FISCAL NOTE

Date Requested: January 12, 2022
Time Requested: 05:15 PM
Agency: Secretary of State
CBD Number: Version: Bill Number: Resolution Number:
1116 Introduced SB236
CBD Subject:


FUND(S):

N/A

Sources of Revenue:

Special Fund Proposed bill creates a new special revenue account

Legislation creates:

Creates New Revenue, Creates New Expense, Creates New Program, Creates New Fund: Voter Civic Duty Fund



Fiscal Note Summary


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


The program created by the proposed measure will require bi-annual statewide mailing to more than 1 million registered voters, a follow-up mailing to all voters who fail to vote, staff to analyze statewide voter history data and maintain up-to-date list of all mailings, responses, and fines/fees issued/paid for reporting. Based on previous statewide mailings, cost and time resources necessary to accomplish the measure will be significant, requiring one or more full-time staff dedicated to the tasks. First-year costs will be borne by the Secretary of State without an additional appropriation, and subsequent years' costs must be supplemented by different sources of revenue unless fines/fees received exceed the costs of the program.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2022
Increase/Decrease
(use"-")
2023
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 2,705,000 2,705,000 2,705,000
Personal Services 0 2,705,000 2,705,000
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues -2,705,000 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. Data-list analysis requires professional skills and experience working with data management software such as Excel or Access. Considering a statewide postcard mailing to all registered voters in 2020, adding an envelope (postcard mailing did not include envelope costs), this mailing could low-end cost $2 million for the first mailing, and $500,000 for the follow-up mailing alone (assuming an average 33% of voters who fail to vote, triggering the follow-up mailing). Additional costs for new staff salaries and full-time benefits to manage the program and fee collection program, which will presumably involves hundreds of thousands of voters in violation of the statute, can be expected at $150,000. Data analysis programs and software licenses could be expected anywhere from $1,000 - $25,000 annually depending on the complexity of the technology. Resource and third-party costs for any services/hearing for ensuring due process (stenographer, document production, hearing examiner, materials, etc.) expected to cost $30,000 (based on assumed 100 hours of hearings at $200/hr. for hearing examiner + $100/hr. for reporter and materials costs) Overall total rough estimate is $2,705,000 on bi-annual schedule.



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. All activities mandated by the proposed measure are not current obligations of the Secretary of State's Office. Costs associated therewith are not considered in current appropriations or express spending authority. Program development including increased staff and technology/software may be necessary. Proposal should consider first-year costs which are not covered by fees, and appropriate sufficient funding to pay for the statewide mailings and increase resources needed to accomplish the mandate. Proposal should also clarify whether the discretion at 3-9-25(f) to issue a fine or community service rests solely with the Secretary of State. If so, rule-making section at 3-9-25(d) should include mandate that the rule shall include designing a hearing procedure for due process.



    Person submitting Fiscal Note: Donald Kersey
    Email Address: dkersey@wvsos.gov