Grants the state liquor authority general rule making privileges for the purpose of effectuating the alcoholic beverage control law

BILL NUMBER:S3653A

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

§ 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 arc 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 accom- plish those goals in an expedited fashion, it stands to reason that giving the SLA general rulemaking authority for three years is an appro- priate action to take at this time.

Legislative history

2011-12: S.4190-A Third Reading/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, 2016.