H.B. 193
         ALCOHOLIC BEVERAGE CONTROL COMMISSION AMENDMENTS

House Committee Amendments

Amendment 2 February 23, 2012 3:05 PM



Representative Brian Doughty proposes the following amendments:

1.    Page 1, Lines 14 through 16 :    

             14          .    requires that
  a       certain      {   percentages related to political affiliation and being regular   }        number of commissioners be      

             15      consumers of an alcoholic product
{   be met in making appointments to the

             16      commission  
}
  and a certain number be from different professions or occupations       ;


2.    Page 1, Lines 21 through 22 :    

             21      Other Special Clauses:
             22          
{   None   }        This bill coordinates with S.B. 66, Alcoholic Beverage Control Related Amendments, to merge substantive changes.      


3.    Page 1, Line 25 :    

             25          32B-2-201, as last amended by Laws of Utah 2011, Chapters 308 and 334
       Utah Code Sections Affected by Coordination Clause:     

     32B-2-201, as last amended by Laws of Utah 2011, Chapters 308 and 334       


4.    Page 2, Lines 32 through 44 :    

             32          (2) (a) The commission is composed of five part-time commissioners appointed by the
             33      governor with the consent of the Senate.
             34          (b) No more than
{   [   } three      {   ]   }      {   60% of the   } commissioners may be of the same political party.

             35          (c) (i) At least
{   40%   }        two       of the commissioners shall, for at least one year before being

             36      appointed and during their term, be
{   regular   } consumers of an alcoholic product purchased from

             37      an entity authorized to sell alcoholic products.
{   As used in this Subsection (2)(c), "regular"

             38      means happening or recurring not less than once a month.  
}

             39          (ii) The governor shall require an individual to sign an affidavit verifying compliance
             40      with Subsection (2)(c)(i) as a condition of appointment under this Subsection (2)(c).
             41          (iii) If as of July 1, 2012, there are not at least
{   40%   }        two       of the commissioners who meet the

             42      requirements of Subsection (2)(c)(i), as terms of commissioners expire the governor shall
             43      appoint a new commissioner or
{   a reappointed   }        reappoint a       commissioner in a manner that brings the


             44
     commission
{   in   }        into       compliance with this Subsection (2)(c).

  (d)(i) No more than two commissioners shall have the same profession or occupation.

(ii) If as of July 1, 2012, there are more than two commissioners with the same profession or occupation, as terms of commissioners expire, the governor shall appoint a new commissioner or reappoint a commissioner in a manner that brings the commission into compliance with this Subsection (2)(d).  


5.    Page 4, Lines 109 through 110 :    

             109      or portion of a commission meeting that is closed by the commission as authorized by Sections
             110      52-4-204 and 52-4-205 .
       Section 2. Coordinating H.B. 193 with S.B. 66 -- Merging substantive amendments     

     If this H.B. 193 and S.B. 66, Alcoholic Beverage Control Related Amendments, both pass and become law, the Legislature intends that:
(1) the references in Subsection 32B-2-201(2)(c) to "two" be replaced with "three";
(2) the references in Subsection 32B-2-201(2)(d) to "two" be replaced with "three"; and
(3) the Office of Legislative Research and General Counsel make the changes described in this section when preparing the Utah Code database for publication.       


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