S T A T E O F N E W Y O R K
________________________________________________________________________
2090
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. SCHROEDER, PHEFFER, PEOPLES, MAGEE, MAISEL,
EDDINGTON, JOHN, HOOPER -- Multi-Sponsored by -- M. of A. BRENNAN,
BURLING, CALHOUN, FINCH, GIGLIO, KOLB, P. LOPEZ, MAYERSOHN, MOLINARO,
QUINN, REILICH, SAYWARD, TOWNSEND -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to create a temporary state commission to provide for the dissol-
ution of the state liquor authority and the reassignment of the powers
and duties thereof; abolishes the state liquor authority; and provid-
ing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. A temporary state commission on the dissolution of the
2 state liquor authority, hereinafter referred to as the commission, is
3 hereby created to develop and propose legislation abolishing the state
4 liquor authority and recommending the appropriate state and local agen-
5 cies or offices to assume the various responsibilities of such authori-
6 ty.
7 S 2. The commission shall consist of fifteen members to be appointed
8 as follows: seven members to be appointed by the governor; three members
9 to be appointed by the temporary president of the senate; three members
10 to be appointed by the speaker of the assembly; one member to be
11 appointed by the minority leader of the senate; and one to be appointed
12 by the minority leader of the assembly. A chair of the commission shall
13 be appointed by the governor from among his appointees. Vacancies shall
14 be filled in the same manner as the original appointments.
15 S 3. The members of the commission shall receive no compensation for
16 their services, but shall be allowed their actual and necessary expenses
17 incurred in the performance of their duties hereunder.
18 S 4. To the maximum extent feasible, the commission shall be entitled
19 to request and receive and shall utilize and be provided with such
20 facilities, resources, and data of any department, division, board,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03141-01-9
A. 2090 2
1 bureau, commission, or agency of the state or any political subdivision
2 thereof as it deems necessary or desirable to carry out properly its
3 powers and duties hereunder.
4 S 5. The commission shall submit its findings and recommendations for
5 legislation and transfer of the powers and duties of the state liquor
6 authority in a report to the governor, the temporary president of the
7 senate, and the speaker of the assembly not later than April 1, 2010.
8 S 6. The state liquor authority, as constituted by article 2 of the
9 alcoholic beverage control law is hereby abolished and the powers, func-
10 tions and duties of such entity shall be transferred, assumed or elimi-
11 nated pursuant to the recommendations set forth in the report of the
12 commission submitted in accordance with section five of this act.
13 S 7. This act shall take effect immediately; provided that the members
14 of the commission created by this act shall be appointed within thirty
15 days of such effective date; and provided, further, that this act shall
16 remain in effect until one hundred twenty days after the commission
17 submits the report required by section five of this act, at which time
18 this act shall expire and be deemed repealed; and provided, further that
19 section six of this act shall take effect December 31, 2010 and the
20 amendment, enactment or repeal of any laws, rules or regulations neces-
21 sary to effectuate the provisions of such section six of this act are
22 authorized to be made before such date.