10.  TO  PROMULGATE  ANY RULE OR REGULATION NECESSARY TO IMPLEMENT ANY
PROVISION OF THIS CHAPTER.
  S 2. Section 17 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 15 to read as follows:
  15.  TO  PROMULGATE  ANY RULE OR REGULATION NECESSARY TO IMPLEMENT ANY
PROVISION OF THIS CHAPTER.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to  section  17  of  the  alcoholic  beverage control law made by
section one of this act shall be subject to the expiration and reversion
of such section pursuant to section 4 of chapter  118  of  the  laws  of
2012,  as  amended, when upon such date the provisions of section two of
this act shall take effect; and provided further, that nothing contained
in this act shall be construed so as to extend the  provisions  of  this
act  beyond December 31, 2015, when upon such date this act shall expire
and the provisions contained in this act shall be deemed repealed.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08775-01-3

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