NY State Senate Bill 2017-S6120

Senate Bill S6120

Signed By Governor

2017-2018 Legislative Session

Authorizes the electronic filing of applications for a brand or trade name label for an alcoholic beverage

download bill text pdf

Archive: Last Bill Status Via A8242 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2017	signed chap.369
Oct 11, 2017	delivered to governor
Jun 20, 2017	returned to assembly passed senate 3rd reading cal.2059 substituted for s6120
Jun 20, 2017	substituted by a8242 ordered to third reading cal.2059 committee discharged and committed to rules
May 11, 2017	referred to investigations and government operations

Votes

- Jun 20, 2017 - Floor Vote
  A8242
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Diaz
  Jun 20, 2017 - Rules Committee Vote
  S6120
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky

co-Sponsors

2017-S6120 (ACTIVE) - Details

See Assembly Version of this Bill:: A8242
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §107-a, ABC L

2017-S6120 (ACTIVE) - Summary

Authorizes the electronic filing of applications for a brand or trade name label for an alcoholic beverage; authorizes the imposition of a fee of not more than $10 for the filing of such a name; extends the term of a label registration from 1 year to 3 years.

2017-S6120 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6120

 TITLE OF BILL :  An act to amend the alcoholic beverage control law,
in relation to electronic filing and expanding brand label
registrations from one year to three years

 PURPOSE :

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
permit brand label registration applications to be submitted
electronically, and to permit a processing fee to be charged by the
State Liquor Authority, or a third party provider, to those who file
electronically. Currently, the law requires brand label registrations
to be filed by certified mail, registered mail, or overnight mail.
This bill would also require brand label registrations to be filed
every three years rather than every year.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend ABCL § 107-a(4)(a)(1) to add
electronic filing to the list of available means for filing of brand
label applications with the Authority, and would also allow the
Authority to charge brand label applicants a processing fee payable
either to the Authority or to a third party provider.

Section 2 of the bill would amend ABCL § 107-a(4)(a)(2) to add

electronic filing to the list of available application filing methods
for which applications are deemed registered and approved after 30
days of filing, absent objection by the Authority.

Section 3 of the bill would amend ABCL § 107-a(4)(b) to extend the
duration of brand label registrations for alcoholic beverages from one
year to three years.

Section 4 of the bill would make the amendment effective immediately.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

ABCL § 107-a(4)(a)(1) currently allows for filing of brand label
applications only via "certified mail return receipt requested,
registered mail return receipt requested, or overnight delivery
service with proof of mailing...." ABCL § 107-a(4)(a)(1) further
requires that brand label applications be accompanied by the
appropriate fee depending upon beverage type, but does not provide for
a processing fee either paid to the Authority or to a third party
provider. Finally, ABCL § 107-a(4)(b) currently limits the Authority
to issuing alcoholic beverage brand label registrations for one year
terms, which are to be pro-rated for partial years.

This bill would authorize the Authority to relieve regulatory and
paperwork burdens on manufacturers and brand owners of alcoholic
beverages, as well as on agency staff, by enabling the Authority to
accept brand label applications via electronic filing, and to allow
brand label registrations to be issued for three year periods. It will
also enable the Authority to charge a processing fee for third party
providers, thus allowing the Authority greater flexibility in
budgeting for and implementing future possible electronic filing
alternatives.

 BUDGET IMPLICATIONS :

None.
 EFFECTIVE DATE :
Effective immediately.

2017-S6120 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6120
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by Sen. MURPHY -- (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 elec-
   tronic filing and expanding brand label registrations from one year to
   three years
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs  1 and 2 of paragraph a of subdivision 4 of
 section 107-a of the alcoholic beverage control law, as amended by chap-
 ter 354 of the laws of 2013, are amended to read as follows:
   (1) The application for registration of a brand or  trade  name  label
 shall  be  filed  by certified mail return receipt requested, registered
 mail return receipt requested,  [or]  overnight  delivery  service  with
 proof  of mailing, OR VIA ELECTRONIC FILING, on a form prescribed by the
 authority, and shall contain such information  as  the  authority  shall
 require.  Such  application  shall be accompanied by the appropriate fee
 prescribed by paragraph (b) of this subdivision AND MAY ALSO  REQUIRE  A
 PROCESSING  FEE OF NO MORE THAN TEN DOLLARS PAID TO EITHER THE AUTHORITY
 OR A THIRD PARTY PROVIDER.
   (2) Provided, however, where a brand or  trade  name  label  has  been
 approved  by  the Alcohol and Tobacco Tax and Trade Bureau of the United
 States Department  of  Treasury,  it  shall  be  deemed  registered  and
 approved by the authority if:
   (i)  the  applicant  submits on a form prescribed by the authority, by
 certified mail return receipt requested, registered mail return  receipt
 requested,  or  overnight delivery service with proof of mailing, OR VIA
 ELECTRONIC FILING, a true copy of the brand or trade name label approval
 issued by the Alcohol and Tobacco Tax and Trade  Bureau  of  the  United
 States  Department  of Treasury along with the appropriate fee as estab-
 lished in paragraph (b) of this subdivision; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10061-01-7

 S. 6120                             2
 
   (ii) the authority does not deny such application within  thirty  days
 after receipt.
   §  2. Paragraph (b) of subdivision 4 of section 107-a of the alcoholic
 beverage control law, as amended by chapter 354 of the laws of 2013,  is
 amended to read as follows:
   (b)  The  annual fee for registration of any brand or trade name label
 for liquor shall be two hundred fifty dollars; the annual fee for regis-
 tration of any brand or trade name label for beer or cider shall be  one
 hundred  fifty  dollars; the annual fee for registration of any brand or
 trade name label for wine or wine products shall be fifty dollars.  Such
 fee shall be in the form of a check or draft. No annual fee  for  regis-
 tration  of  any brand or trade name label for wine shall be required if
 it has been approved by the Alcohol and Tobacco Tax and Trade Bureau  of
 the United States Department of Treasury pursuant to this section.
   Each  brand or trade name label registration approved pursuant to this
 section shall be valid for a term of [one year] THREE YEARS as set forth
 by the authority and which shall  be  pro-rated  for  partial  years  as
 applicable.
   Each  brand or trade name label registration approved pursuant to this
 section shall be valid only for the licensee to whom  issued  and  shall
 not be transferable.
   § 3. This act shall take effect immediately.

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Senate Bill S6120

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Sponsored By

Terrence Murphy