BILL NUMBER:A10809

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

SUMMARY OF SPECIFIC 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.

§ 2- 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 "postpon[e]ing 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,

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

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and be deemed repealed December 31, MI