Senate advances bill restoring Alcoholic Beverage Control director appointment process

Senate Bill 108, an amendment to alcoholic beverage law presented on Jan. 30, 1998, was advanced to the Senate’s third-reading calendar after floor debate on appointment authority for the director of the Alcoholic Beverage Control agency.

Senator Bueller described SB108 as a short housekeeping bill that reinstates a sunset date and restores language that, historically, placed appointment and removal of the agency’s director with the Alcoholic Beverage Control commission rather than the governor. Bueller said the provision reflected longstanding practice dating back to the 1970s and required specific steps (including public hearing) for removal.

Senator Warren questioned whether the bill removes the Senate’s advice-and-consent role and expressed concern that eliminating advice-and-consent could produce a stalemate if the governor refuses to approve commission appointees. Bueller and other supporters responded that the language returns the statute to its prior form, in which the commission appoints the director with the governor’s approval and that commissions are appointed for set terms, limiting unilateral gubernatorial removal.

Following debate, the Senate called the question. The roll call recorded 24 ayes, 3 nays and 2 absent; the bill will be placed on the third-reading calendar.

Next steps: SB108 proceeds to third reading for final floor action. If enacted, the statutory appointment process for the Alcoholic Beverage Control director would be restored to its prior form as described on the floor.