HB 125: "An Act moving the Alcoholic Beverage Control Board to the Department of Commerce, Community, and Economic Development and relating to duties of that department; and providing for an effective date."
00 HOUSE BILL NO. 125 01 "An Act moving the Alcoholic Beverage Control Board to the Department of 02 Commerce, Community, and Economic Development and relating to duties of that 03 department; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.06.010 is amended to read: 06 Sec. 04.06.010. Establishment of board. There is established in the 07 Department of Commerce, Community, and Economic Development [PUBLIC 08 SAFETY] the Alcoholic Beverage Control Board as a regulatory and quasi-judicial 09 agency. The Board is in the Department of Commerce, Community, and Economic 10 Development [PUBLIC SAFETY], but for administrative purposes only. 11 * Sec. 2. AS 04.06.090(e) is amended to read: 12 (e) The board shall promptly notify all licensees and municipalities of major 13 changes to this title and to regulations adopted under this title. However, if changes 14 only affect specific classifications of licenses and permits, the board need only notify
01 those licensees and municipalities directly affected by the changes. Current copies of 02 this title and current copies of the regulations adopted under it shall be made available 03 at all offices in the state of the Department of Commerce, Community, and 04 Economic Development [PUBLIC SAFETY] and the detachment headquarters and 05 posts maintained by the division of Alaska state troopers in the Department of Public 06 Safety. 07 * Sec. 3. AS 04.11.590 is amended to read: 08 Sec. 04.11.590. Disposition of money. (a) Money collected from licenses and 09 civil fines under this title shall be transferred by the board to the Department of 10 Commerce, Community, and Economic Development [PUBLIC SAFETY] and 11 deposited in the general fund. 12 (b) A fee prescribed by the board in addition to fees authorized under this title 13 shall be transferred to the Department of Commerce, Community, and Economic 14 Development [PUBLIC SAFETY] and deposited in the general fund. 15 (c) The annual estimated balance in the account maintained by the 16 commissioner of administration under AS 37.05.142 may be used by the legislature to 17 make appropriations to the Department of Commerce, Community, and Economic 18 Development [PUBLIC SAFETY] to carry out the purposes of AS 04.06. 19 * Sec. 4. AS 04.11.610(b) is amended to read: 20 (b) If the officers of a municipality fail to actively enforce local ordinances, 21 laws of the United States and the state, and the regulations relating to the manufacture 22 and sale of alcoholic beverages in the state, the commissioner of commerce, 23 community, and economic development [PUBLIC SAFETY] may deny the refund 24 provided for under (a) of this section until the board finds the enforcement of the 25 ordinances, laws, and regulations is resumed. 26 * Sec. 5. AS 04.11.610(c) is amended to read: 27 (c) The Department of Commerce, Community, and Economic 28 Development [PUBLIC SAFETY] shall recover any amounts erroneously refunded 29 under (a) of this section. The Department of Commerce, Community, and Economic 30 Development [PUBLIC SAFETY] shall schedule repayments of erroneously refunded 31 amounts over a sufficient period of time to minimize financial hardship to the
01 municipality involved. 02 * Sec. 6. AS 44.33.020(a) is amended by adding a new paragraph to read: 03 (45) supply necessary clerical and administrative services for the 04 Alcoholic Beverage Control Board. 05 * Sec. 7. AS 44.41.020(e) is repealed. 06 * Sec. 8. This Act takes effect July 1, 2011.