Senate Bill 2807

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE A STUDY COMMITTEE TO INVESTIGATE THE ADVISABILITY OF THE CREATION OF A MISSISSIPPI LIQUOR DISTRIBUTION CORPORATION TO ASSUME RESPONSIBILITY FOR THE SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES CURRENTLY UNDER THE PURVIEW OF THE ALCOHOLIC BEVERAGE CONTROL DIVISION OF THE DEPARTMENT OF REVENUE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this act, the following terms shall have the following meanings:

(a) "Corporation" means the Mississippi Liquor Distribution Corporation.

(b) "Department" means the Mississippi Department of Revenue.

(d) "Board" means the corporation's board of directors.

(2) There is created a study committee for the purpose of investigating the advisability of the creation of a Mississippi Liquor Distribution Corporation to assume responsibility for the sale and distribution of alcoholic beverages currently under the purview of the Alcoholic Beverage Control Division of the Department of Revenue. The committee shall comprise the following thirteen (13) members:

(a) The Chairman of the Senate Finance Committee;

(b) Five (5) other members of the Senate, to be appointed by the Chairman of the Senate Finance Committee;

(d) Five (5) other members of the House of Representatives, to be appointed by the Chairman of the House Ways and Means Committee; and

(e) A member of the department, or a designee, as ex officio, nonvoting member.

(3) The committee shall study, at a minimum, the following questions:

(a) The advisability of creating the corporation as a wholesale distributor and seller of alcoholic beverages in the state;

(b) The nature and scope of the duties of the corporation, and the relationship of those duties to the duties retained by the division;

(d) The authority of the board to charge fees to defray the costs of operating, maintaining, renovating or expanding facilities for the distribution of alcoholic beverages;

(e) The appointment, term of office and duties of the corporation's president;

(f) The public nature of the corporation's records, and any exceptions;

(g) The existence of information sharing agreements between the corporation and the department;

(h) The authority of the board to employ attorneys and contract with outside counsel;

(i) A requirement that the corporation maintain a personnel program with benefits for its employees, to serve at the will and pleasure of the president and not to be subject to civil service provisions or to be considered employees of the state;

(j) Prohibited conflicts of interest, provide penalties for violations, and enforcement by the State Ethics Commission;

(k) A requirement that the corporation publish quarterly and annual financial statements to be available to the public;

(l) The authority of the corporation to enter contracts and adopt procedures for procurements;

(m) Provision of funding for the corporation through a corporate operating account retained by and to the credit of the corporation, to contain monies from the sale of alcoholic beverages and other sources;

(n) Designation of officers and employees of the corporation as public servants under Section 25-4-103;

(o) A requirement that officers of the corporation file a statement of economic interest with the State Ethics Commission under Section 25-4-25;

(p) A requirement that the corporation submit quarterly and annual reports and financial statements;

(q) A requirement of an annual audit of the corporation's records by an independent auditor; and

(r) A requirement that the corporation submit its annual operating budget for the upcoming fiscal year to the Joint Legislative Budget Committee.

(4) Appointments to the study committee shall be made within thirty (30) days of the effective date of this act. At the first meeting, the committee shall elect from among its membership a chairman, a vice chairman and any other officers determined to be necessary, and shall adopt rules for transacting business and keeping records.

(5) A majority of the members of the study committee shall constitute a quorum. In the adoption of rules, resolutions and reports, and in the election of a chairman, vice chairman and any other officers determined to be necessary, an affirmative vote of a majority of the members present shall be required.

(6) The department shall provide the staff and other support necessary for the study committee to perform its duties.

(7) To effectuate the purposes of this act, any department, division, board, bureau, committee, institution or agency of the state, or any political subdivision thereof, shall, at the request of the chairman of the study committee, provide the facilities, assistance, information and data needed to enable the study committee to carry out its duties.

(8) The study committee shall be dissolved on or before January 1, 2021.

SECTION 2. This act shall take effect and be in force from and after its passage.