SB46

By Senator Bussman

ENROLLED, An Act,

Relating to the Alabama Sunset Law; to continue the existence and functioning of the Alabama Alcoholic Beverage Control Board until October 1, 2020, with certain modifications; and to amend Section 28-3-40, Code of Alabama 1975, so as to require diversity in the membership of the board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the Alabama Alcoholic Beverage Control Board until October 1, 2020, with the additional recommendation for statutory change as set out in Section 3.

Section 2. The existence and functioning of the Alabama Alcoholic Beverage Control Board, created and functioning pursuant to Sections 28-1-1 to 28-11-15, inclusive, Code of Alabama 1975, is continued until October 1, 2020, and those code sections are expressly preserved.

Section 3. Section 28-3-40 of the Code of Alabama 1975, is amended to read as follows:

"§28-3-40.

"The Alcoholic Beverage Control Board shall consist of three persons, appointed by the Governor with the advice and consent of the Senate, one of whom shall be designated by the Governor to be the chairman of said chair of the board. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

"Each member of said the board at the time of his or her appointment and qualification shall be a resident of the State of Alabama and shall have resided in said the state for a period of at least 10 years next preceding his or her appointment and qualification, and he or she shall also be a qualified voter therein.

"The term of office of each member appointed shall be six years from the time of his or her appointment and qualification and until his or her successor shall qualify. In case any member shall be allowed to hold over after the expiration of his term, his or her successor shall be appointed for the balance of the unexpired term. Vacancies in said the board shall be filled by the Governor for the unexpired term. Each member shall be eligible for reappointment in the discretion of the Governor.

"No person shall be eligible for appointment or shall hold the office of member of the board or be appointed by the board or hold any office or position under the board who has any connection with any association, firm, person, or corporation engaged in or conducting any alcoholic liquor business of any kind or who holds stocks or bonds therein or who has pecuniary interest therein, nor shall any such person receive any commission or profit whatsoever from, or have any interest whatsoever in any purchase or sales of any alcoholic liquors; provided, however, that if any member of the board is appointed when the Senate is not in session, such member shall hold office until the Senate has had an opportunity to reject or confirm his or her appointment.

"Members of the board may be suspended or removed by the Governor at his or her pleasure.

"Each member of the board shall, before entering upon the discharge of his or her duties, shall give bond payable to the State of Alabama, in form approved by the Attorney General, in such penalty as shall be fixed from time to time by the Governor, with some surety or guaranty company duly authorized to do business in Alabama and approved by the Governor, as security, conditioned upon the faithful discharge of his or her duties. The premium of such bond shall be paid by the state and the bonds shall be filed as bonds of other state officers.

"The office of the board shall be in the City of Montgomery, Alabama. The said board shall meet at such times within the City of Montgomery, Alabama, as the board shall determine and the members thereof shall be entitled to their reasonable expenses and per diem for each meeting so attended. A majority of the members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the board."

Section 4. The Legislature concurs in the recommendations of the Sunset Committee as provided in Sections 1, 2, and 3.

Section 5. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.

Sunset Law

Alcoholic Beverage Control Board

Boards and Commissions