Senate Bill S7642

2015-2016 Legislative Session

Relates to branch offices of licensed manufacturers

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2016	referred to investigations and government operations

2015-S7642 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§10, 11 & 14, ABC L; amd §§270, 271 & 273, Exec L

2015-S7642 (ACTIVE) - Summary

Relates to the alcoholic beverage control division; provides for the filling of a vacancy of the chairman caused by death, resignation, removal or disability of such chairman; authorizes the chairman and commissioners to receive their salary and actual and necessary expenses; makes related provisions.

2015-S7642 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7642

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to branch offices of licensed manufacturers; and to amend
the executive law, in relation to the division of alcoholic beverage
control

 PURPOSE OF THE BILL :

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
allow the Governor, in the event of a vacancy in the office of the
Chairman of the Authority, to appoint an acting Chairman from among
the remaining Commissioners of the Authority. The bill would also
confirm that, if there are two vacancies among the Members, the
remaining Member could continue to exercise the powers of the
Authority.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend ABCL § 10 by distinguishing between
the Chairman of the Authority and the two Commissioners, all of whom
collectively make up the State Liquor Authority.

Section 2 of the bill would amend ABCL § 11 to make technical
corrections to reflect that the two Commissioners of the Authority are
compensated on a per diem basis.

Section 3 of the bill would amend ABCL § 14 to allow the Governor, in
the event of the death, resignation, removal or disability of the
Chairman of the Authority, to appoint from among the Commissioners in
office an acting Chairman to serve until the appointment and
qualification of a new Chairman. The amendment would also clarify that
a majority of the Members in office constitute a quorum for doing
business.

Section 4 of the bill would amend Executive Law § 270 by
distinguishing between the Chairman of the Authority and the two
Commissioners, all of whom collectively make up the State Liquor
Authority.

Section 5 of the bill would amend Executive Law § 271 to make
technical corrections to reflect that the two Commissioners of the
Authority are compensated on a per diem basis.

Section 6 of the bill would amend Executive Law § 273 to allow the
Governor, in the event of the death, resignation, removal or
disability of the Chairman of the Authority, to appoint from among the
Commissioners in office an acting Chairman to serve until the
appointment and qualification of a new Chairman. The amendment would
also clarify that a majority of the Members in office constitute a
quorum for doing business.

Section 7 of the bill would provide that it shall take effect
immediately after it shall have become law.

 JUSTIFICATION :

Currently the ABCL provides no means for the appointment of an acting
Chairman of the Authority in the event of the death, resignation,
removal or disability of the current Chairman. The ABCL is also not
clear as to whether a majority of the Members of the Authority
actually in office, or a majority of the statutorily provided number
of Members constitutes a quorum for doing business.

Chapter 118 of the Laws of 2012 amended various provisions of the ABCL
to vest sole administrative power over the State Liquor Authority with
the Chairman of the Authority. Those changes were effective until 2015
but were further extended until 2018 via Chapter 78 of the Laws of
2015. Prior to these changes, administrative power (including the
ability to hire and fire staff) was vested with the Members of the
Authority (also known as "the Full Board") acting collectively.  Any
action by the Full Board can only take place at a public meeting with
a majority of the Members present. In 2011, the two Commissioners of
the Authority, who had been serving on a full time basis, became per
diem appointments.

Since the Chairman now has sole administrative power, a vacancy in
that position can result in no person having administrative control
over the Authority. An example of such a situation took place this
year, upon the resignation of the then-Chairman. This bill would allow
the Governor to appoint, from among the Commissioners who have already
been confirmed by the Senate, an acting Chairman to serve until the
appointment and qualification of a replacement.

This bill would also clarify that a quorum of the Members actually in
office, rather than a majority of the members provided for by statute,
constitutes a quorum for the purposes of the Full Board doing business
(acting on applications, ruling on disciplinary matters, etc.). For
example, even if there is only one Member of the Authority in office,
he/she could still conduct the Full Board's business. Currently, there
are only two Members in office. This amendment would confirm that, in
the event of the death, resignation, removal or disability of one of
the Members, the remaining Member was vested with the power to
continue the business of the Full Board.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately after it becomes law.

2015-S7642 (ACTIVE) - Bill Text download pdf

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

                                  7642

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen. LANZA -- (at request of the State Liquor Authority)
  -- 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
  branch  offices  of licensed manufacturers; and to amend the executive
  law, in relation to the division of alcoholic beverage control

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  10  of  the  alcoholic  beverage control law, as
amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
follows:
  S 10. State liquor authority.  There shall continue to be in the exec-
utive  department  an  alcoholic  beverage control division, the head of
which shall be the state liquor authority [which]  WHOSE  MEMBERS  shall
consist  of [three members] A CHAIRMAN AND TWO COMMISSIONERS, [who shall
be known as commissioners,] all of whom shall be citizens and  residents
of  the  state.   The state alcoholic beverage control board created and
appointed pursuant to chapter one hundred eighty of the laws of nineteen
hundred thirty-three, as presently constituted, shall continue in exist-
ence and hereafter shall be known and designated  as  the  state  liquor
authority.    The terms "state alcoholic beverage control board", "state
board", "liquor authority", or "authority", wherever occurring in any of
the provisions of this chapter or of any other law, or in  any  official
books,  records,  instruments, rules or papers, shall hereafter mean and
refer to the state liquor authority provided for in this section.
  S 2. Section 11 of the alcoholic beverage control law, as  amended  by
section  2  of  part  E of chapter 57 of the laws of 2011, is amended to
read as follows:
  S 11. Appointment of authority. 1. The members of the authority  shall
be  appointed  by the governor by and with the advice and consent of the
senate. Not more than two members of the authority shall belong  to  the
same  political  party.  [The  chairman  of the state alcoholic beverage
control board heretofore appointed and designated by  the  governor  and
the remaining members of such board heretofore appointed by the governor

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

                                                           LBD14291-01-6

S. 7642                             2

shall  continue  to serve as chairman and members of the authority until
the expiration of the respective terms for which  they  were  appointed.
Upon  the  expiration  of  such  respective terms the successors of such
chairman and]
  2.  THE  members shall be appointed to serve for a term of three years
each and until their successors have been appointed and qualified.
  3. The commissioners[, other than the chairman shall,] when performing
the work of the authority, SHALL be compensated at a rate of two hundred
sixty dollars per day, together with an allowance for actual and  neces-
sary  expenses  incurred  in the discharge of their duties. The chairman
shall receive an  annual  salary  established  in  section  one  hundred
sixty-nine of the executive law.
  S  3.  Section 14 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 14. Vacancies; quorum. 1. In the event of a vacancy  caused  by  the
death,  resignation, removal or disability of any [member] COMMISSIONER,
the vacancy shall be filled by the governor by and with the  advice  and
consent of the senate for the unexpired term.
  2. IN THE EVENT OF A VACANCY CAUSED BY THE DEATH, RESIGNATION, REMOVAL
OR DISABILITY OF THE CHAIRMAN, THE VACANCY SHALL BE FILLED BY THE GOVER-
NOR  BY  AND WITH THE ADVICE AND CONSENT OF THE SENATE FOR THE UNEXPIRED
TERM. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  GOVERNOR  SHALL
DESIGNATE ONE OF THE COMMISSIONERS IN OFFICE TO SERVE AS ACTING CHAIRMAN
UNTIL THE APPOINTMENT AND QUALIFICATION OF A SUCCESSOR CHAIRMAN.
  3.  A majority of the members of the authority IN OFFICE shall consti-
tute a quorum for the purpose of conducting the business thereof  and  a
majority  vote  of  all  the  members  in  office shall be necessary for
action.
  S 4. Section 270 of the executive law, as amended by chapter 83 of the
laws of 1995, is amended to read as follows:
  S 270. Division of alcoholic beverage control; state liquor authority.
The head of the alcoholic beverage control division shall be  the  state
liquor  authority [which] WHOSE MEMBERS shall consist of [three members]
A CHAIRMAN AND TWO COMMISSIONERS, [who shall be known as commissioners,]
who shall be appointed by the governor,  by  and  with  the  advice  and
consent  of the senate[, and one of whom shall be designated as chairman
by the governor].
  Not more than two members of the state liquor authority  shall  belong
to  the  same political party. All of said members shall be citizens and
residents of the state. Such members shall be appointed to serve  for  a
term  of three years each and until their successors have been appointed
and qualified.
  S 5. Section 271 of the executive law is amended to read as follows:
  S 271. Salaries; expenses. [The] IN ADDITION TO THEIR RESPECTIVE SALA-
RY AS FIXED BY LAW, THE chairman and the [other  members]  COMMISSIONERS
of  the  authority  shall  [receive a salary to be fixed by the governor
within the amounts appropriated therefor. Each member of  the  authority
shall] also be entitled to [his] THEIR expenses actually and necessarily
incurred by [him] THEM in the performance of [his] THEIR duties.
  S 6. Section 273 of the executive law, as amended by chapter 83 of the
laws of 1995, is amended to read as follows:
  S 273. Vacancies;  quorum.  1.  In  the  event  of a vacancy caused by
death,  resignation,  removal  or   disability   of   [any   member]   A
COMMISSIONER,  the  vacancy  shall be filled by the governor by and with
the advice and consent of the senate for the unexpired term.

S. 7642                             3

  2. IN THE EVENT OF A VACANCY CAUSED BY THE DEATH, RESIGNATION, REMOVAL
OR DISABILITY OF THE CHAIRMAN, THE VACANCY SHALL BE FILLED BY THE GOVER-
NOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE FOR  THE  UNEXPIRED
TERM.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, THE GOVERNOR SHALL
DESIGNATE ONE OF THE COMMISSIONERS TO SERVE AS ACTING CHAIRMAN UNTIL THE
APPOINTMENT AND QUALIFICATION OF A SUCCESSOR CHAIRMAN.
  3.  A majority of the members of the authority IN OFFICE shall consti-
tute a quorum for the purpose of conducting the business thereof  and  a
majority  vote  of  all  the  members  in  office shall be necessary for
action.
  S 7. This act shall take effect immediately.

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Senate Bill S7642

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2015-S7642 (ACTIVE) - Details

2015-S7642 (ACTIVE) - Summary

2015-S7642 (ACTIVE) - Sponsor Memo

2015-S7642 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2015-S7642 (ACTIVE) - Details

2015-S7642 (ACTIVE) - Summary

2015-S7642 (ACTIVE) - Sponsor Memo

2015-S7642 (ACTIVE) - Bill Text download pdf

Comments