senate Bill S3653A

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

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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:
A6969A
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

6
1
6
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S3653A

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:

§ 2-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 arc 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, 2016.

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

                                 3653--A

                       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  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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, 2016, 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.
                                                           LBD08775-02-4

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