FISCAL NOTE
Date Requested: March 06, 2017
Time Requested: 11:57 AM |
| Agency: |
Alcohol Beverage Control Administration |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2920 |
Introduced |
SB517 |
|
|---|
| CBD Subject: |
Alcoholic Liquors and Beers |
|---|
|
FUND(S):
General
Sources of Revenue:
General Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This bill purports to authorize WVABCA Agents to optionally carry firearms in the course of their duties.
The bill does not state who is to purchase the firearms, the WVABCA or the Agent. The cost of firearms for a group of Agents or for all Agents could be expensive.
The bill does not state what level of "State Police Academy" training is expected in order to complete the training. The bill does not state who pays for the training. The cost could be substantial if WVABCA is supposed to pay for the 16 week police academy training or any other level of training. If an Agent fails to satisfactorily complete the firearm training, then should such Agent be terminated for failure to meet job requirements?
The bill also bestows upon Agents the authority as a sworn police officers to enforce the criminal laws of the state. Any agent so authorized (as a law enforcement officer who enforces criminal codes) would likely no longer be able to enforce WVABCA administrative code and rules.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2017
Increase/Decrease
(use"-") |
2018
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):
While the dollar amount is difficult to estimate, there are costs to consider:
Cost of weapons, gear, ammo and bullet proof vests.
Cost of State Police Academy training and continuous training;
Increased BRIM or insurance costs;
The bill does not limit liability for WVABCA employees. The potential liability could be unlimited.
Memorandum
While the concept of WVABCA Agents carrying firearms may have merit in some aspects, the practicality and lack of the ability to charge licensees administratively would hamper the WVABCA.
The bill creates a constitutional problem with unreasonable searches and seizures and/or warrantless searches since WVABCA Agents designated and qualified to carry a firearm would be quasi-police or police and any Agents not designated to carry weapons could be deemed agents of quasi-police or police officer. Constitutional questions could arise if quasi-police or WVABCA agents working at the direction of quasi-police are regulating and inspecting bars.
This bill does not address whether Agents could conceal carry the firearms.
Additionally, there are employee and public safety concerns with carrying a weapon in situations where a weapon can automatically escalate a situation. The WVABCA has the statutory authority to request the assistance of the WV State Police when the Commissioner deems it necessary. This system has been in place for many years and has worked very effectively without jeopardizing the administrative law and citation process for Licensees without creating greater liabilities for the WVABCA.
In summary, this bill does not accomplish its stated purpose and creates a number of other problematic issues.
Person submitting Fiscal Note: Anoop Bhasin,General Counsel on behalf of WVABCA
Email Address: Anoop.K.Bhasin@wv.gov