H. B. 2729
(By Delegates Sobonya, Beach, Hamilton, Brown,
Reynolds, C. Miller, Rodighiero,
Hatfield and Rowan)
[Introduced January 13, 2010; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §27-1A-11a; and to
amend and reenact §60-3-9, all relating to the creation of the
West Virginia Addictions Treatment and Recovery Fund by
dedicating five cents per ounce of the uniform price of
alcoholic liquors sold in this state to the fund.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §27-1A-11a; and that
§60-3-9 of said code be amended and reenacted, all to read as
follows:
CHAPTER 27. MENTALLY ILL PERSONS.
ARTICLE 1A. DEPARTMENT OF HEALTH.
§27-1A-11a. West Virginia Addictions Treatment and Recovery Fund.
(a) All moneys collected from the five cents per ounce
designation, effective July 1, 2009, as outlined in section nine, article three, chapter sixty, of this code shall be deposited in a
special account in the State Treasury to be known as the "West
Virginia Addictions Treatment and Recovery Fund." Expenditures
from the fund are for the purposes set forth in subsection (b) of
this section and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature in
accordance with the provisions of article three, chapter twelve of
this code and upon fulfillment of the provisions of article two,
chapter eleven-b of this code. For the fiscal year ending June 30,
2010, and every year thereafter, expenditures are authorized from
collections rather than pursuant to appropriation by the
Legislature. The fund shall also include all receipts from loans
made by the fund, any moneys appropriated by the Legislature, all
income from the investment of moneys held in the fund and all other
moneys designated for deposit to the fund from any source, public
or private.
(b) The fund, to the extent that money is available, shall be
used for the development and support of programs including, but
not limited to, community-based support programs or community-based
corrections programs, or both. The funds shall be used only for
programs relating to the prevention, intervention, treatment, and
recovery from addictions such as those related to drug or alcohol
use, or both. Further, no more than three percent of the total
revenue generated pursuant to section nine, article three, chapter sixty, of this code may be used to defray costs incurred by the
department in administering the provisions of this subsection.
(c) The secretary shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, to govern the disbursement of
moneys from the fund for development costs, operating costs,
infrastructure and program support, establish criteria for
eligibility to receive grants or loans from the fund and in cases
where loans are issued, establish the terms and conditions of the
loans, including interest rates and repayment of terms.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3. SALES BY COMMISSIONER.
§60-3-9. Uniform prices; posting and distribution of price lists;
continuation of price increase on alcoholic liquors.
The commissioner shall, from time to time, fix uniform prices
for each variety, class and brand of alcoholic liquors offered for
sale in state stores. Alcoholic liquors shall be sold in state
stores and agencies only at the uniform prices fixed by the
commissioner. As of July 1, 2009, five cents per ounce of the
uniform price for each variety, class and brand of alcoholic
liquors offered for sale in state stores shall be deposited into
the West Virginia Addictions Treatment and Recovery Fund
established in section eleven-a, article one-a, chapter
twenty-seven of this code.
The commissioner shall prepare price lists showing the price
of each variety, class or brand. Price lists shall be posted
prominently in each store and shall be available for distribution
and inspection in every state store and agency.
The commissioner, in the exercise of his or her authority
under this section, is hereby directed to continue the increase in
the price of alcoholic liquors, heretofore effected pursuant to the
provisions of this section as amended by chapter six, Acts of the
Legislature of West Virginia, regular session, 1951, which is
presently producing an additional annual revenue of $1,600,000 on
an annual volume of business equal to the average for the past
three years.
The revenue derived from the increase in the price of
alcoholic liquors shall be deposited into the General Revenue Fund
in the manner hereinafter provided in section seventeen of this
article.
NOTE: The purpose of this bill is to create the West Virginia
Addictions Treatment and Recovery Fund by dedicating five cents per
ounce of the uniform price of alcoholic liquors sold in this state
to the fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.