Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 11, 2015 |
tabled vetoed memo.281 |
Nov 30, 2015 |
delivered to governor |
Jun 16, 2015 |
returned to assembly passed senate substituted for s4446a |
Jun 16, 2015 |
substituted by a5920a |
Jun 01, 2015 |
advanced to third reading |
May 28, 2015 |
2nd report cal. amended 4446a |
May 27, 2015 |
1st report cal.932 |
Mar 20, 2015 |
referred to investigations and government operations |
Senate Bill S4446
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status Via A5920 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2015-S4446 - Details
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §§17 & 118, ABC L
2015-S4446 - Sponsor Memo
BILL NUMBER:S4446 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to limiting the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless the conduct in question amounts to an independent violation of the alcoholic beverage control law or has resulted in a criminal conviction in another state PURPOSE OR GENERAL IDEA OF BILL: To amend the alcoholic beverage control law to clarify the State Liquor Authority's (SLA) legal authority to enforce what it perceives that the laws of other states require concerning any New York State issued license or permit. The bill provides that the SLA cannot make any judgment as to the requirements of any other state as to a particular licensee/permittee until such licensee/permittee has exhausted its due process rights in such other state. SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, stating the liquor authority shall not have the power to revoke, cancel, or suspend any license or impose any civil penalty against any holder of a license or permit based upon conduct which the authority determines to be in violation of the laws of another state,
2015-S4446 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4446 2015-2016 Regular Sessions I N S E N A T E March 20, 2015 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to limiting the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless the conduct in question amounts to an independent violation of the alcoholic beverage control law or has resulted in a criminal conviction in another state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, is amended to read as follows: 3. To revoke, cancel or suspend for cause any license or permit issued under this chapter and/or to impose a civil penalty for cause against any holder of a license or permit issued pursuant to this chapter, PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO REVOKE, CANCEL, OR SUSPEND ANY LICENSE OR IMPOSE ANY CIVIL PENALTY AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT WHICH THE AUTHORITY DETERMINES TO BE IN VIOLATION OF THE LAWS OF ANOTHER STATE, UNLESS SUCH CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION OF THIS CHAPTER, OR UNLESS DUE PROCESS OF LAW HAS BEEN PROVIDED BY AUTHORITIES OF COMPETENT JURISDICTION IN SUCH OTHER STATE AND THE LICENSEE OR PERMITTEE IS FOUND GUILTY BY SUCH AUTHORITIES OF VIOLATING SUCH STATE'S LAWS. Any civil penalty so imposed shall not exceed the sum of ten thousand dollars as against the holder of any retail permit issued pursuant to sections ninety-five, ninety-seven, ninety-eight, ninety- nine-d, and paragraph f of subdivision one of section ninety-nine-b of this chapter, and as against the holder of any retail license issued pursuant to sections [fifty-two,] fifty-three-a, fifty-four, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09265-01-5
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C, IP) 62nd Senate District
2015-S4446A (ACTIVE) - Details
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §§17 & 118, ABC L
2015-S4446A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4446A TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to limiting the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless the conduct in question amounts to an independent violation of the alcoholic beverage control law or has resulted in a criminal conviction in another state PURPOSE OR GENERAL IDEA OF BILL: To amend the alcoholic beverage control law to clarify the State Liquor Authority's (SLA) legal authority to enforce what it perceives that the laws of other states require concerning any New York State issued license or permit. The bill provides that the SLA cannot make any judgment as to the requirements of any other state as to a particular licensee/permittee until such licensee/permittee has exhausted its due process rights in such other state. SUMMARY OF PROVISIONS: Section 1. Amends Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, stating the liquor authority shall not have the power to revoke, cancel, or suspend any license or impose any civil penalty against any holder of a license or permit based upon conduct which the authority determines to be in violation of the laws of another state,
2015-S4446A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4446--A Cal. No. 932 2015-2016 Regular Sessions I N S E N A T E March 20, 2015 ___________ Introduced by Sens. BOYLE, AMEDORE, CROCI, MARCHIONE, RANZENHOFER, ROBACH, SERRANO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the alcoholic beverage control law, in relation to limiting the authority of the state liquor authority to penalize licensees based on perceived violations of the laws of other states, unless the conduct in question amounts to an independent violation of the alcoholic beverage control law or has resulted in a criminal conviction in another state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as amended by section 2 of chapter 355 of the laws of 2013, is amended to read as follows: 3. To revoke, cancel or suspend for cause any license or permit issued under this chapter and/or to impose a civil penalty for cause against any holder of a license or permit issued pursuant to this chapter, PROVIDED, HOWEVER, THAT THE LIQUOR AUTHORITY SHALL NOT HAVE THE POWER TO REVOKE, CANCEL OR SUSPEND ANY LICENSE OR IMPOSE ANY CIVIL PENALTY AGAINST ANY HOLDER OF A LICENSE OR PERMIT BASED UPON CONDUCT OUTSIDE NEW YORK, OR VIOLATIONS OF ANOTHER STATE'S LAW, UNLESS, FOLLOWING DUE PROC- ESS OF LAW, INCLUDING, BUT NOT LIMITED TO A FULL OPPORTUNITY TO BE HEARD THE AUTHORIZED PUBLIC AGENCY OR OFFICIAL HAVING LAWFUL JURISDICTION DETERMINES THAT SUCH LICENSEE OR PERMITTEE HAS VIOLATED SUCH STATE'S LAWS OR REGULATIONS, SUCH DETERMINATION IS FINAL, AND EITHER: (A) SUCH WRONGFUL CONDUCT INDEPENDENTLY VIOLATES A SPECIFIC PROVISION OF THIS CHAPTER; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09265-04-5
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