FISCAL NOTE

Date Requested: January 09, 2019
Time Requested: 02:42 PM
Agency: Human Right Commission
CBD Number: Version: Bill Number: Resolution Number:
1959 Introduced HB2025
CBD Subject: Counties, Human Rights


FUND(S):

60-Human Rights Commission

Sources of Revenue:

General Fund

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


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


    Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
    
    Proposed amendment does nothing to change the nature of investigations conducted by the agency; the agency is already required by existing law to examine the "intent" of respondents to discrimination allegations. See, e.g., Syllabus Point 6, Skaggs v. Elk Run Coal Co., 198 W.Va. 51 (1996).
    
    However, the proposed amendments risks creating superfluous and frivolous litigation concerning the meaning of the proposed amendment, thus resulting in increased expenditure of time and resources by the agency.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 7,500 7,500
Personal Services 0 5,000 5,000
Current Expenses 0 2,500 2,500
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


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


    Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
    
    Agency estimates only a slight increase in employee time and office expenses in responding to challenges presented by respondents and respondents' attorneys.



Memorandum


    Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
    
    Whereas "intent" is already required to find a violation of the Human Rights Act, the proposed amendment is particularly vague. As a result, superfluous and frivolous litigation is a likely short-term consequence.



    Person submitting Fiscal Note: Cameron McKinney
    Email Address: cameron.s.mckinney@wv.gov