FISCAL NOTE
Date Requested: January 14, 2026
Time Requested: 07:36 PM |
| Agency: |
Alcohol Beverage Control Administration |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1383 |
Introduced |
SB130 |
|
|---|
| CBD Subject: |
Consumer Protection; Health |
|---|
|
FUND(S):
unclear
Sources of Revenue:
Other Fund unclear
Legislation creates:
Creates New Revenue, Creates New Expense, Creates New Program
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 130 proposes to create a state registry for e-cigarettes and e-cigarettes liquids dually listed with Tax and WVABCA. The bill has a $100 annual registration fee for each product and sets certain requirements to be considered for registry. The registry must be published by the Tax Commissioner or the ABC Commissioner on their website with a directory of all certified manufacturers and certified products with updates.
The bill includes procedures for removing manufacturers or their products from the directory, including giving notice and contesting the proposed removal. The bill prohibits sales by a manufacturer of products not listed on the directory. The bill provides for a $100 per day civil monetary penalties for violations. The bill provides civil penalties for a distributor, wholesaler and retailers. The bill provides for joint enforcement by the Tax and WVABCA, including examination of books and premises, and unannounced compliance checks. Foreign manufacturers are required to designate an agent in the state for service of process, and to give notice of the termination of any agent. The bill provides a mechanism to remove a manufacturer or product from the directory. Lastly, the bill requires the Tax and WVABCA to file an annual report with the joint committee on government and finance.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
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.
Having WVABCA assist Tax with the registration and enforcement of e-cigarettes and e-cigarette liquids would increase costs for WVABCA but without more data on the manufacturers and products it is too difficult to determine potential costs and whether there would be any revenue would cover the costs of an e-cigarette and e-cigarette liquid registry, civil penalties and enforcement
Please check with Tax regarding the fiscal impact to their agency.
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.
More details are needed in the bill to provide more detail in the review.
Person submitting Fiscal Note: Anoop K Bhasin
Email Address: anoop.k.bhasin@wv.gov