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S. B. No. 304 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 4301.022 and 4301.07 of the Revised
Code to add two additional members to the Liquor
Control Commission and to adjust the salaries of
Commission members.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.022 and 4301.07 of the Revised
Code be amended to read as follows:
Sec. 4301.022. The liquor control commission consists of
three five commissioners, not more than two three of whom shall be
of the
same political party, who shall be appointed by the
governor,
with the advice and consent of the senate. Terms of
office shall
be for six years, commencing on the ninth day of
February and
ending on the eighth day of February, except that
upon expiration
of the term ending February 12, 1979, the new term
which succeeds
it shall commence on February 13, 1979 and end on
February 8,
1985. Each member shall hold office from the date of
his
appointment until the end of the term for which he was
appointed.
Any member appointed to fill a vacancy occurring prior
to the
expiration of the term for which his the member's
predecessor
was appointed
shall hold office for the remainder of
such term. Any member
shall continue in office subsequent to the
expiration date of his
the member's term until his the member's
successor takes
office, or until a period of sixty
days has
elapsed, whichever occurs first.
A vacancy in the office of a member of the commission shall
be filled pursuant to section 3.03 of the Revised Code.
The governor shall select a member of the commission to be
its chairman chairperson and a second member of the commission
to
be its vice-chairman vice-chairperson. The governor may
remove a
member of the
commission at any time for misfeasance, nonfeasance,
or
malfeasance in office. The commission shall appoint an
executive
secretary and such other employees as it considers
necessary to
carry out its powers and duties.
The governor shall designate the chairman chairperson and
vice-chairman vice-chairperson at the time of making the
original
appointment of members of the
commission, at the time thereafter
of making an appointment of
any member for a full term, and at the
time of any vacancy in the
office of chairman chairperson or
vice-chairman
vice-chairperson.
Sec. 4301.07. Each member of the liquor control commission
shall devote
the member's entire time to the duties of
office
and
shall hold no other public position of trust or profit.
No member
of the
commission, nor the
superintendent of
liquor control, nor
any of the
employees of the
commission
or of the
division of
liquor control, shall
have
any
direct financial interest in, or
any interest otherwise prohibited by Chapter 102. or section
2921.42 or 2921.43 of the Revised Code in, the
manufacture,
distribution, or sale of beer or intoxicating liquor.
Each member of the commission and the
chairperson
shall
receive a salary fixed
pursuant to division (J) of section
124.15
of the Revised Code. The salaries of commission members shall be
equal in amount and shall not exceed in total the total amount of
salaries to which commission members were entitled on the day
before the effective date of this amendment. In addition
to that
salary,
each member shall receive
actual and necessary travel
expenses
in
connection with commission hearings and business. The
chairperson shall be an attorney at law who has had five years of
active law practice.
Section 2. That existing sections 4301.022 and 4301.07 of the
Revised Code are hereby repealed.
Section 3. The initial term of one additional member required
to be appointed to the Liquor Control Commission under section
4301.022 of the Revised Code shall end on February 8, 2012, and
the initial term of the other additional member required to be
appointed to the Commission under that section shall end on
February 8, 2014.
Section 4. The salaries of Commission members shall be
adjusted so that once the Commission members holding office on the
effective date of this section have completed those terms of
office the total amount of the salaries of the five Commission
members will not exceed the total amount of the salaries of the
three Commission members who were holding office on the day before
that effective date.
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