FISCAL NOTE

Date Requested: February 17, 2021
Time Requested: 01:22 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
2216 Introduced SB316
CBD Subject:


FUND(S):

State Road Fund

Sources of Revenue:

Other Fund State Road Fund

Legislation creates:





Fiscal Note Summary


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


The stated purpose of this bill is to eliminate the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs. The bill amends three sections in the three separate chapters of the W. Va. Code. The section titles are changed to accurately designate the content. However, strike-through sections in this bill eliminate the ability of the Tax Commissioner from withholding fines, forfeitures, or penalties from Personal Income Tax. There would be no revenue impact or costs associated with this bill.



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 bill amends three sections in the three separate chapters of the W. Va. Code. The section titles are changed to accurately designate the content. However, strike-through sections in this bill eliminate the ability of the Tax Commissioner from withholding fines, forfeitures, or penalties from Personal Income Tax. There would be no revenue impact or costs associated with this bill.



Memorandum


The stated purpose of this bill is to eliminate the ability of a person’s driver’s license to be suspended for the failure to pay court fines and costs. There are some concerns with this bill. The bill would amend three sections of W. Va. Code in three separate chapters. The Municipal Corporations chapter would have all but one subsection deleted from W. Va. Code. The bill contains no effective date for this section, so the amended section would be effective 90 days from passage. The Division of Motor Vehicles chapter would delete wording relating to the suspension of a driver’s license upon a default on the payment of certain costs and fines. There is no internal effective date, so the amended section would become effective 90 days from passage. The Criminal Procedure chapter would delete language other than that which requires the court to notify the Division of Motor Vehicles within 15 days of a person charged with any criminal offense who fails to appear. In addition, strike-through sections in this bill eliminate the ability of the Tax Commissioner from withholding fines, forfeitures, or penalties from Personal Income Tax.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov