- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A09821 Summary:
BILL NO | A09821 |
  | |
SAME AS | SAME AS S07360 |
  | |
SPONSOR | Jean-Pierre |
  | |
COSPNSR | Reyes, Epstein, Darling, Fernandez, Buttenschon, Colton, Simon, McDonald, Taylor, Clark, Lawler, Morinello, Mikulin, Brown K |
  | |
MLTSPNSR | |
  | |
Amd §§18 & 17, ABC L | |
  | |
Requires curriculum related to human trafficking awareness to be included in alcohol training awareness programs; requires such training to be developed in conjunction with and approved by the New York state interagency task force on human trafficking. |
A09821 Actions:
BILL NO | A09821 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/19/2022 | referred to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
04/28/2022 | advanced to third reading cal.580 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2022 | SUBSTITUTED FOR S7360 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2022 | 3RD READING CAL.796 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/11/2022 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
07/11/2022 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
07/20/2022 | signed chap.392 | |||||||||||||||||||||||||||||||||||||||||||||||||
07/20/2022 | approval memo.11 |
A09821 Committee Votes:
Bronson | Aye | Friend | Aye | ||||||
Cahill | Aye | Lalor | Aye | ||||||
Magnarelli | Aye | Morinello | Aye | ||||||
Lupardo | Aye | Smullen | Absent | ||||||
Stirpe | Aye | Salka | Aye | ||||||
Hyndman | Aye | Giglio | Absent | ||||||
Jones | Aye | Lemondes | Aye | ||||||
Stern | Aye | ||||||||
Buttenschon | Aye | ||||||||
Darling | Aye | ||||||||
Griffin | Aye | ||||||||
Frontus | Aye | ||||||||
Fahy | Aye | ||||||||
Burke | Aye | ||||||||
Lunsford | Aye | ||||||||
Sillitti | Aye | ||||||||
Tapia | Aye | ||||||||
Lucas | Absent | ||||||||
Cunningham | Aye | ||||||||
Go to top
A09821 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Abinanti
Yes
Colton
ER
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Anderson
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Angelino
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Ashby
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Aubry
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barclay
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barnwell
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Barrett
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Benedetto
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
ER
Bichotte Hermel
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Brabenec
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown E
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Brown K
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burdick
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burgos
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Burke
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Buttenschon
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrne
ER
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Byrnes
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Cahill
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
Yes
Carroll
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
‡ Indicates voting via videoconference
A09821 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9821 IN ASSEMBLY April 19, 2022 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to requiring curriculum related to human trafficking awareness to be included in alcohol training awareness programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 10 of section 18 of the alcoholic beverage 2 control law, as added by chapter 118 of the laws of 2012, is amended to 3 read as follows: 4 10. (a) To develop and establish minimum criteria for alcohol training 5 awareness programs which may be given and administered by schools; other 6 entities including trade associations whose members are engaged in or 7 involved in the retail sale of alcoholic beverages; national and 8 regional franchisors who have granted at least five franchises in the 9 state which are licensed to sell beer at retail for off-premises 10 consumption; licensees authorized to sell alcoholic beverages at retail 11 for off-premises consumption operating five or more licensed premises; 12 and persons interested, whether as an individual proprietor or partner 13 or officer or member of a limited liability company, in five or more 14 licensees authorized to sell alcoholic beverages at retail for off-prem- 15 ises consumption. The authority shall provide for the issuance of 16 certificates of approval to all certified alcohol training awareness 17 programs. Certificates of approval may be revoked by the authority for 18 failure to adhere to the authority's rules and regulations. Such rules 19 and regulations shall afford those who have been issued a certificate of 20 approval an opportunity for a hearing prior to any determination of 21 whether such certificate should be revoked. 22 (b) No licensee shall be required to apply for any such certificate or 23 renewal certificate and the licensee may voluntarily surrender such a 24 certificate or renewal certificate at any time. A fee in the amount of 25 nine hundred dollars shall be paid to the authority with each applica- 26 tion for a certificate of approval or renewal certificate. The authority 27 shall promptly refund such fee to an applicant whose application was EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13136-02-1A. 9821 2 1 denied. Each certificate of approval and renewal thereof shall be issued 2 for a period of three years. To effectuate the provisions of this subdi- 3 vision, the authority is empowered to require in connection with an 4 application the submission of such information as the authority may 5 direct; to prescribe forms of applications and of all reports which it 6 deems necessary to be made by any applicant or certificate holder; to 7 conduct investigations; to require the maintenance of such books and 8 records as the authority may direct; to revoke, cancel, or suspend for 9 cause any certificate provided for in this subdivision. Each entity 10 authorized to give and administer an alcohol training awareness program 11 shall issue certificates of completion to all licensees and employees 12 who successfully complete such an approved alcohol training awareness 13 program. Such entity shall regularly transmit to the authority the 14 names, addresses and dates of attendance of all the licensees and 15 employees of licensees who successfully complete an approved alcohol 16 training awareness program. Such transmittal shall be in a form and 17 manner prescribed by the authority. The authority shall adopt rules and 18 regulations to effectuate the provisions of this subdivision, including 19 the minimum requirements for the curriculum of each such training 20 program and the regular ongoing training of employees holding certif- 21 icates of completion or renewal certificates. Such rules and regulations 22 shall include the minimum requirements for a separate curriculum for 23 licensees and their employees authorized to sell alcoholic beverages at 24 retail for off-premises consumption, minimum requirements for a separate 25 curriculum for licensees and their employees authorized to sell alcohol- 26 ic beverages at retail for on-premises consumption, and the form of a 27 certificate of completion or renewal thereof to be issued in respect to 28 each such type of program. Such rules and regulations shall include a 29 requirement that all curriculums include training related to human traf- 30 ficking awareness. Such human trafficking awareness training curriculum 31 shall be developed in conjunction with, and approved by, the New York 32 state interagency task force on human trafficking. Such human traffick- 33 ing awareness training program shall be implemented by each entity 34 authorized to give and administer an alcohol training awareness program. 35 Any such entity that does not implement a human trafficking awareness 36 program as part of its curriculum shall no longer be authorized to 37 administer any alcohol training awareness program and shall not be 38 eligible to be certified as a state liquor authority school. Any alco- 39 hol training awareness program that is currently certified by the state 40 liquor authority shall lose its certification if such program fails to 41 include human trafficking awareness training as part of its curriculum. 42 (c) A certificate of completion or renewal thereof issued by an entity 43 authorized to give and administer an alcohol training awareness program 44 pursuant to this subdivision to licensees and their employees authorized 45 to sell alcoholic beverages at retail for off-premises consumption shall 46 not be invalidated by a change of employment to another such licensee. A 47 certificate of completion or renewal thereof issued by an entity author- 48 ized to give and administer an alcohol training awareness program pursu- 49 ant to this subdivision to licensees and their employees authorized to 50 sell alcoholic beverages at retail for on-premises consumption shall not 51 be invalidated by a change of employment to another such licensee. 52 Attendance at any course established pursuant to this section shall be 53 in person, through distance learning methods, or through an internet 54 based online program. 55 § 2. Subdivision 12 of section 17 of the alcoholic beverage control 56 law, as amended by chapter 549 of the laws of 2001, the closing para-A. 9821 3 1 graph as amended by chapter 435 of the laws of 2010, is amended to read 2 as follows: 3 12. (a) To develop and establish minimum criteria for alcohol training 4 awareness programs which may be given and administered by schools; other 5 entities including trade associations whose members are engaged in or 6 involved in the retail sale of alcoholic beverages; national and 7 regional franchisors who have granted at least five franchises in the 8 state which are licensed to sell beer at retail for off-premises 9 consumption; licensees authorized to sell alcoholic beverages at retail 10 for off-premises consumption operating five or more licensed premises; 11 and persons interested, whether as an individual proprietor or partner 12 or officer or member of a limited liability company, in five or more 13 licensees authorized to sell alcoholic beverages at retail for off-prem- 14 ises consumption. The authority shall provide for the issuance of 15 certificates of approval to all certified alcohol training awareness 16 programs. Certificates of approval may be revoked by the authority for 17 failure to adhere to the authority's rules and regulations. Such rules 18 and regulations shall afford those who have been issued a certificate of 19 approval an opportunity for a hearing prior to any determination of 20 whether such certificate should be revoked. 21 (b) No licensee shall be required to apply for any such certificate or 22 renewal certificate and the licensee may voluntarily surrender such a 23 certificate or renewal certificate at any time. A fee in the amount of 24 nine hundred dollars shall be paid to the authority with each applica- 25 tion for a certificate of approval or renewal certificate. The authority 26 shall promptly refund such fee to an applicant whose application was 27 denied. Each certificate of approval and renewal thereof shall be issued 28 for a period of three years. To effectuate the provisions of this subdi- 29 vision, the authority is empowered to require in connection with an 30 application the submission of such information as the authority may 31 direct; to prescribe forms of applications and of all reports which it 32 deems necessary to be made by any applicant or certificate holder; to 33 conduct investigations; to require the maintenance of such books and 34 records as the authority may direct; to revoke, cancel, or suspend for 35 cause any certificate provided for in this subdivision. Each entity 36 authorized to give and administer an alcohol training awareness program 37 shall issue certificates of completion to all licensees and employees 38 who successfully complete such an approved alcohol training awareness 39 program. Such entity shall regularly transmit to the authority the 40 names, addresses and dates of attendance of all the licensees and 41 employees of licensees who successfully complete an approved alcohol 42 training awareness program. Such transmittal shall be in a form and 43 manner prescribed by the authority. The authority shall adopt rules and 44 regulations to effectuate the provisions of this subdivision, including 45 the minimum requirements for the curriculum of each such training 46 program and the regular ongoing training of employees holding certif- 47 icates of completion or renewal certificates. Such rules and regulations 48 shall include the minimum requirements for a separate curriculum for 49 licensees and their employees authorized to sell alcoholic beverages at 50 retail for off-premises consumption, minimum requirements for a separate 51 curriculum for licensees and their employees authorized to sell alcohol- 52 ic beverages at retail for on-premises consumption, and the form of a 53 certificate of completion or renewal thereof to be issued in respect to 54 each such type of program. Such rules and regulations shall include a 55 requirement that all curriculums include training related to human traf- 56 ficking awareness. Such human trafficking awareness training curriculumA. 9821 4 1 shall be developed in conjunction with, and approved by, the New York 2 state interagency task force on human trafficking. Such human traffick- 3 ing awareness training program shall be implemented by each entity 4 authorized to give and administer an alcohol training awareness program. 5 Any such entity that does not implement a human trafficking awareness 6 program as part of its curriculum shall no longer be authorized to 7 administer any alcohol training awareness program and shall not be 8 eligible to be certified as a state liquor authority school. Any alco- 9 hol training awareness program that is currently certified by the state 10 liquor authority shall lose its certification if such program fails to 11 include human trafficking awareness training as part of its curriculum. 12 (c) A certificate of completion or renewal thereof issued by an entity 13 authorized to give and administer an alcohol training awareness program 14 pursuant to this subdivision to licensees and their employees authorized 15 to sell alcoholic beverages at retail for off-premises consumption shall 16 not be invalidated by a change of employment to another such licensee. A 17 certificate of completion or renewal thereof issued by an entity author- 18 ized to give and administer an alcohol training awareness program pursu- 19 ant to this subdivision to licensees and their employees authorized to 20 sell alcoholic beverages at retail for on-premises consumption shall not 21 be invalidated by a change of employment to another such licensee. 22 Attendance at any course established pursuant to this section shall be 23 in person, through distance learning methods, or through an internet 24 based online program. 25 § 3. This act shall take effect on the thirtieth day after it shall 26 have become a law, provided, however, that the amendments to subdivision 27 10 of section 18 of the alcoholic beverage control law made by section 28 one of this act shall not affect the expiration of such subdivision and 29 shall be deemed to expire therewith; and provided further that section 30 two of this act shall take effect on the same date as the reversion of 31 subdivision 12 of section 17 of the alcoholic beverage control law as 32 provided in section 4 of chapter 118 of the laws of 2012, as amended. 33 Effective immediately, the addition, amendment and/or repeal of any rule 34 or regulation necessary for the implementation of this act on its effec- 35 tive date are authorized and directed to be made and completed on or 36 before such effective date.