FISCAL NOTE

Date Requested: January 10, 2018
Time Requested: 02:21 PM
Agency: Alcohol Beverage Control Administration
CBD Number: Version: Bill Number: Resolution Number:
1082 Introduced SB17
CBD Subject: Alcoholic Liquors and Beers


FUND(S):

General

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense



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. SB 17, as drafted, provides appointees or employees the option to carry a firearm in the performance of their duties. SB 17 is not clear as to the benefits, costs and liabilities associated with an appointee or employee choosing to carry a firearm at the appointee or employee's option, not at the commissioner's option. SB 17 appears to indicate that since the appointee or employee has the option to carry the firearm, that the firearm and training with the State Police would be at the appointee or employee's expense. Whomever pays the expense, there are costs to the state in the training, continuous training and certification, firearm cost, insurance liability and personal liability.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2018
Increase/Decrease
(use"-")
2019
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 23,068 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 23,068 500 500
2. Estimated Total Revenues 23,068 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 WVABCA Enforcement Division provided costs to train and continuously train a team of Enforcement Agents if SB 17 were amended and such costs were borne by the WVABCA. The WVABCA Enforcement Division contacted the State Police and used market prices for weapons and ammo. The number does mot include any increases in insurance cost or coverage for the WVABCA and no estimate of any legal costs. There may additional costs in later years as Agents are hired, retire and move jobs. However, the cost of $23,068 is small compared to greater Enforcement Agent safety.



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. SB 17, as drafted, should be amended to permit the Commissioner to exercise discretion as to which enforcement agents may carry a firearm; should clarify that carrying a firearm is not a requirement of continued employment by the WVABCA; and should clarify that the WVABCA bears the cost of training, continuous training, weapons, ammo, holsters, bullet proof vests and etc. SB 17 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 quasi-law enforcement officer who enforces criminal codes) would likely no longer be able to enforce WVABCA administrative code and rules without further changes to the Code. SB 17 does not limit liability for WVABCA agents who carry a firearm. The potential liability could be unlimited. SB 17 does not address whether Agents could conceal carry the firearms. Note, there are employee safety 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, SB 17, as drafted, does not accomplish its stated purpose and creates a number of other problematic issues. SB 17 could perhaps be amended to address these issues.



    Person submitting Fiscal Note: Anoop Bhasin on WVABCA's behalf
    Email Address: Anoop.K.Bhasin@wv.gov