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.
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.
§ 2- 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 accomplish those goals in an expedited fashion, it stands to reason that giving the SLA general rulemaking authority for three years is an appropriate action to take at this time.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed December 31, 2014.
STATE OF NEW YORK ________________________________________________________________________ 4190--A 2011-2012 Regular Sessions IN SENATE March 23, 2011 ___________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 15 to read as follows: 15. TO PROMULGATE ANY RULE OR REGULATION NECESSARY TO IMPLEMENT ANY PROVISION OF THIS CHAPTER. S 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2014.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06365-04-2