FISCAL NOTE

Date Requested: February 05, 2020
Time Requested: 10:09 AM
Agency: Attorney General, WV
CBD Number: Version: Bill Number: Resolution Number:
1181 Introduced SB130
CBD Subject:


FUND(S):

Attorney General Fund

Sources of Revenue:

General Fund

Legislation creates:





Fiscal Note Summary


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


    SB 130 would terminate the Department of Transportation’s Office of Administrative Hearings (“OAH”) and all related positions. Personnel from the Attorney General’s Office serve as administrative hearing counsel, as well as appellate counsel, and provide other support services to effectuate matters before the OAH. Among other things, the bill also places some additional obligations on the courts and prosecutors relative to persons accused of operating a motor vehicle under the influence of alcohol, controlled substances, or drugs, specifically in relation to such person’s driver’s license.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
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 0 0 0


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


    The estimates of fiscal impact above (i.e. $0) do not include the salaries and benefits of all Attorney General’s Office personnel that handle Division of Motor Vehicles (“DMV”) matters before the OAH (12 persons; 12 FTEs). The cost and expense of those positions is paid by DMV, and any reduction in expenses or revenues from this bill would be borne by DMV. Regarding the effect of the bill on those positions generally, it is reasonable to project that DMV's need for these Attorney General's Office personnel going forward will track with future workloads as the bill's phase-out provisions are implemented.



Memorandum


    SB 130, if passed, would phase out the OAH and its administrative hearing process. It would be replaced with a limited case-by-case review, initiated by the individual under prosecution for operating a vehicle under the influence of alcohol, controlled substances, or drugs.



    Person submitting Fiscal Note: Curtis R. A. Capehart
    Email Address: curtis.r.a.capehart@wvago.gov