BILL NUMBER:S4875

TITLE OF BILL:  An act to amend chapter 118 of the laws of 2012 amending
the alcoholic beverage control law relating to the powers of the chair-
man and members of the authority, in relation to the effectiveness of
certain provisions thereof

Purpose of the Bill:  This bill would extend for three years changes
made to sections 15, 17 and 18 of the Alcoholic Beverage Control Law
("ABCL") via Chapter 118 of the Laws of 2012 that delegated to the
Chairman of the State Liquor Authority exclusive executive authority
over the State Liquor Authority and the Division of Alcoholic Beverage
Control.

Summary of provisions:

Section 1 of the bill would amend Chapter 118 of the Laws of 2012, by
extending the expiration date of same for three years from July 18, 2015
until July 18, 2018.

Section 2 of the bill would make the amendment effective immediately.

Existing law:  Prior to enactment of Chapter 118 of the Laws of 2012,
the powers which this bill would continue to extend to the Chairman were
vested in the board of the State Liquor Authority. Pursuant to the budg-
et for State Fiscal Year 2011-12, all Members of the Authority except
              

the Chairman became per diem members of the board, with the goal of
vesting day-to-day exclusive executive authority over the State Liquor
Authority and the Division of Alcoholic Beverage Control in the Chair-
man.

Legislative History:  As stated above, this is a proposal to extend for
three years amendments to ABCL §§ 15, 17 and 18 that were made via Chap-
ter 118 of the Laws of 2012.

Statement in support:  Extension of these amendments will allow the
Authority to continue to operate in keeping with recommendations of the
New York State Law Revision Commission, who stated in their Report on
the Alcoholic Beverage Control Law and its Administration ("Report"), in
relevant part, as follows (Report, p.25):

The ABC Law should be amended to grant the Chairman of the Authority
exclusive executive authority over both the division of alcoholic bever-
age control and the Authority, including the authority to hire, assign,
and fire deputies, counsels, assistants, investigators and all other
employees within the limits of the agency appropriation, in consultation
with the other members of the Authority, removing all such responsibil-
ity from the Authority.

ABC Law §§ 15 and 17(4) formerly delegated the power to hire and fire to
the three-member State Liquor Authority acting as a Full Board.  The Law
Revision Commission noted that the full board control over hiring and

firing may well prevent employment decisions from being made where there
is a vacancy on the Full Board and a disagreement between the two serv-
ing board members (Report, p. 122):

Although by statute, the Chairman has administrative control, he does
not have the power to hire and fire. The entire Board has to agree on an
employment decision. If there were not unanimous agreement between the
two current Commissioners, no employment decisions could be made.

Even where the Authority's board is fully staffed with its three
members, the Chairman's ability to take administrative action may be
called into question by a challenge to the scope of his authority
(Report, p.129):

The multiple agency head exercising administrative authority could
result in the Chairman being undermined if the other members disagree
with him or her. For example, in 2008, two of the Commissioners disa-
greed with certain actions of the Chairman so they voted to rescind
previous delegations of authority to the Chairman.

Chapter 118 of the Laws of 2012, in the first instance, sought to imple-
ment the Law Revision Commission recommendation that the Chairman be
delegated exclusive administrative control over hiring and firing. These
sections also make clear the scope of the Chairman's authority over
budget and fiscal matters, the submission of required reports, and the
development of minimum criteria for ATAP.

In addition, providing the Chairman, rather than the Full Board, with
administrative power over the agency recognizes the impact of another
significant change made to the organizational structure of the State
Liquor Authority. Commencing in Fiscal Year 2011-2012, the Commissioners
of the Authority are no longer "full time" employees.  Instead, they
serve on a per diem basis centered primarily on their duties at Full
Board meetings. The Chairman, as the sole remaining "full time" Member
of the Authority, is best situated to address the administrative func-
tions of the agency.

Extension of the delegation of administrative functions to the exclusive
control of the Chairman does not diminish the regulatory powers exer-
cised by the three-member Authority. The three members of the Authority,
acting together as a full board, will continue to regulate alcoholic
beverage traffic within the State. Briefly stated, ABCL § 17 will
continue to empower the three-member Authority:

1. To approve or disapprove license and permit applications;

2. To limit the number of licenses of each class to be issued within the
state or any political subdivision thereof;

3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter;

4. To fix by rule the standards in the manufacture of alcoholic beverag-
es to be sold or consumed in the state;

5. To hold hearings, subpoena and examine any person under oath, and
require the production of any books or papers relative to the inquire;

6. To prohibit during a period of a public emergency the sale of any or
all alcoholic beverages;

7. To delegate the powers provided in this section to the chairman, or
to such other officers or employees as may be designated by the chair-
man;

8. To appoint advisory groups; and

9. To approve or disapprove the request of a county legislative body to
restrict or modify the legal hours of sale within such county.

Thus, while extending the grant of exclusive administrative authority to
the Chairman, this legislation also prudently preserves for the Full
Board those functions best performed by a deliberative body, and those
regulatory determinations involving broad policy considerations that are
best left to a contemplative body.

Budget implications:  None.

Local impact:  None.

Effective Date:  This act shall take effect immediately.