A BILL TO BE ENTITLED
AN ACT to create the alcoholic beverage control issues study commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Alcoholic Beverage Control Issues Study Commission. (a) Study Commission Established. – There is established a Comprehensive Transportation Issues Study Commission to report to the 2005 Session of the General Assembly.
SECTION 2.  Membership. – The Study Commission shall be composed of members as follows:
(1)	The Chairs of the Alcohol Beverage Control Committee of the House of Representatives and the Commerce Committee of the Senate.
(2)	Five members of the House of Representatives.
(3)	Five members of the Senate.
(4)	Two commissioners from counties where the sale of alcoholic beverages is permitted countywide appointed by the President Pro Tempore of the Senate.
(5)	Two commissioners from counties where the sale of alcoholic beverages is prohibited countywide but where there are municipalities where the sale of alcoholic beverages is permitted appointed by the Speakers of the House of Representatives.
(6)	Two members of local ABC boards appointed by the Speakers of the House of Representatives.
(7)	One member representing the wine industry in North Carolina appointed by the President Pro Tempore of the Senate.
(8)	One member representing the malt beverage industry in North Carolina appointed by the President Pro Tempore of the Senate.
(9)	Two members representing the spirituous liquor industry in North Carolina appointed by the Speakers of the House of Representatives.
(10) 	The Chairman of the Alcoholic Beverage Control Commission, the Secretary of Crime Control and Public Safety, and the Secretary of Health and Human Services, or their designees shall serve as ex officio members.
The appointing authorities shall make their appointments within 30 days of the effective date of this act.
SECTION 3.  Duties of the Commission. – The Commission shall study all aspects of alcoholic beverage control in this State. The study shall include an examination of all the following:
(1)	Whether the current method of regulating the sale and distribution of alcoholic beverages, and specifically the sale and distribution of fortified wine and spirituous liquor, in North Carolina is the most efficient and effective method as compared to different systems in other states.
(2)	Whether the current statutory and regulatory scheme contained in Chapter 18B of the General Statutes is legally sufficient in light of recent legal challenges and judicial decisions, and if so, whether or not Chapter 18B should be recodified.
(3)	The effectiveness of enforcement of alcoholic beverage control laws and regulations.
(4)	Any other matter relating to alcoholic beverage control in North Carolina. 
SECTION 4.  Vacancies. – The appointing authority shall fill any vacancy on the Study Commission.
SECTION 5.  Cochairs. – The President Pro Tempore of the Senate and the Speakers of the House of Representatives shall designate Cochairs of the Study Commission. The Study Commission shall meet upon the call of the Cochairs. A quorum of the Study Commission shall be a majority of the members.
SECTION 6.  Expenses of Members. – Members of the Study Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 7.  Staff. – The Legislative Services Office shall assign professional and clerical staff to assist the Study Commission in its work.
SECTION 8.  Consultants. – The Study Commission may hire consultants to examine specific issues and subjects related to the study, in accordance with G.S. 120‑32.02.
SECTION 9.  Meetings During Legislative Session. – The Study Commission may meet during a regular or extra session of the General Assembly.
SECTION 10.  Meeting Location. – The Study Commission may meet at various locations around the State in order to promote greater public participation in its deliberations. The Legislative Services Commission shall grant adequate meeting space to the Study Commission in the State Legislative Building or the Legislative Office Building.
SECTION 11.  Report. – The Commission may make interim reports and shall make a final report to the General Assembly no later than January 15, 2005. Regardless of whether it has filed an interim or final report, the Commission shall terminate on January 15, 2005. The final report shall include Commission recommendations for legislation to implement recommendations made by the Commission.
SECTION 12.  Funding. – The Study Commission shall be funded from funds available to the Joint Legislative Transportation Oversight Committee in accordance with G.S. 120‑70.52.
SECTION 13.  This act is effective when it becomes law.