FISCAL NOTE

Date Requested: February 03, 2016
Time Requested: 02:26 PM
Agency: Administration
CBD Number: Version: Bill Number: Resolution Number:
1280 Introduced HB4383
CBD Subject: Counties


FUND(S):



Sources of Revenue:

General Fund,Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


    Within the Department of Administration, a number of agencies receive complaints and claims that are in contravention to a statute or regulation. The types of claims or complaints received by these agencies vary greatly from a protest filed with the Purchasing Division to an ethics complaint filed with the Ethics Commission. Because of the varied nature of these claims and complaints, costs can vary greatly, depending on the process of investigation and evaluation of the claim or complaint. It is difficult to quantify a cost per claim or complaint because of the varied nature of those that may be filed with our agencies.
    
     Additionally, it would be difficult to analyze historical data of claims and complaints filed without "reasonable merit" as described in the bill, because that is not a legally defined term.
    
     The Ethics Commission has a statute (ยง6B-2-4) that addresses claims filed in bad faith, which is presumably a similar concept, which authorizes sanctions for those claims found to be filed in bad faith.
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
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 Department of Administration does not have data regarding costs of investigation and evaluation of claims and complaints for the agencies that would be affected by the legislation.



Memorandum


    The Department of Administration is unable to analyze any historical trends in the numbers of claims filed "without reasonable merit," because that is not a legally defined term.



    Person submitting Fiscal Note: Jennelle H. Jones
    Email Address: jennelle.h.jones@wv.gov