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Enrolled HB 125: Moving the Alcoholic Beverage Control Board to the Department of Commerce, Community, and Economic Development and relating to duties of that department; relating to the exercise of peace officer powers granted by the Alcoholic Beverage Control Board; and providing for an effective date.

00 Enrolled HB 125                                                                                                         
01 Moving the Alcoholic Beverage Control Board to the Department of Commerce, Community,                                   
02 and Economic Development and relating to duties of that department; relating to the exercise                            
03 of peace officer powers granted by the Alcoholic Beverage Control Board; and providing for                              
04 an effective date.                                                                                                      
05                           _______________                                                                               
06    * Section 1. AS 04.06.010 is amended to read:                                                                      
07            Sec. 04.06.010. Establishment of board. There is established in the                                        
08       Department of Commerce, Community, and Economic Development [PUBLIC                                           
09       SAFETY] the Alcoholic Beverage Control Board as a regulatory and quasi-judicial                                   
10       agency. The Board is in the Department of Commerce, Community, and Economic                                   
11       Development [PUBLIC SAFETY], but for administrative purposes only.                                            
12    * Sec. 2. AS 04.06.090(e) is amended to read:                                                                      
13            (e)  The board shall promptly notify all licensees and municipalities of major                               
14       changes to this title and to regulations adopted under this title. However, if changes                            
01       only affect specific classifications of licenses and permits, the board need only notify                          
02       those licensees and municipalities directly affected by the changes. Current copies of                            
03       this title and current copies of the regulations adopted under it shall be made available                         
04       at all offices in the state of the Department of Commerce, Community, and                                     
05       Economic Development [PUBLIC SAFETY] and the detachment headquarters and                                      
06       posts maintained by the division of Alaska state troopers in the Department of Public                             
07       Safety.                                                                                                           
08    * Sec. 3. AS 04.06.110 is amended to read:                                                                         
09            Sec. 04.06.110. Peace officer powers. The director and the persons employed                                
10       for the administration and enforcement of this title may, with the concurrence of the                             
11       commissioner of public safety, exercise the powers of peace officers when those                                   
12       powers are specifically granted by the board. Powers granted by the board under this                              
13       section may be exercised only when necessary for the enforcement of the criminally                                
14       punishable provisions of this title, regulations of the board, and other criminally                               
15       punishable laws and regulations, including investigation of violations of laws against                            
16       prostitution and promoting prostitution described in AS 11.66.100 - 11.66.130 and                                 
17       laws against gambling, promoting gambling, and related offenses described in                                      
18       AS 11.66.200 - 11.66.280. Unless authorized by a search warrant described in                                  
19       AS 12.35, nothing in this section authorizes the use of metal keys, magnetic card                             
20       keys, or identification cards to access private clubs.                                                        
21    * Sec. 4. AS 04.11.590 is amended to read:                                                                         
22            Sec. 04.11.590. Disposition of money. (a) Money collected from licenses and                                
23       civil fines under this title shall be transferred by the board to the Department of                               
24       Commerce, Community, and Economic Development [PUBLIC SAFETY] and                                             
25       deposited in the general fund.                                                                                    
26            (b)  A fee prescribed by the board in addition to fees authorized under this title                           
27       shall be transferred to the Department of Commerce, Community, and Economic                                   
28       Development [PUBLIC SAFETY] and deposited in the general fund.                                                
29            (c)  The annual estimated balance in the account maintained by the                                           
30       commissioner of administration under AS 37.05.142 may be used by the legislature to                               
31       make appropriations to the Department of Commerce, Community, and Economic                                    
01       Development [PUBLIC SAFETY] to carry out the purposes of AS 04.06.                                            
02    * Sec. 5. AS 04.11.610(b) is amended to read:                                                                      
03            (b)  If the officers of a municipality fail to actively enforce local ordinances,                            
04       laws of the United States and the state, and the regulations relating to the manufacture                          
05       and sale of alcoholic beverages in the state, the commissioner of commerce,                                   
06       community, and economic development [PUBLIC SAFETY] may deny the refund                                       
07       provided for under (a) of this section until the board finds the enforcement of the                               
08       ordinances, laws, and regulations is resumed.                                                                     
09    * Sec. 6. AS 04.11.610(c) is amended to read:                                                                      
10            (c)  The Department of Commerce, Community, and Economic                                                 
11       Development [PUBLIC SAFETY] shall recover any amounts erroneously refunded                                    
12       under (a) of this section. The Department of Commerce, Community, and Economic                                
13       Development [PUBLIC SAFETY] shall schedule repayments of erroneously refunded                                 
14       amounts over a sufficient period of time to minimize financial hardship to the                                    
15       municipality involved.                                                                                            
16    * Sec. 7. AS 44.33.020(a) is amended by adding a new paragraph to read:                                            
17                 (45)  supply necessary clerical and administrative services for the                                     
18       Alcoholic Beverage Control Board.                                                                                 
19    * Sec. 8. AS 44.41.020(e) is repealed.                                                                             
20    * Sec. 9. This Act takes effect July 1, 2012.