Sec. V-1. 28-A MRSA §403, as amended by PL 1997, c. 755, §1, is repealed.
Sec. V-2. 28-A MRSA §453-B, as repealed and replaced by PL 1993, c. 509, §5, is repealed and the following enacted in its place:
The initial license fee for an agency liquor store is $2,000 and the renewal fee for an annual license is $300.
Sec. V-3. Closure of 14 state liquor stores. Notwithstanding any other provision of law, the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations is directed to implement the closure of 8 state liquor stores by December 31, 2001. No sooner than June 1, 2002, but not later than December 31, 2002, the department is directed to close an additional 6 state liquor stores and to close additional stores based on the recommendations of the Commission to Develop a Plan to Implement the Closure of State Liquor Stores.
Sec. V-4. State liquor stores to be closed.
1. Replacement of state liquor stores. The Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations may license up to 6 agency stores in a municipality with a population over 20,000 where a state liquor store has been closed and up to 3 agency stores in a municipality where a state liquor store has been closed. The Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations shall establish monthly discounts for all agency stores. The issuance of an agency liquor store license and the operation of agency liquor stores licensed pursuant to this Part are governed by the Maine Revised Statutes, Title 28-A, chapter 19.
2. Requirement of at least one replacement agency liquor store before closing. A state liquor store may not be closed unless at least one replacement agency liquor store with a federal wholesale registration and licensed as a reselling agent has been licensed within 10 miles of the state store being closed or unless the Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services determines that reasonable alternative access is available to persons who previously purchased spirits from the state liquor store being closed.
3. Assistance to employees. The State shall provide assistance within existing programs to employees who are laid off as a result of the closing of state liquor stores. This assistance may include, but is not limited to, retraining, career planning and assistance in obtaining other employment and may be provided before or after an employee leaves state employment.
4. Funding employee assistance. Notwithstanding any other provision of law, the State Budget Officer is authorized to transfer by financial order upon approval of the Governor amounts between line categories within the Alcoholic Beverages - General Operations program during fiscal year 2001-02 to provide up to $450,000 to fund employee assistance costs for full-time and part-time state liquor store employees for whom reasonable alternative state government employment is not available or can not be found, and the Department of Administrative and Financial Services, Bureau of Employee Relations shall negotiate with the applicable bargaining agent regarding the assistance provided as well as the eligibility criteria for assistance. The State Budget Officer shall provide quarterly status reports to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and legal and veterans affairs beginning April 30, 2001. The report must include an update on the implementation of this section and all transfers from the General Fund Salary Plan program.
Sec. V-5. Commission to Develop a Plan to Implement the Closure of State Liquor Stores. The Commission to Develop a Plan to Implement the Closure of State Liquor Stores is established in accordance with the following.
1. Membership. The commission consists of the following members:
A. Two Senators, appointed by the President of the Senate;
B. Two members of the House of Representatives, appointed by the Speaker of the House;
C. One member representing the employees of state liquor stores, appointed jointly by the President of the Senate and the Speaker of the House;
D. Two owners of agency liquor stores, appointed jointly by the President of the Senate and the Speaker of the House;
E. One representative of the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, appointed by the Governor; and
F. One representative of the Department of Public Safety, Bureau of Liquor Enforcement, appointed by the Governor.
2. Appointments; meetings. Appointments must be made no later than 30 days after the effective date of this Act. The first named Senate member is the Senate chair; the first named House member is the House chair. The appointing authorities shall notify the Executive Director of the Legislative Council once the appointments have been made. The Executive Director of the Legislative Council shall notify the chairs when all appointments have been made. The chairs of the commission shall call and convene the first meeting of the commission any time after the effective date of this Act.
3. Duties. The commission shall develop a plan to effectuate an appropriate statewide liquor distribution system. In developing its plan, the commission shall consider the effects on wholesale distribution and sales of closing state liquor stores and consider strategies for moving to a system that relies on agency stores for all retail sales to the extent that does not negatively affect state revenue.
4. Report. The commission shall submit its report, together with legislation necessitated by the closing of state liquor stores, to the Second Regular Session of the 120th Legislature no later than January 31, 2002. If the commission requires an extension of time to make its report, it may apply to the Legislative Council, which may grant the extension.
5. Staff assistance. Upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide staffing assistance to the commission.
6. Compensation. The members of the commission who are Legislators are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the commission. Other members of the commission who are not compensated by their employers or other entities that they represent are entitled to receive reimbursement for travel and other necessary expenses related to their attendance at authorized meetings.
7. Budget. The chairs of the commission, with assistance from the commission staff, shall administer the commission's budget. The commission may not incur expenses exceeding its approved budget. Upon request from the commission, the Executive Director of the Legislative Council shall promptly provide the commission and its staff with a status report on the commission's budget, expenditures incurred and remaining available funds.
Sec. V-6. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
2001-02
LEGISLATURE
Commission to Develop a Plan to Implement the Closure of State Liquor Stores
Personal Services $1,320
All Other 2,600
Provides funds for the per diem and expenses of legislative members and other eligible members of the Commission to Develop a Plan to Implement the Closure of State Liquor Stores and to print the required report.
LEGISLATURE ____________
TOTAL $3,920
Sec. V-7. Allocation. The following funds are allocated from the Alcoholic Beverage Fund to carry out the purposes of this Part.
2001-02 2002-03
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Alcoholic Beverages - General Operation
Unallocated ($100,684) ($1,998,640)
Deallocates funds from savings that result from closing 8 state liquor stores by December 31, 2001, the elimination of discount store provisions and closing an additional 6 state liquor stores by December 31, 2002 but no earlier than June 1, 2002.
Sec. V-8. Calculation and transfer. Notwithstanding the Maine Revised Statutes, Title 5, section 1585, in fiscal year 2001-02 and 2002-03 the State Budget Officer shall calculate the amounts in section 7 of this Part that apply against each affected line category based on information submitted by the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations and shall transfer the calculated amounts by financial order upon the approval of the Governor. These transfers must be considered adjustments to allocations in fiscal years 2001-02 and 2002-03. The State Budget Officer shall provide the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over legal and veterans affairs with a report of the transferred amounts no later than September 30, 2002.
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