Senate Bill No. 448
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
[Introduced February 5, 2003; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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
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 section twenty-two, to
read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
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
(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.