BILL NUMBER:S1627

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 10 to promulgate rules and regulations necessary to
implement any provision of this chapter. § 2-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.

§ 3- 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 two years is an
appropriate action to take at this time.

LEGISLATIVE HISTORY:

2013-14: S.3653-A Rules/A. 6969-A Economic Development


2011-12: S.4190-A Third Reading/A. 3411-B Codes
2009-10: S.7557 Investigations and Government Operations/A. 10809
Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2017.