FISCAL NOTE
Date Requested: January 14, 2023
Time Requested: 03:03 PM |
| Agency: |
Alcohol Beverage Control Administration |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1305 |
Introduced |
HB2051 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
Unaware
Sources of Revenue:
Other Fund Unaware
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
The bill's fiscal impact is unclear as the criminal penalties would appear to go to the police and not DHHR. There is no administrative structure or fund set up in the bill
The bill does not create an administrative license structure so the ability to fine businesses per a legislative rule is likely unconstitutional as there is also no appeal process in the bill.
The bill has several drafting deficiencies that will likely result in litigation by tobacco sellers against the State.
The bill also ignores W. Va. Code 60-9-1 et seq.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2023
Increase/Decrease
(use"-") |
2024
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
The bill's fiscal impact is unclear as the criminal penalties would appear to go to the police and not DHHR. There is no administrative structure or fund set up in the bill.
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
The bill's fiscal impact is unclear as the criminal penalties would appear to go to the police and not DHHR. There is no administrative structure or fund set up in the bill
The bill does not create an administrative license structure so the ability to fine businesses per a legislative rule is likely unconstitutional as there is also no appeal process in the bill.
The bill has several drafting deficiencies that will likely result in litigation by tobacco sellers against the State.
The bill also ignores W. Va. Code 60-9-1 et seq.
You may wish to contact WV DHHR.
Person submitting Fiscal Note: Anoop Bhasin, General Counsel on behalf of WVABCA
Email Address: Anoop.K.Bhasin@wv.gov