FISCAL NOTE

Date Requested: February 15, 2016
Time Requested: 12:52 PM
Agency: Motor Vehicles, Division of
CBD Number: Version: Bill Number: Resolution Number:
2461 Introduced SB534
CBD Subject: Motor Vehicles, Public Safety


FUND(S):

Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    The purpose of this bill is to eliminate the Division of Motor Vehicle’s administrative hearing process for suspending and revoking driver’s licenses based on D.U.I.; to establish new procedures for courts with criminal jurisdiction to suspend and revoke driver’s licenses based on D.U.I., to require revocation of an individual’s driver’s license following a conviction of D.U.I. for operating a vehicle with a blood concentration of five nanograms or more of delta 9 tetrahydrocanniabinol; and to require certain warnings concerning blood and breath tests in D.U.I. arrests.
    
    With the passage of this legislation it is estimated that driver reinstatements would be reduced by one half. This would cause an approximate reduction of reinstatement fees collected by the Division of Motor Vehicles in the amount of $1,087,450. Eventually the use of attorneys from the Attorney General’s office would be reduced from thirteen to two, causing an annual reduction in expenditures. It is estimated that a minimum of three years would be required to clear the three to four year current backlog at the Office of Administrative Hearings. Once the files are cleared the reduction of approximately $1,277,287 in payments to the Attorney General’s offices would no longer be necessary for administrative hearings. There are also between three to four employees that provide various administrative support, including hearing transcription work to the legal section. Each employee is cross trained and the impact of this legislation on these employees is unclear, but probably minimal. Also, in the 2015 fiscal year there were docket fees of $10 collected for 1400 hearings that are estimated to be cut in one half, reducing those fees to $7,000.
    
    Staffing levels could change due to the changes in the reinstatement process. Currently, approximately twenty eight employees touch some portion of the reinstatement process. It is believed that those employees directly affected by this legislation would be moved to other areas and retained through attrition.
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
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 -1,094,450 -1,094,450 -1,094,450


Explanation of above estimates (including long-range effect):


     43,498 Reinstatements FY 15
     $ 50 Fee per Reinstatement
     $ 2,174,900 Total Revenues for Reinstatements
     $ 1,087,450 Half Total Revenues for Reinstatements
    
     1,400 Hearings FY 15
     $ 10 Docket Fee Per Hearing
     $ 14,000 Total Revenues from Hearings
     $ 7,000 Half Total Revenues from Hearings
    
     $ 1,087,450 Half Total Revenues for Reinstatements
     $ 7,000 Half Total Revenues from Hearings
     $ 1,094,450 Total Revenues Lost
    



Memorandum


    



    Person submitting Fiscal Note: Raeann Kriner
    Email Address: raeann.k.kriner@wv.gov