FISCAL NOTE

Date Requested: February 25, 2021
Time Requested: 11:20 AM
Agency: Attorney General, WV
CBD Number: Version: Bill Number: Resolution Number:
2201 Introduced HB2767
CBD Subject:


FUND(S):

General Revenue

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense, Creates New Program



Fiscal Note Summary


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


The creation of a Law-Enforcement Transparency Board will lead to significant new expenses for state government. Regarding the Attorney General’s office (“AGO”) specifically, the bill places significant new duties upon the Attorney General or, at the Attorney General’s discretion, his/her designee. In addition to acting as a permanent member of this board, the other duties and responsibilities placed on the Attorney General are numerous and functionally necessitate a full-time position to properly address and manage in keeping with the bill’s expectations. This, as well as the need for additional support personnel within the AGO, would result in notable new expenses. However, the Board must also have its own direct staff to perform the many functions ascribed to the Board itself. These duties include but are not limited to receiving, processing, evaluating, and investigating complaints; preparing for numerous public and non-public meetings; preparing and publishing various reports; compiling and correlating copious amounts of law enforcement-related data; maintain a public education program; conducting fact-finding; and making various recommendations to law enforcement agencies and state policymakers. All of these facets of the Board’s work will result in additional expenses.



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 585,000 565,000 565,000
Personal Services 520,000 520,000 52,000
Current Expenses 65,000 45,000 45,000
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):


These cost estimates include numerous new expenses that will result should this bill become law. First, given the bill’s introduced language, it is certain that at least one new permanent senior attorney position within the AGO would be needed to address the myriad obligations of the Attorney General set forth in this bill. That being said, in order to comply with the host of assorted new duties ascribed to the Attorney General, it is projected that this work will necessitate hiring additional support personnel to ensure full compliance. The cost estimate here is based on one additional position supporting the new senior attorney position, but it is likely that the workload associated with the AGO’s role relative to a new Law-Enforcement Transparency Board would result in further hires within the AGO. Second, the Law-Enforcement Transparency Board itself would require its own direct staff to perform as contemplated by the bill. Because the Attorney General is obligated to serve as “the administrative head of the board” by the bill’s terms, this fiscal note would be incomplete and fail to provide a full picture of anticipated fiscal costs without some discussion of such expectations. It is prudent to expect the Board would require – at a minimum – an investigator, an attorney, a paralegal, a clerk, and another administrative professional to support these personnel, as well as attendant office assets and physical space. These expenses have been incorporated into the estimates above.



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.



    Person submitting Fiscal Note: Curtis R. A. Capehart
    Email Address: curtis.r.a.capehart@wvago.gov