NY State Senate Bill 2021-S7360

Senate Bill S7360

Signed By Governor

2021-2022 Legislative Session

Requires curriculum related to human trafficking awareness to be included in alcohol training awareness programs

download bill text pdf

Archive: Last Bill Status Via A9821 - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2022	approval memo.11 signed chap.392
Jul 11, 2022	delivered to governor
May 11, 2022	returned to assembly passed senate 3rd reading cal.796 substituted for s7360
May 11, 2022	substituted by a9821
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.796
Jan 05, 2022	referred to investigations and government operations
Sep 03, 2021	referred to rules

Votes

- May 11, 2022 - Floor Vote
  A9821
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  Apr 25, 2022 - Investigations And Government Operations Committee Vote
  S7360
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 25, 2022
      
      aye (7)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis

co-Sponsors

2021-S7360 (ACTIVE) - Details

See Assembly Version of this Bill:: A9821
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§18 & 17, ABC L

2021-S7360 (ACTIVE) - Summary

Requires curriculum related to human trafficking awareness to be included in alcohol training awareness programs; requires such training to be developed in conjunction with and approved by the New York state interagency task force on human trafficking.

2021-S7360 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7360

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
requiring curriculum related to human trafficking awareness to be
included in alcohol training awareness programs

 
PURPOSE:

To implement a requirement that human trafficking awareness trainings be
included in all SLA certified Alcohol Training Awareness Program

(ATAP) bartending courses that are recognized in New York State.

 
SUMMARY OF PROVISIONS:

Section 1: amends Subdivision 10 of section 18 of the alcoholic beverage
control law by adding a requirement that all alcohol training awareness
programs that the chairman develops include training related to human

trafficking awareness, to be developed in conjunction with, and approved
by, the New York state interagency task force on human trafficking

Section 2: amends Subdivision 12 of section 17 of the alcoholic beverage
control law by adding a requirement that all alcohol training awareness
programs that the authority develops include training related to human
trafficking awareness, to be developed in conjunction with, and approved
by, the New York state interagency task force on human trafficking.

Section 3: Sets effective date.

 
JUSTIFICATION:

The SLA currently recognizes 34 bartending courses as part of its Alco-
hol Training Awareness Program (ATAP), which trains licensees and their
employees in the appropriate and lawful sales of alcoholic beverages.

Bars and restaurant staff can be gatekeepers for victims of human traf-
ficking, and could be the key difference makers in assisting those
victims out of their situations.

This legislation will make it a requirement that a human trafficking
training component be included in all ATAP courses in order to be recog-
nized by the NYS SLA. This will increase both awareness and understand-
ing of the signs of trafficking and how to report for employees in the
bar and restaurant industry, to make employees better equipped to prop-
erly identify and assist victims.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law, provided, however, that the amendments to subdivision 10
of section 18 of the alcoholic beverage control law made by section one
of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith; and provided further that section
two of this act shall take effect on the same date as the reversion of
subdivision 12 of section 17 of the alcoholic beverage control law as
provided in section 4 of chapter 118 of the laws of 2012, as amended.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.

2021-S7360 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7360
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             September 3, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   requiring  curriculum  related  to  human  trafficking awareness to be
   included in alcohol training awareness programs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  10  of  section 18 of the alcoholic beverage
 control law, as added by chapter 118 of the laws of 2012, is amended  to
 read as follows:
   10. (A) To develop and establish minimum criteria for alcohol training
 awareness programs which may be given and administered by schools; other
 entities  including  trade  associations whose members are engaged in or
 involved in  the  retail  sale  of  alcoholic  beverages;  national  and
 regional  franchisors  who  have granted at least five franchises in the
 state which are  licensed  to  sell  beer  at  retail  for  off-premises
 consumption;  licensees authorized to sell alcoholic beverages at retail
 for off-premises consumption operating five or more  licensed  premises;
 and  persons  interested, whether as an individual proprietor or partner
 or officer or member of a limited liability company,  in  five  or  more
 licensees authorized to sell alcoholic beverages at retail for off-prem-
 ises  consumption.  The  authority  shall  provide  for  the issuance of
 certificates of approval to all  certified  alcohol  training  awareness
 programs.  Certificates  of approval may be revoked by the authority for
 failure to adhere to the authority's rules and regulations.  Such  rules
 and regulations shall afford those who have been issued a certificate of
 approval  an  opportunity  for  a  hearing prior to any determination of
 whether such certificate should be revoked.
   (B) No licensee shall be required to apply for any such certificate or
 renewal certificate and the licensee may voluntarily  surrender  such  a
 certificate  or  renewal certificate at any time. A fee in the amount of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13136-02-1

 S. 7360                             2
 
 nine hundred dollars shall be paid to the authority with  each  applica-
 tion for a certificate of approval or renewal certificate. The authority
 shall  promptly  refund  such  fee to an applicant whose application was
 denied. Each certificate of approval and renewal thereof shall be issued
 for a period of three years. To effectuate the provisions of this subdi-
 vision,  the  authority  is  empowered  to require in connection with an
 application the submission of such  information  as  the  authority  may
 direct;  to  prescribe forms of applications and of all reports which it
 deems necessary to be made by any applicant or  certificate  holder;  to
 conduct  investigations;  to  require  the maintenance of such books and
 records as the authority may direct; to revoke, cancel, or  suspend  for
 cause  any  certificate  provided  for  in this subdivision. Each entity
 authorized to give and administer an alcohol training awareness  program
 shall  issue  certificates  of completion to all licensees and employees
 who successfully complete such an approved  alcohol  training  awareness
 program.  Such  entity  shall  regularly  transmit  to the authority the
 names, addresses and dates  of  attendance  of  all  the  licensees  and
 employees  of  licensees  who  successfully complete an approved alcohol
 training awareness program.  Such transmittal shall be  in  a  form  and
 manner  prescribed by the authority. The authority shall adopt rules and
 regulations to effectuate the provisions of this subdivision,  including
 the  minimum  requirements  for  the  curriculum  of  each such training
 program and the regular ongoing training of  employees  holding  certif-
 icates of completion or renewal certificates. Such rules and regulations
 shall  include  the  minimum  requirements for a separate curriculum for
 licensees and their employees authorized to sell alcoholic beverages  at
 retail for off-premises consumption, minimum requirements for a separate
 curriculum for licensees and their employees authorized to sell alcohol-
 ic  beverages  at  retail for on-premises consumption, and the form of a
 certificate of completion or renewal thereof to be issued in respect  to
 each  such  type of program.  SUCH RULES AND REGULATIONS SHALL INCLUDE A
 REQUIREMENT THAT ALL CURRICULUMS INCLUDE TRAINING RELATED TO HUMAN TRAF-
 FICKING AWARENESS.  SUCH HUMAN TRAFFICKING AWARENESS TRAINING CURRICULUM
 SHALL BE DEVELOPED IN CONJUNCTION WITH, AND APPROVED BY,  THE  NEW  YORK
 STATE  INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING. SUCH HUMAN TRAFFICK-
 ING AWARENESS TRAINING PROGRAM  SHALL  BE  IMPLEMENTED  BY  EACH  ENTITY
 AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM.
 ANY  SUCH  ENTITY  THAT DOES NOT IMPLEMENT A HUMAN TRAFFICKING AWARENESS
 PROGRAM AS PART OF ITS CURRICULUM  SHALL  NO  LONGER  BE  AUTHORIZED  TO
 ADMINISTER  ANY  ALCOHOL  TRAINING  AWARENESS  PROGRAM  AND SHALL NOT BE
 ELIGIBLE TO BE CERTIFIED AS A STATE LIQUOR AUTHORITY SCHOOL.  ANY  ALCO-
 HOL  TRAINING AWARENESS PROGRAM THAT IS CURRENTLY CERTIFIED BY THE STATE
 LIQUOR AUTHORITY SHALL LOSE ITS CERTIFICATION IF SUCH PROGRAM  FAILS  TO
 INCLUDE HUMAN TRAFFICKING AWARENESS TRAINING AS PART OF ITS CURRICULUM.
   (C) A certificate of completion or renewal thereof issued by an entity
 authorized  to give and administer an alcohol training awareness program
 pursuant to this subdivision to licensees and their employees authorized
 to sell alcoholic beverages at retail for off-premises consumption shall
 not be invalidated by a change of employment to another such licensee. A
 certificate of completion or renewal thereof issued by an entity author-
 ized to give and administer an alcohol training awareness program pursu-
 ant to this subdivision to licensees and their employees  authorized  to
 sell alcoholic beverages at retail for on-premises consumption shall not
 be  invalidated  by  a  change  of  employment to another such licensee.
 Attendance at any course established pursuant to this section  shall  be

 S. 7360                             3
 
 in  person,  through  distance  learning methods, or through an internet
 based online program.
   §  2.  Subdivision  12 of section 17 of the alcoholic beverage control
 law, as amended by chapter 549 of the laws of 2001,  the  closing  para-
 graph  as amended by chapter 435 of the laws of 2010, is amended to read
 as follows:
   12. (A) To develop and establish minimum criteria for alcohol training
 awareness programs which may be given and administered by schools; other
 entities including trade associations whose members are  engaged  in  or
 involved  in  the  retail  sale  of  alcoholic  beverages;  national and
 regional franchisors who have granted at least five  franchises  in  the
 state  which  are  licensed  to  sell  beer  at  retail for off-premises
 consumption; licensees authorized to sell alcoholic beverages at  retail
 for  off-premises  consumption operating five or more licensed premises;
 and persons interested, whether as an individual proprietor  or  partner
 or  officer  or  member  of a limited liability company, in five or more
 licensees authorized to sell alcoholic beverages at retail for off-prem-
 ises consumption. The  authority  shall  provide  for  the  issuance  of
 certificates  of  approval  to  all certified alcohol training awareness
 programs. Certificates of approval may be revoked by the  authority  for
 failure  to  adhere to the authority's rules and regulations. Such rules
 and regulations shall afford those who have been issued a certificate of
 approval an opportunity for a hearing  prior  to  any  determination  of
 whether such certificate should be revoked.
   (B) No licensee shall be required to apply for any such certificate or
 renewal  certificate  and  the licensee may voluntarily surrender such a
 certificate or renewal certificate at any time. A fee in the  amount  of
 nine  hundred  dollars shall be paid to the authority with each applica-
 tion for a certificate of approval or renewal certificate. The authority
 shall promptly refund such fee to an  applicant  whose  application  was
 denied. Each certificate of approval and renewal thereof shall be issued
 for a period of three years. To effectuate the provisions of this subdi-
 vision,  the  authority  is  empowered  to require in connection with an
 application the submission of such  information  as  the  authority  may
 direct;  to  prescribe forms of applications and of all reports which it
 deems necessary to be made by any applicant or  certificate  holder;  to
 conduct  investigations;  to  require  the maintenance of such books and
 records as the authority may direct; to revoke, cancel, or  suspend  for
 cause  any  certificate  provided  for  in this subdivision. Each entity
 authorized to give and administer an alcohol training awareness  program
 shall  issue  certificates  of completion to all licensees and employees
 who successfully complete such an approved  alcohol  training  awareness
 program.  Such  entity  shall  regularly  transmit  to the authority the
 names, addresses and dates  of  attendance  of  all  the  licensees  and
 employees  of  licensees  who  successfully complete an approved alcohol
 training awareness program.  Such transmittal shall be  in  a  form  and
 manner  prescribed by the authority. The authority shall adopt rules and
 regulations to effectuate the provisions of this subdivision,  including
 the  minimum  requirements  for  the  curriculum  of  each such training
 program and the regular ongoing training of  employees  holding  certif-
 icates of completion or renewal certificates. Such rules and regulations
 shall  include  the  minimum  requirements for a separate curriculum for
 licensees and their employees authorized to sell alcoholic beverages  at
 retail for off-premises consumption, minimum requirements for a separate
 curriculum for licensees and their employees authorized to sell alcohol-
 ic  beverages  at  retail for on-premises consumption, and the form of a

 S. 7360                             4

 certificate of completion or renewal thereof to be issued in respect  to
 each  such  type of program.  SUCH RULES AND REGULATIONS SHALL INCLUDE A
 REQUIREMENT THAT ALL CURRICULUMS INCLUDE TRAINING RELATED TO HUMAN TRAF-
 FICKING AWARENESS.  SUCH HUMAN TRAFFICKING AWARENESS TRAINING CURRICULUM
 SHALL  BE  DEVELOPED  IN CONJUNCTION WITH, AND APPROVED BY, THE NEW YORK
 STATE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING. SUCH HUMAN  TRAFFICK-
 ING  AWARENESS  TRAINING  PROGRAM  SHALL  BE  IMPLEMENTED BY EACH ENTITY
 AUTHORIZED TO GIVE AND ADMINISTER AN ALCOHOL TRAINING AWARENESS PROGRAM.
 ANY SUCH ENTITY THAT DOES NOT IMPLEMENT A  HUMAN  TRAFFICKING  AWARENESS
 PROGRAM  AS  PART  OF  ITS  CURRICULUM  SHALL NO LONGER BE AUTHORIZED TO
 ADMINISTER ANY ALCOHOL TRAINING  AWARENESS  PROGRAM  AND  SHALL  NOT  BE
 ELIGIBLE  TO BE CERTIFIED AS A STATE LIQUOR AUTHORITY SCHOOL.  ANY ALCO-
 HOL TRAINING AWARENESS PROGRAM THAT IS CURRENTLY CERTIFIED BY THE  STATE
 LIQUOR  AUTHORITY  SHALL LOSE ITS CERTIFICATION IF SUCH PROGRAM FAILS TO
 INCLUDE HUMAN TRAFFICKING AWARENESS TRAINING AS PART OF ITS CURRICULUM.
   (C) A certificate of completion or renewal thereof issued by an entity
 authorized to give and administer an alcohol training awareness  program
 pursuant to this subdivision to licensees and their employees authorized
 to sell alcoholic beverages at retail for off-premises consumption shall
 not be invalidated by a change of employment to another such licensee. A
 certificate of completion or renewal thereof issued by an entity author-
 ized to give and administer an alcohol training awareness program pursu-
 ant  to  this subdivision to licensees and their employees authorized to
 sell alcoholic beverages at retail for on-premises consumption shall not
 be invalidated by a change  of  employment  to  another  such  licensee.
 Attendance  at  any course established pursuant to this section shall be
 in person, through distance learning methods,  or  through  an  internet
 based online program.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law, provided, however, that the amendments to subdivision
 10 of section 18 of the alcoholic beverage control law made  by  section
 one  of this act shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith; and provided further  that  section
 two  of  this act shall take effect on the same date as the reversion of
 subdivision 12 of section 17 of the alcoholic beverage  control  law  as
 provided  in  section  4 of chapter 118 of the laws of 2012, as amended.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7360

Share this bill

Sponsored By

James Skoufis