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.

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S4190A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.536
• Jan 24, 2012: PRINT NUMBER 4190A
• Jan 24, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jun 24, 2011: COMMITTED TO RULES
• May 2, 2011: ADVANCED TO THIRD READING
• Apr 13, 2011: 2ND REPORT CAL.
• Apr 12, 2011: 1ST REPORT CAL.363
• Mar 23, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4190A-2011 Meetings

Investigations and Government Operations: Apr 18, 2012

S4190A-2011 Calendars

Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S4190A-2011 Votes

S4190A-2011 Memo

BILL NUMBER:S4190A

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.

LEGISLATIVE HISTORY:

2009-2010: S.7557/A.10809

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall
expire and be deemed repealed December 31, 2014.

S4190A-2011 Text

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

                                   4190--A

                         2011-2012 Regular Sessions

                              I N  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