FISCAL NOTE
Date Requested: January 26, 2022
Time Requested: 01:06 PM |
| Agency: |
Alcohol Beverage Control Administration |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2297 |
Introduced |
HB4397 |
|
|---|
| CBD Subject: |
Actions, Suits and Liens |
|---|
|
FUND(S):
General - Beer Fund
Sources of Revenue:
General Fund
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 stated purpose of the bill is to authorize temporary 30-day licenses for out-of-state nonintoxicating beer brewers to import beer for test marketing and distribute to festivals and samplings.
This issue was addressed previously by the Legislature when the body enacted W. Va. Code 11-16-11c which provides a temporary license for unlicensed in-state or out-of-state brewers or home brewers to obtain a limited license for conducting certain operations at fairs and festivals.
The bill as drafted is technically wrong and ignores several other existing statutes.
The bill also may be discriminatory under the dormant commerce clause as it only applies to foreign brewers.
The bill, as drafted, would be too speculative to estimate any positive fiscal impact, but the bill, as drafted, could potentially be harmful to other industry participants.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2022
Increase/Decrease
(use"-") |
2023
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, as drafted, would be too speculative to estimate any positive fiscal impact, but the bill, as drafted, could potentially be harmful to other industry participants.
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 issue presented in this bill was addressed previously by the Legislature when the body enacted W. Va. Code 11-16-11c which provides a temporary license for unlicensed in-state or out-of-state brewers or home brewers to obtain a limited license for conducting certain operations at fairs and festivals.
The bill as drafted is technically wrong and ignores several other existing statutes.
The bill also may be discriminatory under the dormant commerce clause as it only applies to foreign brewers.
Person submitting Fiscal Note: Anoop Bhasin, General Counsel on behalf of WVABCA
Email Address: Anoop.K.Bhasin@wv.go