Senate Bill S3653A

                                BILL NUMBER:S3653A

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:

§ 2-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.  § 3- 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 arc 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 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.

LEGISLATIVE HISTORY:

2011-12: S.4190-A Third Reading/3411-B Codes
2009-10: S.7557 Investigations and Government-Operations/A.10809 Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2016.