Relates to the alcoholic beverage control division; provides for the filling of a vacancy of the chairman caused by death, resignation, removal or disability of such chairman; authorizes the chairman and commissioners to receive their salary and actual and necessary expenses; makes related provisions.
STATE OF NEW YORK
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7642
IN SENATE
May 11, 2016
___________
Introduced by Sen. LANZA -- (at request of the State Liquor Authority)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to
branch offices of licensed manufacturers; and to amend the executive
law, in relation to the division of alcoholic beverage control
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10 of the alcoholic beverage control law, as
2 amended by chapter 83 of the laws of 1995, is amended to read as
3 follows:
4 § 10. State liquor authority. There shall continue to be in the exec-
5 utive department an alcoholic beverage control division, the head of
6 which shall be the state liquor authority [which] whose members shall
7 consist of [three members] a chairman and two commissioners, [who shall
8 be known as commissioners,] all of whom shall be citizens and residents
9 of the state. The state alcoholic beverage control board created and
10 appointed pursuant to chapter one hundred eighty of the laws of nineteen
11 hundred thirty-three, as presently constituted, shall continue in exist-
12 ence and hereafter shall be known and designated as the state liquor
13 authority. The terms "state alcoholic beverage control board", "state
14 board", "liquor authority", or "authority", wherever occurring in any of
15 the provisions of this chapter or of any other law, or in any official
16 books, records, instruments, rules or papers, shall hereafter mean and
17 refer to the state liquor authority provided for in this section.
18 § 2. Section 11 of the alcoholic beverage control law, as amended by
19 section 2 of part E of chapter 57 of the laws of 2011, is amended to
20 read as follows:
21 § 11. Appointment of authority. 1. The members of the authority shall
22 be appointed by the governor by and with the advice and consent of the
23 senate. Not more than two members of the authority shall belong to the
24 same political party. [The chairman of the state alcoholic beverage
25 control board heretofore appointed and designated by the governor and
26 the remaining members of such board heretofore appointed by the governor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14291-01-6
S. 7642 2
1 shall continue to serve as chairman and members of the authority until
2 the expiration of the respective terms for which they were appointed.
3 Upon the expiration of such respective terms the successors of such
4 chairman and]
5 2. The members shall be appointed to serve for a term of three years
6 each and until their successors have been appointed and qualified.
7 3. The commissioners[, other than the chairman shall,] when performing
8 the work of the authority, shall be compensated at a rate of two hundred
9 sixty dollars per day, together with an allowance for actual and neces-
10 sary expenses incurred in the discharge of their duties. The chairman
11 shall receive an annual salary established in section one hundred
12 sixty-nine of the executive law.
13 § 3. Section 14 of the alcoholic beverage control law, as amended by
14 chapter 83 of the laws of 1995, is amended to read as follows:
15 § 14. Vacancies; quorum. 1. In the event of a vacancy caused by the
16 death, resignation, removal or disability of any [member] commissioner,
17 the vacancy shall be filled by the governor by and with the advice and
18 consent of the senate for the unexpired term.
19 2. In the event of a vacancy caused by the death, resignation, removal
20 or disability of the chairman, the vacancy shall be filled by the gover-
21 nor by and with the advice and consent of the senate for the unexpired
22 term. Notwithstanding any other provision of law, the governor shall
23 designate one of the commissioners in office to serve as acting chairman
24 until the appointment and qualification of a successor chairman.
25 3. A majority of the members of the authority in office shall consti-
26 tute a quorum for the purpose of conducting the business thereof and a
27 majority vote of all the members in office shall be necessary for
28 action.
29 § 4. Section 270 of the executive law, as amended by chapter 83 of the
30 laws of 1995, is amended to read as follows:
31 § 270. Division of alcoholic beverage control; state liquor authority.
32 The head of the alcoholic beverage control division shall be the state
33 liquor authority [which] whose members shall consist of [three members]
34 a chairman and two commissioners, [who shall be known as commissioners,]
35 who shall be appointed by the governor, by and with the advice and
36 consent of the senate[, and one of whom shall be designated as chairman
37 by the governor].
38 Not more than two members of the state liquor authority shall belong
39 to the same political party. All of said members shall be citizens and
40 residents of the state. Such members shall be appointed to serve for a
41 term of three years each and until their successors have been appointed
42 and qualified.
43 § 5. Section 271 of the executive law is amended to read as follows:
44 § 271. Salaries; expenses. [The] In addition to their respective sala-
45 ry as fixed by law, the chairman and the [other members] commissioners
46 of the authority shall [receive a salary to be fixed by the governor
47 within the amounts appropriated therefor. Each member of the authority
48 shall] also be entitled to [his] their expenses actually and necessarily
49 incurred by [him] them in the performance of [his] their duties.
50 § 6. Section 273 of the executive law, as amended by chapter 83 of the
51 laws of 1995, is amended to read as follows:
52 § 273. Vacancies; quorum. 1. In the event of a vacancy caused by
53 death, resignation, removal or disability of [any member] a
54 commissioner, the vacancy shall be filled by the governor by and with
55 the advice and consent of the senate for the unexpired term.
S. 7642 3
1 2. In the event of a vacancy caused by the death, resignation, removal
2 or disability of the chairman, the vacancy shall be filled by the gover-
3 nor by and with the advice and consent of the senate for the unexpired
4 term. Notwithstanding any other provision of law, the governor shall
5 designate one of the commissioners to serve as acting chairman until the
6 appointment and qualification of a successor chairman.
7 3. A majority of the members of the authority in office shall consti-
8 tute a quorum for the purpose of conducting the business thereof and a
9 majority vote of all the members in office shall be necessary for
10 action.
11 § 7. This act shall take effect immediately.
