Senate Bill S4190A

                                BILL NUMBER:S4190A

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.

§ 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 "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
accomplish those goals in an expedited fashion, it stands to reason
that giving the SLA general rulemaking authority for three years is
an appropriate action to take at this time.

LEGISLATIVE HISTORY:

2009-2010: S.7557/A.10809

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall
expire and be deemed repealed December 31, 2014.