FISCAL
NOTE
WEST virginia Legislature
2017 regular session
By
[
to the Committee on Prevention and Treatment of Substance Abuse then 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
of said code, all relating to the creation of the West Virginia Addictions Treatment and Recovery Fund by collecting
and transferring 5¢ per ounce of the uniform price of alcoholic liquors sold in
this state to the fund; setting forth the uses of the fund; and authorizing
rule-making.
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 5¢ per ounce designation,
effective July 1, 2017, 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, 2018, expenditures are authorized
from collections rather than pursuant to appropriation by the Legislature. The
fund also includes 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 may 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 drug or alcohol use. 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, 2018, 5¢ 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 collecting and
transferring 5¢ per ounce of the uniform price of alcoholic liquors sold in
this state to the fund. The bill sets forth how the fund may be used. The bill
authorizes rule-making.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring indicates
new language that would be added.