House Approves ABC Fine Authority; Proposal to Direct Penalties to Substance‑Abuse Fund Fails
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Summary
House passage of House Bill 30 gives the Department of Alcoholic Beverage Control authority to levy fines as an alternative to suspending licenses; an amendment to deposit fines into the substance‑abuse prevention account was defeated; HB 30 passed the House 70‑2.
Representative Kevin S. Garn introduced House Bill 30, which would give the Department of Alcoholic Beverage Control (ABC) the authority to impose monetary penalties in lieu of or in addition to suspending liquor and beer licenses, and direct ABC to establish a violation grid to categorize infractions and appropriate penalties. The bill also would allow temporary special‑event permit holders to display signage indicating where alcoholic beverages are being sold.
Sponsor Garn and supporters said fines provide a less disruptive enforcement tool than license suspensions for technical violations that can cause short‑term economic harm to small businesses. Garn told the House the bill would allow ABC to enforce rules without shutting a business down for a minor technicality.
Lieutenant (Representative) Davis proposed a friendly amendment to place any fines collected under the bill into the state’s substance‑abuse prevention account (described in the transcript as part of the Victims Reparation Fund structure, referencing statutory section 63‑63a‑5). Davis argued directing fines to prevention programs was appropriate. Opponents, including members of the appropriations and finance side, warned against earmarking penalty revenue without legislative appropriation control and argued dedicated accounts tie legislative hands in future budgeting.
After debate, the Davis amendment failed. The House then voted on House Bill 30 on final passage; the clerk recorded 70 affirmative votes and 2 negatives and referred the bill for further consideration.
The bill makes two substantive changes: it permits ABC to use fines as a disciplinary tool (Sponsor described a violation grid and rulemaking authority) and it allows temporary‑permit vendors to use signage informing the public that alcoholic beverages are sold at the event. During floor questioning the sponsor noted the proposal is intended to give ABC more options and to avoid imposing economically harmful suspensions for technical violations.
