STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE JOINT
RESOLUTION 17	By:	Jolley

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection the repeal of Section 1.A of Article XXVIII of the Oklahoma Constitution, and proposed amendments to Article XXVIII of the Oklahoma Constitution by adding a new Section 1B, and by amending Section 7; renaming the Alcoholic Beverage Laws Enforcement Commission; providing for additional duties; providing an effective date; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 54TH OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the repeal of Section 1.A of Article XXVIII of the Oklahoma Constitution.
SECTION 2.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendments to Article XXVIII of the Oklahoma Constitution, by amending Sections 1 and 7 to read as follows:
Section 1.  There is hereby created the The Alcoholic Beverage Laws Enforcement Commission is hereby reconstituted and renamed the Oklahoma Bureau of Alcohol and Drug Enforcement.  The purpose of the Commission shall be to enforce the alcoholic beverage and controlled dangerous substance and drug laws of the State, and the Commission shall have such power and authority to enforce such laws, rules and regulations as shall be prescribed by the Legislature.
The Commission shall consist of seven (7) members, to be appointed by the Governor with the advice and consent of the State Senate.  Five (5) of the members shall be at-large members representing the lay citizenry.  The remaining two (2) members shall be persons with law enforcement experience in the State.  Any time there is a vacancy on the Commission the Governor shall appoint a replacement, with the advice and consent of the State Senate, within ninety (90) days.  Members of the Commission shall be appointed for a term of five (5) years.  The Commission shall appoint a Director, whose duties shall be defined by the Legislature.  No more than four (4) members of the Commission shall be appointed from the same political party.  No more than two (2) members of the Commission shall be appointed from the same federal congressional district.
No member of the Commission shall hold any license authorized by this Article, or have any interest in any capacity, in the manufacture, sale, distribution or transportation of alcoholic beverages.
The members of the Commission shall be removable from office for cause as other officers not subject to impeachment.
Section 7.  The retail sale of alcoholic beverages shall be subject to the sales tax statutes enacted by the Legislature and in addition thereto the Legislature may levy taxes upon the manufacture, possession and/or all sales of alcoholic beverages, including sales by retail package stores and sales by the individual drink for on-premises consumption, the proceeds of which, except sales tax, shall be distributed as follows:
(a)  The Oklahoma Tax Commission shall collect and distribute the taxes collected under the terms of this Article and shall distribute ninety-seven percent (97%) of such taxes as are levied and as are attributable to retail sales by package stores as follows:
(1)  One-third (1/3) of taxes attributable to sales by retail package stores shall be allocated to the counties of the State of Oklahoma on the basis of area and population (giving equal weight to area and population) and all of said funds shall be appropriated by the Board of County Commissioners in each county to all incorporated cities and towns in said county on the basis of population within each city and town on a per capita basis based on the last preceding Federal Decennial Census.
(2)  Two-thirds (2/3) of taxes attributable to sales by retail package stores shall be credited to the General Revenue Fund of the State of Oklahoma.
(b)  The remaining three percent (3%) of taxes attributable to sales of alcoholic beverages by retail package stores; and up to (3%) of taxes attributable to sales of alcoholic beverages by the individual drink for on-premises consumption, as shall be determined by the State Legislature; shall be paid to the State Treasurer and placed to the credit of the Oklahoma Tax Commission Fund, to be paid out of said fund pursuant to appropriations made by the State Legislature.
(c)  The remaining taxes attributable to sales of alcoholic beverages by the individual drink for on-premises consumption, shall be credited to the General Revenue Fund of the State of Oklahoma. The State Legislature shall appropriate to the Oklahoma Alcoholic Beverage Laws Enforcement Commission Oklahoma Bureau of Alcohol and Drug Enforcement from all available taxes collected under this Article, whatever funds are necessary to provide for full enforcement of the alcoholic beverage laws of the State.
(d)  All State license fees shall be collected by the Oklahoma Alcoholic Beverage Laws Enforcement Commission as provided by law and deposited in the State Treasury and after the expenses of the Commission collecting the fees, as approved by the Legislature, have been deducted, the balance shall be credited to the General Fund.
SECTION 3.  This resolution shall become effective July 1, 2015, if approved by the people.
SECTION 4.  The Ballot Title for the proposed Constitutional amendments as set forth in SECTIONS 1 and 2 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution.  It repeals Section 1.A of Article 28.  It amends Sections 1 and 7 of Article 28.  Article 28 deals with alcoholic beverages.  The changes would rename the Alcoholic Beverage Laws Enforcement Commission as the Oklahoma Bureau of Alcohol and Drug Enforcement.  This measure changes the way certain license fees are collected.  The fees will be collected as provided for by law.  These changes to Article 28 would take effect on July 1, 2015.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 5.  The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 4 hereof, with the Secretary of State and one copy with the Attorney General.

54-1-925	CD	1/16/2013 11:30:52 AM