FISCAL NOTE

Date Requested: February 16, 2022
Time Requested: 09:42 AM
Agency: Auditor, State of WV
CBD Number: Version: Bill Number: Resolution Number:
2380 Introduced HB4718
CBD Subject: Public Safety


FUND(S):

General Revenue

Sources of Revenue:

General Fund

Legislation creates:

Creates New Expense



Fiscal Note Summary


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


The purpose of proposed House Bill 4718 is to create the Privacy Protection Act. The Bill establishes certain definitions. The Bill defines the role of the State Auditor’s Office in collaboration with the State Privacy Officer. The Bill creates the position of State Privacy Officer. Lastly, the Bill creates the Personal Privacy Oversight Committee.



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 0 627,500 627,500
Personal Services 0 552,500 552,500
Current Expenses 0 75,000 75,000
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):


We have examined the requirements of the proposed legislation and we believe the legislation is quite broad-based in that the duties of the State Privacy Officer and the Personal Privacy Oversight Committee would encompass reviews of personal privacy protection policies and protocols of the vast majority of state and local governmental units in the State of West Virginia. While the legislation is silent, as to the frequency of such reviews, we anticipate such reviews would need to be conducted on a fairly routine basis. In implementing the provisions of the Bill, we anticipate the position of State Privacy Officer would be a full-time employee of the State of West Virginia with an annual salary based on required education, training and experience in the range of $100,000 to $150,000. Further, in order to carry out their duties under the proposed Bill, we believe the State Privacy Officer would require a team of three to five individuals having the requisite education, training and experience to aid the State Privacy Officer in conducting and reporting on the reviews required by the legislation. We believe such assistants would command an annual salary in the range of $60,000 to $90,000. In addition, we believe it would be reasonable to expect that a limited number of reviews could potentially require the use of expert consultants to supplement the competencies of the State Privacy Officer and other assigned staff and we anticipate the costs of employing consultants would approximate $75,000 per fiscal year.



Memorandum


The proposed Bill is silent as to how the operations of the State Privacy Officer and the Personal Privacy Oversight Committee would be funded. For purposes of estimating costs for implementation, we have assumed the operations would be funded by a direct appropriation from the State General Revenue Fund. However, other potential financing schematics are certainly available for the Legislature to mandate. In making our project of implementation costs, we have assumed a mid-range on the annual salary of the State Privacy Officer at $125,000 plus fringe benefit costs of $37,500. We also have assumed a mid-range of 4 assistants at an annual salary of $75,000 or a total of $300,000 plus fringe benefit costs of $90,000. In combination with the anticipated annual costs for use of expert consultants totaling $75,000, we believe the provisions of House Bill 4718 will require $627,500 to effectively implement.



    Person submitting Fiscal Note: Michael E. Sizemore, CPA
    Email Address: Mike.Sizemore@wvsao.gov