NY State Senate Bill 2011-S4190

Senate Bill S4190

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	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
Jan 24, 2012	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

- Apr 18, 2012 - Investigations And Government Operations Committee Vote
  S4190
  
  6
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 18, 2012
      
      aye (6)
      
      Alesi
      
      Diaz
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      Squadron
      
      aye wr (2)
      
      Peralta
      
      Zeldin
  Apr 12, 2011 - Investigations And Government Operations Committee Vote
  S4190
  
  4
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 12, 2011
      
      aye (4)
      
      Alesi
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      aye wr (2)
      
      Peralta
      
      Zeldin
      
      excused (2)
      
      Diaz
      
      Squadron

Bill Amendments

Original

A (Active)

2011-S4190 - Details

See Assembly Version of this Bill:: A3411
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §17, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7557, A10809
2013-2014: S3653, A6969
2015-2016: S1627, A5440

2011-S4190 - 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.

2011-S4190 - 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.

2011-S4190 - Bill Text download pdf

                            
                    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

2011-S4190A (ACTIVE) - Details

See Assembly Version of this Bill:: A3411
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §17, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7557, A10809
2013-2014: S3653, A6969
2015-2016: S1627, A5440

2011-S4190A (ACTIVE) - 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.

2011-S4190A (ACTIVE) - 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.

2011-S4190A (ACTIVE) - Bill 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.