FISCAL NOTE

Date Requested: January 14, 2023
Time Requested: 02:23 PM
Agency: Division of Regulatory and Fiscal Affairs, WV
CBD Number: Version: Bill Number: Resolution Number:
2257 Introduced HB2229
CBD Subject: Legislature


FUND(S):

General Revenue

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.


House Bill 2229 would require the Legislature to hold at least 10 public hearings at locations throughout the state prior to proposing a reapportionment plan for congressional or legislative districts and five public hearings after reapportionment plans are proposed, but before they are adopted. It establishes requirements for information publication, methods for public participation, and guidance for meeting locations. The Division of Regulatory and Fiscal Affairs (RAFA) estimates the total cost for Fiscal Years 2023 and 2024 to be $0 due to the timing of the decennial census every decade. The estimated cost of HB 2229 is $288,317.80 once every decade, starting in 2031; this figure is provided in nominal 2022 dollars. This estimate uses 2023 mileage, lodging, and meal per diem reimbursement rates for eight Legislative staff and 32 members.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2023
Increase/Decrease
(use"-")
2024
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 288,318
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):


House Bill 2229 would require the Legislature to hold at least 10 public hearings at locations throughout the state prior to proposing a reapportionment plan for congressional or legislative districts and five public hearings after reapportionment plans are proposed, but before they are adopted. It establishes requirements for information publication, methods for public participation, and guidance for meeting locations. In 2021, 32 members of the West Virginia Legislature were on the Joint Committee on Redistricting and an estimated eight staff attended one or more redistricting hearing. According to the Senate Fiscal Office, there were four staff who worked for the Senate and attended any one or more of the redistricting hearings in 2021. The Division of Regulatory and Fiscal Affairs (RAFA) was unable to obtain the number of House of Delegates staff who attended one or more of the redistricting hearings, so it is assumed that a similar number of House staff were present. West Virginia Legislature staff and members receive different types of travel compensation. According to The Joint Committee on Government and Finance’s Fiscal Office and §4-2A-7 of West Virginia code, members currently receive a $131 per diem for lodging and food expenses for in-state work travel. Staff receive a $29.25 meal per diem for in-state travel for both the days that they are traveling to and from their destination. Meal per diem rates for staff are set by the Speaker and President. Staff have the variable cost of their hotel room covered by the Legislature. The average cost of a hotel room in West Virginia is $96-$98 according to the Fiscal Office. For this analysis, RAFA chose the midpoint cost for this, and any other ranged estimate received. If 32 members traveled to 15 separate hearing destinations and spent the night at those locations, the total cost for member lodging and food would be $125,760 for member lodging and food compensation. If eight staff traveled to each hearing destination and spent the night at those locations, the total cost for staff lodging is estimated to be $11,640 and the per diem food reimbursement would cost $7,020. This assumes that all members will travel and spend one night at each location and that none of the hearings will be held via teleconference. In 2023, business mileage reimbursement for both members and staff are set at the federal rate of $0.655 cents per mile. If all 40 members/staff drive separately from Charleston using the fastest route currently on Apple Maps to the same conference destinations they drove to in 2021 and drove back via the same route, the estimated number miles they would drive is 2,644 miles. The estimated total cost of mileage reimbursement is $69,272.80. RAFA assumes that all members and staff will seek reimbursement for all miles driven. Conference rooms need to be booked for each of these meetings. The Fiscal Office estimates the average conference room rental costs $150 to $200. If the Legislature rents a conference room for each hearing and none of the hearings are held via teleconference, the total cost for conference rooms is estimated to be $2,625. According to §4-2A-5 of West Virginia Code, members may also receive $150 interim compensation per day for each day engaged in the performance of interim duties as a member of any interim committee between regular sessions of the Legislature. The Fiscal Office states that this compensation is only given if it is authorized. If every member attends all 15 hearings and receives this compensation, this additional factor will cost $72,000. Upon full implementation, the estimated cost of HB 2229 is $125,760 for member lodging and food compensation, $11,640 for staffer lodging, $7,020 for staffer food, $69,272.80 for member and staffer mileage reimbursement, $2,625 for conference room bookings, and $72,000 for additional member compensation equaling $288,317.80 once every decade, starting in 2031. This estimate does not include an adjustment for inflation.



Memorandum


The West Virginia Legislature held 15 redistricting hearings in 2021 using existing funding for any expenses that were incurred. At the time of the next redistricting, funding may already be available to hold these hearings, so additional appropriations needed may be less than the estimated cost as a result. This Fiscal Note assumes that all members and staff will attend each meeting and claim all business expenses. In 2021, many meetings did not have all members or staff attending. This could lead to a decrease in the total estimated cost of HB 2229. Members who had a redistricting hearing held in their district but were not on the redistricting committee were invited to attend that meeting in 2021. They could be eligible to receive business travel reimbursement as well, which would increase the estimated cost of HB 2229. The State of West Virginia owns facilities in different parts of the state where they could host redistricting conferences. The state would not have to pay to rent these conference rooms as a result and could provide a cost savings. There are factors that make it difficult to determine how many miles will be driven by members or staff to and from these hearings. During the interims, members are disbursed throughout the state. Some members and staff may carpool. RAFA assumes that the largest portion of staff/members live in or near Charleston since most staff work at the Legislature year-round. Therefore, RAFA has chosen Charleston as the origin point for travel to these hearings. When calculating miles driven, the fastest routes according to Apple Maps were chosen for each hearing location.



    Person submitting Fiscal Note: Peter Shirley
    Email Address: peter.shirley@wvlegislature.gov