senate Bill S3653A

2013-2014 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 20, 2014 committed to rules
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.303
Jan 27, 2014 print number 3653a
amend and recommit to investigations and government operations
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.482
Feb 08, 2013 referred to investigations and government operations

Votes

view votes

Mar 18, 2014 - Investigations and Government Operations committee Vote

S3653A
6
1
committee
6
Aye
1
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: Mar 18, 2014

nay (1)
aye wr (2)

Apr 30, 2013 - Investigations and Government Operations committee Vote

S3653
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 30, 2013

nay (1)
aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S3653 - Bill Details

See Assembly Version of this Bill:
A6969A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4190A, A3411B, A4190A
2009-2010: S7557, A10809, A9458

S3653 - 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:S3653

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.

§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 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 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, 2015.

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

                                  3653

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 8, 2013
                               ___________

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 10 to read as follows:
  10.  TO  PROMULGATE  ANY RULE OR REGULATION NECESSARY TO IMPLEMENT ANY
PROVISION OF THIS CHAPTER.
  S 2. 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 3. This act shall take effect immediately; provided that the  amend-
ments  to  section  17  of  the  alcoholic  beverage control law made by
section one of this act shall be subject to the expiration and reversion
of such section pursuant to section 4 of chapter  118  of  the  laws  of
2012,  as  amended, when upon such date the provisions of section two of
this act shall take effect; and provided further, that nothing contained
in this act shall be construed so as to extend the  provisions  of  this
act  beyond December 31, 2015, when upon such date this act shall expire
and the provisions contained in this act shall be deemed repealed.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08775-01-3

S3653A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6969A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §17, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4190A, A3411B, A4190A
2009-2010: S7557, A10809, A9458

S3653A (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: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.

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

                                 3653--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 8, 2013
                               ___________

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 10 to read as follows:
  10. TO PROMULGATE ANY RULE OR REGULATION NECESSARY  TO  IMPLEMENT  ANY
PROVISION OF THIS CHAPTER.
  S  2.  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  3. This act shall take effect immediately; provided that the amend-
ments to section 17 of  the  alcoholic  beverage  control  law  made  by
section one of this act shall be subject to the expiration and reversion
of  such  section  pursuant  to  section 4 of chapter 118 of the laws of
2012, as amended, when upon such date the provisions of section  two  of
this act shall take effect; and provided further, that nothing contained
in  this  act  shall be construed so as to extend the provisions of this
act beyond December 31, 2016, when upon such date this act shall  expire
and the provisions contained in this act shall be deemed repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08775-02-4

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