FISCAL NOTE

Date Requested: January 16, 2019
Time Requested: 02:10 PM
Agency: Agriculture, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
1344 Introduced SB324
CBD Subject: Agriculture


FUND(S):

Department of Agriculture Fund (Existing General Revenue)

Sources of Revenue:

General Fund

Legislation creates:





Fiscal Note Summary


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


This bill amends WV Code 19-1-3 and establishes specific authority for the Commissioner of Agriculture to hire a general counsel as needed to support agency operations and fulfill agency statutory duties. The Commissioner of Agriculture is the only Constitutional Officer that does not have an in-house general counsel. However, the Department of Agriculture has more voluminous and certainly the most diverse requirements for legal advice on a daily basis than perhaps any other state agency. Although the department can access advice through the Attorney General’s office, it is not as timely as needed on issues that require the Commissioner to make quick decisions in response to issues at hand that include containing a serious public threat or minimizing financial impact on state resources and the state’s economy. Furthermore, legal counsel that is not immersed in department operations does not have the knowledge foundation to fully comprehend the complexity of the issues that must be dealt with literally on a daily basis. The lack of immediate access to legal counsel severely hinders the Commissioner’s ability to perform the duties of the office. It is not in the best interest of the department, state or the citizens of West Virginia to continue to try to operate the department under such constraint that is easily remedied by this legislation. As explained in the following section, this action will not impact revenues and has no guaranteed effect on expenditures.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
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):


There will be no revenue generated with the passage of this bill. The impact to expenditures varies, as the language does not mandate that the Commissioner of Agriculture hire particular positions or maintain specific staffing levels; it only establishes permission for the officeholder to employ positions "as necessary" to carry out statutory responsibilities and other Department of Agriculture activities, with discretion as to the number and compensation of those positions.



Memorandum


None noted.



    Person submitting Fiscal Note: Alan Clemans, on behalf of Sandra Gillispie, CFO
    Email Address: sgillispie@wvda.us