FISCAL NOTE

Date Requested: February 18, 2021
Time Requested: 01:55 PM
Agency: Attorney General, WV
CBD Number: Version: Bill Number: Resolution Number:
2639 Introduced SB351
CBD Subject: Finance and Administration


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.


In its current form, this bill is not likely to result in any cost/expense increases for the Attorney General’s office (“AGO”) going forward, and the AGO is unaware of any impact on revenues. Relative to the review of state contracts by the AGO, this bill would have a practical processing impact by adding a new additional requirement for every packet of contract materials to be submitted for review. The principal obligation of obtaining a written certification from the private contracting party would fall on the agency submitting the contract to be reviewed, and the AGO would view these written certifications as a basic requirement for any approval. The bill also provides that the AGO may waive this requirement if compliance is not practicable. Amendments requiring substantive investigation of waiver requests could lead to costs for the AGO; however, in the bill’s current form, any expenses would be minimal.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2021
Increase/Decrease
(use"-")
2022
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 new requirement of a written certification as a prerequisite to approving a state contract would not measurably increase operating costs of the AGO. This bill requires the AGO to verify that a written certification that has been provided by the agency requesting approval of a contract. As such, the additional time, costs, or expenses (if any) associated with securing the required written certification would fall on the requesting agency.



Memorandum


Relative to the review of state contracts by the AGO, this bill would have a practical processing impact by adding a new additional requirement for every packet of contract materials to be submitted for review. The AGO would interpret the bill’s provisions to require only that the AGO confirm that the requisite written certification has been provided and not inquire further. The obligation for obtaining a written certification from each party seeking to contract with the State would fall on the agency submitting the relevant contract for review.



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