senate Bill S4190A

2011-2012 Legislative Session

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

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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

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.536
Jan 24, 2012 print number 4190a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Jun 24, 2011 committed to rules
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.363
Mar 23, 2011 referred to investigations and government operations

Votes

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Apr 18, 2012 - Investigations and Government Operations committee Vote

S4190A
6
0
committee
6
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 18, 2012

aye wr (2)

Apr 12, 2011 - Investigations and Government Operations committee Vote

S4190
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 12, 2011

aye wr (2)
excused (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4190 - Bill Details

See Assembly Version of this Bill:
A3411B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S7557, A10809

S4190 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4190

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, 2013.

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

                                  4190

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

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 15 to read as follows:
  15.  TO  PROMULGATE  ANY RULE OR REGULATION NECESSARY TO IMPLEMENT ANY
PROVISION OF THIS CHAPTER.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2013.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06365-03-1

S4190A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3411B
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S7557, A10809

S4190A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4190--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

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 15 to read as follows:
  15. TO PROMULGATE ANY RULE OR REGULATION NECESSARY  TO  IMPLEMENT  ANY
PROVISION OF THIS CHAPTER.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2014.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06365-04-2

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