HB 2144 — state liquor board; membership

HOUSEHB2144 FLOOR- AMENDMENT542R EXPLANATION- BillH Number:HBVer 2144  Floor  AmendmentHouse KernEngrossed Removes  language  requiring  one  memberState of theArizona Board,House whoof isRepresentatives notFifty-fourth financiallyLegislature interestedSecond inRegular businessSession licensed  to  deal  withHOUSE spirituousBILL liquors,2144 be  appointed  after  theAN submittalACT of  nomineesamending fromsection an4‑111, associationArizona representingRevised municipalities.Statutes;

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appointment and removal A.  The department of liquor licenses and control is established consisting of the state liquor board and the office of director of the department.

B.  From and after January 31, 2003, The board consists of seven members to be appointed by the governor pursuant to section 38‑211.  Five of the members of the board shall not be financially interested directly or indirectly in business licensed to deal with spirituous liquors, one of whom shall be a current elected municipal official.  Two members shall currently be engaged in business in the spirituous liquor industry or have been engaged in the past in business in the spirituous liquor industry, at least one of whom shall currently be a retail licensee or employee of a retail licensee.  One member shall be a member of a neighborhood association recognized by a county, city or town.  The term of members is three years.  Members' terms expire on the third Monday in January of the appropriate year.  The governor may remove any member of the board for cause.  No A member may not represent another licensee before the board for a period of one year after the conclusion of the member's service on the board.

C.  The board shall annually elect from its membership a chairman chairperson and vice‑chairman vice chairperson.  A majority of the board constitutes a quorum,  and a concurrence of a majority of a quorum is sufficient for taking any action.  If there are unfilled positions on the board, a majority of those persons appointed and serving on the board constitutes a quorum.

D.  The chairman chairperson may designate panels of not less than three members.  A panel may take any action that the board is authorized to take pursuant to this title.  Such action includes the ability to hold hearings and hear appeals of administrative disciplinary proceedings of licenses issued pursuant to this chapter.  A panel shall not, however, adopt rules as provided in section 4‑112, subsection A, paragraph 2.  The chairman chairperson may from time to time add additional members or remove members from a panel.  A majority of a panel, may on the concurrence of a majority of the members of the panel, may take final action on hearings and appeals of administrative disciplinary proceedings concerning licenses issued pursuant to this chapter.

E.  Members of the board are entitled to receive compensation at the rate of fifty dollars $50 per day while engaged in the business of the board.

F.  A person shall not be appointed to serve on the board unless the person has been a resident of this state for not less than five years before the person's appointment.  Not more than four members may be of the same political party.  Persons eligible for appointment shall have a continuous recorded registration pursuant to title 16, chapter 1 with the same political party or as an independent for at least two years immediately preceding appointment.  Not more than three members may be appointed from the same county.

G.  The governor shall appoint the director, pursuant to section 38‑211, who shall be a qualified elector of the state and experienced in administrative matters and enforcement procedures.  The director shall serve at the pleasure of the governor.

H.  The director is entitled to receive a salary as determined pursuant to section 38‑611.

END_STATUTE Sec. 2.  Retention of members Notwithstanding section 4‑111, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state liquor board on the effective date of this act may continue to serve until the expiration of their normal terms.  The governor shall make all subsequent appointments as prescribed by statute.