senate Bill S1515A

2011-2012 Legislative Session

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development in the beer, wine and liquor industries

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 05, 2012 advanced to third reading
Jun 04, 2012 2nd report cal.
May 31, 2012 1st report cal.973
May 21, 2012 print number 1515a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Jan 10, 2011 referred to investigations and government operations

Votes

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May 31, 2012 - Investigations and Government Operations committee Vote

S1515A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 31, 2012

excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1515 - Bill Details

See Assembly Version of this Bill:
A2412B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §2, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S6184, A926

S1515 - Bill Texts

view summary

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.

view sponsor memo
BILL NUMBER:S1515

TITLE OF BILL:
An act
to amend
the civil practice law and rules, in relation to retaining alternate
jurors until verdicts are returned

PURPOSE: This bill will require the court to retain
one or both
alternate jurors until the final verdict is delivered.

SUMMARY OF PROVISIONS: Amends § 4106 of the civil
practice law and
rules by requiring the court to retain one or both of the alternate
jurors until the final verdict of the case is delivered. In the event
that a regular juror becomes unable to perform his or her duty in the
process of deliberation, the court will then appoint one of the
alternate jurors. The deliberation will recommence as if no
deliberation had occurred.

JUSTIFICATION: This bill requires the court to retain
alternate jurors
for the entire length of trial, as opposed to the current law which
allows the court to dismiss the alternate jurors before deliberation.
This corrects an oversight that has lead to many unnecessary
mistrials and countless dollars wasted on retrials. The bill attempts
to reduce costs of trial by preventing mistrials and enhancing
judicial economy.

LEGISLATIVE HISTORY: S.6361 of 2012, Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1515

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 alcoholic beverage control law, in relation  to  the
  state policy with regard to alcoholic beverages

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

  Section 1. Section 2 of the alcoholic beverage control law, as amended
by chapter 111 of the laws of 1978, is amended to read as follows:
  S 2. Policy of state and purpose of chapter.  It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture, sale and distribution within the state of alcoholic  bever-
ages  for  the  purpose  of  fostering and promoting temperance in their
consumption and respect for and obedience to law. It is hereby  declared
that  such  policy  will  best  be  carried out by empowering the liquor
authority of the state  to  determine  whether  public  convenience  and
advantage  will  be  promoted  by the issuance of licenses to traffic in
alcoholic beverages, the increase or decrease in the number thereof  and
the  location of premises licensed thereby, subject only to the right of
judicial review [hereinafter] provided for IN THIS CHAPTER.    IN  ADDI-
TION,  IT  IS  DECLARED  AS THE POLICY OF THIS STATE TO PROMOTE ECONOMIC
DEVELOPMENT AND JOB OPPORTUNITIES BY PROMOTING THE EXPANSION AND PROFIT-
ABILITY OF THE BEER, WINE  AND  LIQUOR  PRODUCTION  INDUSTRIES  IN  THIS
STATE.   PROMOTING SUCH BEER, WINE AND LIQUOR PRODUCTION INDUSTRIES WILL
FOSTER GROWTH IN THIS STATE'S TOURISM  INDUSTRY;  PROMOTE  CONSERVATION,
PRODUCTION  AND  ENHANCEMENT  OF  STATE AGRICULTURAL LANDS; AND MAKE THE
STATE'S ECONOMY MORE SELF-RELIANT IN THE PRODUCTION  OF  FOOD  AND  FOOD
RELATED  PRODUCTS.  It is the purpose of this chapter to carry out [that
policy] THESE POLICIES in the public interest. The [restrictions,] regu-
lations and provisions contained in this  chapter  are  enacted  by  the
legislature  for  the  protection,  health,  welfare  [and],  safety AND
ECONOMIC WELL-BEING of the people of the state.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04870-01-1

Co-Sponsors

S1515A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2412B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §2, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S6184, A926

S1515A (ACTIVE) - Bill Texts

view summary

Provides that the state policy with regard to the alcoholic beverage control law shall be to promote economic development and job opportunities in the beer, wine and liquor industries of the state.

view sponsor memo
BILL NUMBER:S1515A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the state
policy with regard to alcoholic beverages

PURPOSE:

This bill updates the overall "policy of state and purpose of chapter"
that is the articulated state public policy and purpose of the
Alcoholic Beverage Control Law. This New York State policy was first
articulated by the New York State Legislature when it adopted the
first Alcoholic Beverage Control Law after the repeal of the 18th
Amendment (Prohibition) to the United States Constitution in 1933.
While this provision has not been amended since 1934, the nature,
kinds and environment on the consumption and use patterns of
alcoholic beverages has changed significantly since 1934 as it
relates to such beverages, manufacture, distribution, sale and
consumption. This bill idea comes from the recommendations of the NYS
Law Revision Commission which issued a report on the Alcoholic
Beverage Control Law and its Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy of
state and purpose of chapter". This amendment adds to the policy of
the State Liquor Authority to also consider supporting, where
possible, the economic development and job opportunities of this
State when. making decisions related to regulating alcoholic
beverages. This new policy consideration of supporting economic
growth and job development, would be in addition to, but subservient
to the already articulated public policy to control the manufacture,
sale, and distribution of alcoholic beverages in this State to foster
and promote temperance in the consumption of alcoholic beverages and
respect for and obedience to the law. The kinds of economic
development that can be supported relate to alcoholic beverage
production, tourism & recreation industries, and actions which could
promote the conservation & enhancement of the state's agricultural
lands.

EXISTING LAW:

Under current law, the State Liquor Authority, in its activities, is
to consider the control of the manufacture, sale and distribution of
alcoholic beverages without any consideration at all as to the
economic benefits and
job creation possibilities that are derived from promoting activities
that relate to the alcoholic beverage industry.

JUSTIFICATION:

The overall environment in which the regulation of the manufacture,
distribution, sale and consumption of alcoholic beverages has changed
greatly since the public policy statement contained in section 2 of
the Alcoholic Beverage control Law was first adopted in 1933. Since,


1933, the Great Depression is over, the Allied Forces won the Second
World War, and the Cold War is now over. Further, consumer
preferences and consumption patterns for alcoholic beverages have
changed significantly since the policy statement contained in Section
2 was adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and consumption of
alcoholic beverages so that it better reflects the economic benefits
that can be derived to the State of New York by encouraging the
production of quality beer, wine, and spirits. Further, the
appropriate regulation of such beverages can help to promote economic
development and job creation.
Expanding production facilities that manufacture beer, wine, and
liquors in this State can help to increase manufacturing employment
and the demand for state produced agricultural crops, preserve
working farms & open spaces, and minimize future real property tax
increases. In addition, such a shift in policy could help to support
prudent avenues to increase economic opportunities related to the
State's tourism and recreation industries.

This bill will give regulators the tools that they need to consider
the economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines,
and liquors, and other ancillary activities that can help to promote
tourism and recreational activities.

LEGISLATIVE HISTORY:
Similar to 2008: A.10314 Referred to Economic Development
2010: A.6184 Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall have become law.

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

                                 1515--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. KLEIN, SAVINO -- 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
  state policy with regard to alcoholic beverages

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

  Section 1. Section 2 of the alcoholic beverage control law, as amended
by chapter 111 of the laws of 1978, is amended to read as follows:
  S 2. Policy of state and purpose of chapter.  It is hereby declared as
the policy of the state that it is necessary to regulate and control the
manufacture,  sale and distribution within the state of alcoholic bever-
ages for the purpose of fostering  and  promoting  temperance  in  their
consumption and respect for and obedience to law.  THIS CHAPTER SHALL BE
DEEMED  AN  EXERCISE  OF  THE POLICE POWER OF THE STATE, FOR THE PRIMARY
PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
STATE, PROMOTING TEMPERANCE IN THE CONSUMPTION OF  ALCOHOLIC  BEVERAGES;
AND,  TO  THE  EXTENT POSSIBLE, SUPPORTING ECONOMIC GROWTH, JOB DEVELOP-
MENT, AND THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES  AND  ITS
TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
ENHANCEMENT  OF  STATE AGRICULTURAL LANDS; PROVIDED THAT SUCH ACTIVITIES
DO NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS  CHAPTER.
It  is  hereby declared that such [policy] POLICIES will best be carried
out by empowering the liquor authority of the state to determine whether
public convenience and advantage will be promoted  by  the  issuance  of
licenses  to traffic in alcoholic beverages, the increase or decrease in
the number thereof  and  the  location  of  premises  licensed  thereby,
subject  only to the right of judicial review [hereinafter] provided for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04870-05-2

S. 1515--A                          2

IN THIS CHAPTER. It is the purpose of this chapter to  carry  out  [that
policy]  THESE POLICIES in the public interest. [The restrictions, regu-
lations and provisions contained in this  chapter  are  enacted  by  the
legislature for the protection, health, welfare and safety of the people
of the state.]
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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