FISCAL NOTE

Date Requested: February 09, 2017
Time Requested: 02:54 PM
Agency: Motor Vehicles, WV Division of
CBD Number: Version: Bill Number: Resolution Number:
1213 Introduced HB2306
CBD Subject: Crime


FUND(S):

Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

A New Program



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 eliminate all statutory provisions authorizing or requiring the division to take action upon an individual’s driver’s license based on D.U.I., in the absence of a conviction or court order; to establish new procedures for courts with criminal jurisdiction to suspend and revoke driver’s licenses based on D.U.I., and to require certain warnings concerning blood and breath tests during D.U.I. arrests. It is estimated that driver reinstatements would be reduced by one half with the passage of this legislation. This will create a reduction in reinstatement and docketing fees of approximately $1,185,835. Eventually the use of attorneys from the Attorney General’s office would be reduced from the current staff of eleven to two attorneys thereby reducing annual expenditures. It is estimated that a minimum of three years will be needed to clear the backlog of hearings until the Office of Administration Hearings was no longer required. One these files are cleared a reduction of approximately, $1,233,298 in annual payments to the Attorney General’s office would no longer be required. In the 2016 Fiscal Year there were docket fees of $10 collected on 1902 hearings. It is estimated that the number of hearings would be reduced by half, reducing the fees to $9,510.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2017
Increase/Decrease
(use"-")
2018
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 -1,185,835 -1,185,835 -1,185,835


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


47,053 Reinstatement FY 2016 $ 50 Fee per Reinstatement $ 2,352,650 Total Revenues $ 1,176,325 Half Revenues 1,902 Hearings in FY 2016 $ 10 Docket Fee per Hearing $ 19,020 Total Revenues $ 9,510 Half Revenues $ 1,176,325 Half Revenues for Reinstatement $ 9,510 Half Revenue Docket Fees $ 1,185,835 Total Revenue Reduction $ 112,118 Annual Salary 11 AGs $ 1,233,298 Total Salaries



Memorandum






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