H. B. 4668
(By Delegates Sobonya, Perdue, Staggers, Beach,
Hatfield and Rowan)
[Introduced February 18, 2008; referred to the
Committee on Finance.]
Hamilton, Brown, Reynolds, C. Miller, Rodighiero,
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §27-1A-11a; and to
amend and reenact §60-3-9, all relating to the creation of the
West Virginia Addictions Treatment and Recovery Fund by
dedicating five cents per ounce of the uniform price of
alcoholic liquors sold in this state to the fund.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §27-1A-11a; and that
§60-3-9 of said code be amended and reenacted, all to read as
CHAPTER 27. MENTALLY ILL PERSONS.
ARTICLE 1A. DEPARTMENT OF HEALTH.
§27-1A-11a. West Virginia Addictions Treatment and Recovery Fund.
(a) All moneys collected from the five cent per ounce
designation, effective the first day of July, two thousand eight,
as outlined in chapter sixty, article three, section nine of this
code shall be deposited in a special account in the State Treasury to be known as the "West Virginia Addictions Treatment and Recovery
Fund." Expenditures from the fund are for the purposes set forth
in subsection (b) of this section and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature in accordance with the provisions
of article three, chapter twelve of this code and upon fulfillment
of the provisions of article two, chapter eleven-b of this code.
For the fiscal year ending the thirtieth day of June, two thousand
nine, and every year thereafter, expenditures are authorized from
collections rather than pursuant to appropriation by the
Legislature. The fund shall also include all receipts from loans
made by the fund, any moneys appropriated by the Legislature, all
income from the investment of moneys held in the fund and all other
moneys designated for deposit to the fund from any source, public
(b) The fund, to the extent that money is available, shall be
used for the development and support of programs including, but
not limited to, community-based support programs and/or
community-based corrections programs. The funds shall be used only
for programs relating to the prevention, intervention, treatment,
and recovery from addictions such as those related to drug and/or
alcohol use. Further, no more than three percent of the total
revenue generated pursuant to section nine, article three, chapter
sixty of this code may be used to defray costs incurred by the
department in administering the provisions of this subsection.
(c) The secretary shall promulgate rules, in accordance with the provisions of article three, chapter twenty-nine-a of this
code, to govern the disbursement of moneys from the fund for
development costs, operating costs, infrastructure and program
support, establish criteria for eligibility to receive grants or
loans from the fund and in cases where loans are issued, establish
the terms and conditions of the loans, including interest rates and
repayment of terms.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3. SALES BY COMMISSIONER.
§60-3-9. Uniform prices; posting and distribution of price lists;
continuation of price increase on alcoholic liquors.
The commissioner shall, from time to time, fix uniform prices
for each variety, class and brand of alcoholic liquors offered for
sale in state stores. Alcoholic liquors shall be sold in state
stores and agencies only at the uniform prices fixed by the
commissioner. As of the first day of July, two thousand eight,
five cents per ounce of the uniform price for each variety, class
and brand of alcoholic liquors offered for sale in state stores
shall be deposited into the West Virginia Addictions Treatment and
Recovery Fund established in section eleven-a, article one-a,
chapter twenty seven of this code.
The commissioner shall prepare price lists showing the price
of each variety, class or brand. Price lists shall be posted
prominently in each store and shall be available for distribution
and inspection in every state store and agency.
The commissioner, in the exercise of his or her
authority under this section, is hereby directed to continue the increase in
the price of alcoholic liquors, heretofore effected pursuant to the
provisions of this section as amended by chapter six, Acts of the
Legislature of West Virginia, regular session, one thousand nine
hundred fifty-one, which is presently producing an additional
annual revenue of one million six hundred thousand dollars on an
annual volume of business equal to the average for the past three
The revenue derived from the increase in the price of
alcoholic liquors shall be deposited into the General Revenue Fund
in the manner hereinafter provided in section seventeen of this
NOTE: The purpose of this bill is to create the West Virginia
Addictions Treatment and Recovery Fund by dedicating five cents per
ounce of the uniform price of alcoholic liquors sold in this state
to the fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would