Louisiana House Bill HB548

Louisiana 2011 Regular Session

• Introduced: 4/25/11
• Refer: 4/25/11

Caption

Provides with respect to the sale of property seized by the office of alcohol and tobacco control

Impact

The implementation of HB 548 is expected to significantly alter the landscape of alcohol and tobacco regulation in Louisiana. The enhanced powers will enable more efficient enforcement of existing laws, particularly against illicit sales that evade state taxes. By allowing for the seizure of low alcoholic content beverages and indicating procedures for both permanent destruction and public sale of seized products, the bill could facilitate stronger state control over sales that undermine public health regulations. It represents a proactive measure to tighten the regulatory framework surrounding alcohol and tobacco control in the state.

Summary

House Bill 548 aims to expand the authority of the commissioner of alcohol and tobacco control in Louisiana by extending the power to search, seize, and forfeit both high and low alcoholic beverages as well as tobacco products. The bill repeals previous statutes that limited the scope of seizure to only high alcoholic content beverages, thereby broadening the enforcement capabilities against illegal distribution and sale of these substances. This new legislation requires that products be seized with probable cause and describes detailed procedures for their forfeiture, appraisal, and destruction, if deemed contraband per se.

Sentiment

The sentiment around HB 548 appears to be supportive among lawmakers concerned about compliance with tax laws and public health. Proponents argue that the bill is essential for curtailing illegal sales and promoting responsible consumption, with many highlighting the need for more stringent control mechanisms amidst rising cases of underage and unregulated sales. However, there may also be contention surrounding the extent of enforcement, particularly regarding how these powers could impact small businesses and lawful vendors caught in the regulatory crossfire.

Contention

Notable points of contention may arise regarding the balance between law enforcement authority and the rights of individuals and businesses. The bill's provisions allow for severe penalties, including the destruction of property considered contraband and stringent conditions for the release of seized goods. Critics may raise concerns over potential abuses of power, especially in terms of what constitutes 'probable cause'. There could also be debate over the fairness of mandatory forfeiture processes that lack the opportunity for preliminary hearings or immediate legal recourse for businesses accused of minor violations.