H. B. 2868

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced February 5, 2003; referred to the
Committee on the Judiciary.]

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; 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:

§ 60-2-22. Authority to execute contracts.
(a) 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.
(b) "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.
(c) Moneys derived from the sale or lease and promotion of the proprietary scanner technology may be used to maintain and enhance that technology. Any moneys not used for these purposes shall be deposited in the general revenue fund of this state.

NOTE: The Office of Alcohol Beverage Control Commissioner presently owns certain proprietary scanner technology. The purpose of this bill is to allow the commissioner to enter into a contractual relationship with the private sector to sell or license and promote use of the commissioner's proprietary scanner technology for purposes of generating additional state revenue.

This section is new; therefore, strike-throughs and underscoring are omitted.