Oklahoma 2022 Regular Session

Oklahoma House Bill HB1922 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1922 HFLR Page 1
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	3	+	Req. No. 5589 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 1922 By: Martinez
	32	+	HOUSE BILL 1922 By: Martinez
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43		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
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45	40		An Act relating to alcoholic beverages; amending
46	41		Section 76, Chapter 366, O.S.L. 2016, as last amended
47	42		by Section 3, Chapter 113, O.S.L . 2018 (37A O.S.
48	43		Supp. 2020, Section 3-106), which relates to the
49	44		shipment of wine; modifying requirements for certain
50	45		reports; prohibiting certain acts; providing
51	46		penalties; and providing an effective date.
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57	52		BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
58	53		SECTION 1. AMENDATORY Section 76, Chapter 366, O.S.L.
59	54		2016, as last amended by Section 3, Chapter 113, O.S.L. 2018 (37A
60	55		O.S. Supp. 2020, Section 3 -106), is amended to read as follows:
61	56		Section 3-106. A. A Direct Wine Shipper's Permit may be issued
62	57		by the Oklahoma ABLE Commission to a winery licensed in this or any
63	58		other state within the United States as a wine producer. A Direct
64	59		Wine Shipper's Permit allows a winery to ship up to six nine -liter
65	60		cases of wine annually directly to an Oklahoma resident who is
66	61		twenty-one (21) years of age or older for such resident 's personal
	62	+	use and not for resale. No resident shall be permitted to purchase
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68		-	HB1922 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments. 1
	64	+	Req. No. 5589 Page 2 1
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94		-	use and not for resale. No resident shall be permitted to purcha se
95	89		more than thirty nine -liter cases of wine per year under the
96	90		provisions of this section.
97	91		B. The ABLE Commission shall promulgate rules governing the
98	92		application, issuance and renewal of Direct Wine Shipper 's Permits,
99	93		which shall include but not be limited to:
100	94		1. Proof of current licensure in this or any other state as a
101	95		wine producer;
102	96		2. Payment of a registration fee of Three Hundred Dollars
103	97		($300.00) for original permits and One Hundred Fifty Dollars
104	98		($150.00) for renewal permits; and
105	99		3. Any other documentation that the ABLE Commission believes is
106	100		reasonably necessary to veri fy the identity and physical location of
107	101		the winery.
108	102		C. With regard to direct wine shipments permitted by this
109	103		section, Direct Wine Shipper permit holders:
110	104		1. Shall not ship more than six nine -liter cases of wine
111	105		annually to any person for his or her per sonal use;
112	106		2. Shall not ship wine intended for resale;
113	107		3. Shall ensure that all packages containing wine shipped
114	108		directly to a resident in this state are conspicuously labeled with
115	109		the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
116	110		REQUIRED FOR DELIVERY" or are conspicuously labeled with alternative
117	111		wording preapproved by the ABLE Commission;
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119		-	HB1922 HFLR Page 3
120		-	BOLD FACE denotes Committee Amendments. 1
	113	+	Req. No. 5589 Page 3 1
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145	138		4. Shall require the transporter or common carrier that
146	139		delivers the wine to obtain the signature of a person twenty -one
147	140		(21) years of age or older at the delivery address at the time of
148	141		delivery. At the expense of the Direct Wine Shipper, the Direct
149	142		Wine Shipper shall receive a delivery confirmation from the express
150	143		company, common carrier or contract carrier indicating the location
151	144		of delivery and the name and signature of the individual who
152	145		accepted the delivery. The ABLE Commission shall design and create
153	146		a label or approve a label that must be affixed to the shipping
154	147		container by the licensee;
155	148		5. Shall report to the ABLE Commission annually, by a method
156	149		prescribed by the ABLE Commission, the total amount of wine shipped
157	150		into the state the preceding calendar year;
158	151		6. Shall annually pay to the Oklahoma Tax Commission all
159	152		applicable taxes due on sales authorized by this section to Oklahoma
160	153		residents in the preceding calendar year. The amount of such taxes
161	154		shall be calculated as if the sale were in Oklahoma at the location
162	155		where delivery is made. Upon request, permit holders shall permit
163	156		the Tax Commission to perform an audit of the permit holder 's
164	157		records in order to assure compliance;
165	158		7. Shall be deemed to have consented to the jurisdiction of any
166	159		agency or court of the State of Oklahoma tasked with the enforcement
167	160		of or adjudication of controversies related to this section and any
168	161		related laws or rules; and
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170		-	HB1922 HFLR Page 4
171		-	BOLD FACE denotes Committee Amendments. 1
	163	+	Req. No. 5589 Page 4 1
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196	188		8. Shall require the consumer to verify, by electronic means or
197	189		otherwise, that the consumer is at least twenty -one (21) years of
198	190		age.
199	191		D. Every express company, common carrier, contract carrier and
200	192		every firm or corporation that shall bring, carry or transport wine
201	193		for delivery to any person in the state, except wine or spirit
202	194		wholesalers or beer distributors, shall prepare and file quarterly
203	195		with the ABLE Commission a report, which shall not be subject to the
204	196		Oklahoma Open Records Act, of kno wn wine shipments containing:
205	197		1. The name of the company, carrier, person, firm or
206	198		corporation making the report;
207	199		2. The period of time covered by the report;
208	200		3. The name, direct shipping permit number and business address
209	201		of the consignor shipping the wine;
210		-	4. The weight of the packages shipped;
	202	+	4. The weight of the packages shipped quantity of wine
	203	+	delivered to each consignee ;
211	204		5. The unique tracking number of the delivery; and
212	205		6. The date of delivery.
213	206		E. No express company, common carrier or contract carrier nor
214	207		any representative, agen t or employee on behalf of an express
215	208		company, common carrier or contract carrier shall knowingly deliver
216	209		any shipping container that contains an alcoholic beverage into this
217	210		state, unless it complies with the provisions of this section. No
218	211		express company, common carrier or contract carrier nor any
219		-	representative, agent or employee on behalf of an express company,
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221		-	HB1922 HFLR Page 5
222		-	BOLD FACE denotes Committee Amendments. 1
	213	+	Req. No. 5589 Page 5 1
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	238	+	representative, agent or employee on behalf of an express company,
247	239		common carrier or contract carrier shall knowingly deliver any
248	240		shipping container that is clearly labeled as containing an
249	241		alcoholic beverage, including, but not limited to, the lawful
250	242		shipment of wine under this section, to any person in this state who
251	243		is under the age of twenty -one (21) at the time of delivery. Any
252	244		express company, common carrier or contract carrier that carries or
253	245		transports alcoholic beverages for delivery within this state in
254	246		violation of this section for the first offense shall be fined not
255	247		more than One Thousand Five Hundred Dollars ($1,500.00), for a
256	248		second offense shall be fined not more than Two Thousand Five
257	249		Hundred Dollars ($2,500.00), and for a third and subsequent offense
258	250		shall be fined not more than Five Thousand Dollars ($5,000.00). An
259	251		express company, common carrier and contract carrier shall be held
260	252		vicariously liable for the actions of its representatives, agen ts
261	253		and employees for actions in violation of this section.
262	254		F. The provisions of this section do not apply to a motor
263	255		carrier or freight forwarder as defined in Section 13102 of Title 49
264	256		of the United States Code or to an air carrier as defined in Section
265	257		40102 of Title 49 of the United States Code.
266	258		SECTION 2. This act shall become effective November 1, 2021.
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268		-	COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
269		-	SUBSTANCES, dated 03/01/2021 - DO PASS, As Amended.
	260	+	58-1-5589 JL 11/20/20