Supplement: WV HB5338 | 2024 | Regular Session | Attorney General, WV
For additional supplements on West Virginia HB5338 please see the Bill Drafting List
Bill Title: Relating to Safe Harbor for Cybersecurity Programs
Status: 2024-03-09 - Vetoed by Governor 3/27/24 - House Journal [HB5338 Detail]
Download: West_Virginia-2024-HB5338-Attorney_General_WV.html
This bill places significant new and ongoing responsibilities on the Attorney General regarding receiving complaints and investigating potential violations of the new sections of code created by the bill (the Consumer Data Protection Act), as well as exclusive authority to pursue potential enforcement actions for any uncured violations of these new provisions. Although investigations and enforcement are left to the Attorney General's discretion, any actions taken pursuant to this new Act would be a direct increase in expenses of the Office.
The numbers recorded above reflect the potential impact of this bill as creating the potential for an unknown number of new complaints, generating multiple new investigations and civil actions to be conducted by the Attorney General's Office, as well as promulgating new rules for a process by which consumers can file complaints. Implementing this also would necessitate the creation of new rules establishing a process by which consumers could obtain information regarding their data and take other acting as contemplated in the bill. Depending on the number of cases filed, the cost to the State in terms of increased expenses could be considerable. However, such actions also bear the potential for some recovery in the form of fines, as reflected in the estimates of potential future revenue.
Person submitting Fiscal Note: Curtis R. A. Capehart
Email Address: curtis.r.a.capehart@wvago.gov
Bill Title: Relating to Safe Harbor for Cybersecurity Programs
Status: 2024-03-09 - Vetoed by Governor 3/27/24 - House Journal [HB5338 Detail]
Download: West_Virginia-2024-HB5338-Attorney_General_WV.html
FISCAL NOTE
| Date Requested: January 29, 2024 Time Requested: 03:20 PM |
| |||||||||||||||
FUND(S):
Attorney General -- Consumer Protection FundSources of Revenue:
Special FundLegislation creates:
Increases Existing Expenses, Creates New Fund: Consumer Privacy FundFiscal Note Summary
Effect this measure will have on costs and revenues of state government.
This bill places significant new and ongoing responsibilities on the Attorney General regarding receiving complaints and investigating potential violations of the new sections of code created by the bill (the Consumer Data Protection Act), as well as exclusive authority to pursue potential enforcement actions for any uncured violations of these new provisions. Although investigations and enforcement are left to the Attorney General's discretion, any actions taken pursuant to this new Act would be a direct increase in expenses of the Office.
Fiscal Note Detail
| Effect of Proposal | Fiscal Year | ||
|---|---|---|---|
| 2024 Increase/Decrease (use"-") |
2025 Increase/Decrease (use"-") |
Fiscal Year (Upon Full Implementation) | |
| 1. Estmated Total Cost | 100,000 | 100,000 | 100,000 |
| Personal Services | 0 | 0 | 0 |
| Current Expenses | 0 | 0 | 0 |
| Repairs and Alterations | 0 | 0 | 0 |
| Assets | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| 2. Estimated Total Revenues | 0 | 10,000 | 20,000 |
Explanation of above estimates (including long-range effect):
The numbers recorded above reflect the potential impact of this bill as creating the potential for an unknown number of new complaints, generating multiple new investigations and civil actions to be conducted by the Attorney General's Office, as well as promulgating new rules for a process by which consumers can file complaints. Implementing this also would necessitate the creation of new rules establishing a process by which consumers could obtain information regarding their data and take other acting as contemplated in the bill. Depending on the number of cases filed, the cost to the State in terms of increased expenses could be considerable. However, such actions also bear the potential for some recovery in the form of fines, as reflected in the estimates of potential future revenue.
Memorandum
Person submitting Fiscal Note: Curtis R. A. Capehart
Email Address: curtis.r.a.capehart@wvago.gov
