1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3354 By: Marti
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6 AS INTRODUCED
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7 An Act relating to alcoholic beverages; amending 37A
7 O.S. 2021, Section 1-105, which relates to the
8 Oklahoma Alcoholic Laws Enforcement Commission;
8 removing requirement of meeting location; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 37A O.S. 2021, Section 1-105, is
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14 amended to read as follows:
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15 Section 1-105. A. Members of the ABLE Commission shall:
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16 1. Be citizens of the United States;
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17 2. Be qualified electors in this state;
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18 3. Have been residents of this state for at least ten (10)
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19 consecutive years immediately preceding the date of their
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20 appointment and qualification; and
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21 4. Be persons of outstanding character, experienced, efficient
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22 and successful in business affairs and of good reputation in their
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23 communities.
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 1 B. Members shall execute the loyalty oath required by law for
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2 elected state officials before assuming the duties of their office.
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3 C. No person shall be appointed who:
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4 1. Has been convicted of, or shall have pleaded guilty to, a
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5 felony or any violation of any federal or state law concerning the
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6 manufacture or sale of alcoholic beverages or cereal malt beverages
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7 prior or subsequent to the passage of the Oklahoma Alcoholic
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8 Beverage Control Act;
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9 2. Has paid a fine or penalty in settlement in any prosecution
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10 against the person in any violation of such laws; or
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11 3. Shall have forfeited a bond to appear in court to answer
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12 charges for any such violation.
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13 D. No appointee shall serve if the appointee or any person
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14 related to the appointee in the third degree by consanguinity or
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15 affinity is an officer, director, employee or stockholder in any
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16 corporation or partnership which has as its business the
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17 manufacture, sale or distribution of an alcoholic beverage.
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18 E. No member of the ABLE Commission shall own, mortgage or
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19 lease any retail or wholesale store or warehouse, any establishment
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20 selling alcoholic beverages by the individual drink for on-premises
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21 consumption, any establishment operated by a caterer who provides
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22 alcoholic beverages by the individual drink pursuant to a caterer's
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23 license or any bottle club as provided in the alcoholic beverage
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24 control laws of this state.
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 1 F. The provisions of the Oklahoma Alcoholic Beverage Control
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2 Act shall not prevent any member of the ABLE Commission from
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3 purchasing and possessing, for personal use or use by the members of
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4 the member's family or any guests, any alcoholic beverage which may
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5 be purchased or kept by any person by virtue of the provisions of
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6 the Oklahoma Alcoholic Beverage Control Act.
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7 G. In order to establish the qualifications of members of the
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8 ABLE Commission, a national criminal history record check as defined
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9 in Section 150.9 of Title 74 of the Oklahoma Statutes shall be
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10 required for each member.
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11 H. A majority of the members of the ABLE Commission shall
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12 constitute a quorum to transact business, but no vacancy shall
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13 impair the right of the remaining members to exercise all of the
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14 powers of the Commission, and every act of a majority of the members
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15 shall be deemed to be the act of the ABLE Commission. The ABLE
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16 Commission shall appoint the Director as secretary who shall keep a
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17 record of all proceedings and official acts of the Commission and
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18 who shall be the custodian of all records and perform such other
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19 duties as the ABLE Commission shall prescribe.
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20 I. Each member of the ABLE Commission shall receive
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21 reimbursement for travel expenses incurred in attending meetings as
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22 provided for in the State Travel Reimbursement Act.
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23 J. The office of the ABLE Commission shall be in Oklahoma City
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24 in office space provided by the Office of Management and Enterprise
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 1 Services. All meetings of the ABLE Commission shall be open to the
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2 public and all records of the ABLE Commission shall be public
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3 records and open for public inspection. The ABLE Commission shall
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4 hold regular meetings at least once a month at its office and may
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5 hold such special meetings as it deems necessary at any time and at
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6 any place within the state.
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7 K. The ABLE Commission, for authentication of its records,
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8 process and proceedings, may adopt, keep and use a common seal, of
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9 which seal judicial notice shall be taken in all the courts of the
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10 state. Any process, notice or other paper which the ABLE Commission
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11 may be authorized by law to issue shall be deemed sufficient if
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12 signed by the secretary of the ABLE Commission and authenticated by
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13 such seal. All acts, orders, proceedings, rules, regulations,
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14 entries, minutes and other records of the ABLE Commission, and all
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15 reports and documents filed with the ABLE Commission may be proved
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16 in any court of this state by copy thereof certified by the
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17 secretary of the ABLE Commission with the seal of the ABLE
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18 Commission attached.
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19 L. The ABLE Commission shall not adopt or promulgate any rule
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20 or regulation inconsistent with the provisions of the Oklahoma
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21 Alcoholic Beverage Control Act or any law of this state.
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22 SECTION 2. This act shall become effective November 1, 2024.
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24 59-2-9421 JL 12/12/23
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