130th Ohio General Assembly
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S. B. No. 304  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 304


Senator Kearney 



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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