COMMITTEE SUBSTITUTE

FOR

H. B. 2868

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)

[By Request of the Executive]

(Originating in the Committee on the Judiciary)


[February 21, 2003]


A BILL to amend article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating generally to powers of alcohol beverage control commissioner; authorizing scanner technology for verification of purchasers ages; providing limitations on uses of collected information; and allowing commissioner to enter into contracts for sale and promotion of certain proprietary scanner technology.

Be it enacted by the Legislature of West Virginia:
That article two, chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated twenty-two, to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§ 60-2-22. Authority to utilize scanner technology in sales; authority to execute contracts relating thereto.

(a) The commissioner may, pursuant to section eleven of this article, authorize and establish standards for the use of scanner technology for verification of age of purchasers of alcoholic beverages, wine as provided in article eight of this chapter, and nonintoxicating beer as provided for in article sixteen, chapter eleven of this code. Any scanner technology utilized may not be used for the collection of personal identifiable information of any purchaser, which includes, but is limited to, drivers license number, social security number or other descriptive information contained on the license, other than the age of the purchaser.
(b) In addition to the commissioner's powers set forth in section eleven of this article, the commissioner may sign and execute in the name of the office of alcohol beverage control commissioner one or more contracts or agreements pertaining to the sale or licensing and promotion of proprietary scanner technology by the commissioner, or his or her designated contractual partner, to any interested person, upon terms the commissioner believes to be in the best interests of this state, and to amend, extend or terminate any contract or agreement: Provided, That all contracts are subject to the review process contained in section thirteen, article three, chapter five-a of this chapter.
(c) "Scanner technology" includes any device that utilizes technology intended to control the access of minors to alcohol and tobacco products and which is capable of:
(1) Capturing the information from a bar code or magnetic strip on a driver's license or identification card issued by the division of motor vehicles;
(2) Producing a declaration of age in print form and storing a record of the event in memory;
(3) Producing an audible, visual and printed result;
(4) Reporting a history of the events, including the ability to transfer the data for archiving and data base development purposes; and
(5) Storing at least one thousand events at any time before data is transferred.
(d) Moneys derived from the sale, licensing and promotion of the proprietary scanner technology shall be deposited in a special account in the state treasury to be known as the "Scanner Technology Fund." Expenditures from the fund shall be for the maintenance and development of the proprietary scanner technology described in this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand four, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.