FISCAL NOTE
Date Requested: January 09, 2019
Time Requested: 05:34 PM |
| Agency: |
Motor Vehicles, WV Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1054 |
Introduced |
SB41 |
|
|---|
| CBD Subject: |
Motor Vehicles, Public Safety |
|---|
|
FUND(S):
Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
Decreases Existing Revenue
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to revise procedures for drivers’ license suspensions and revocations for driving under the influence of alcohol, controlled substances or drugs.
The number revocations in Fiscal Year 2018 amount to 8,441. There was a total of 3,187 convictions. The Division estimates that the total revocations will be reduced to the Fiscal Year 2018 conviction numbers of 3,187. This is a reduction of 5,254 with a reinstatement fee of $50 per reinstatement producing a reduction in revenue of $262,700.
The Division estimates that the Inter-lock revenue will be reduced to a level comparable with Fiscal Year 2005 when the Inter-lock program was voluntary. This produces a reduction of revenue of $163,249 (FY18 $325,044 - FY05 $161,795). Additionally, the Division will not be collecting the associated Docket and Fearing fees of $18,273 and $5,188 respectively
Once all files are cleared a reduction of approximately, $1,022,657 in annual payments to the Attorney General's office would no longer be required. This reduction of expense will not occur for at least 3 years.
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 |
-1,022,657 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
-449,410 |
-449,410 |
Explanation of above estimates (including long-range effect):
Total Revocations 8,441
FY18 Guilty by Plea or Verdict (2,305)
FY18 No Contest (882)
Net Reductions in Revocations 5,254
Re-instatement Fee $50
Reduction in Re-instatement Revenue $262,700
Reduction in Inter-lock Revenue $163,249
Reduction in Docket Fees $18,273
Reduction in Hearing Fees $5,188
Total Reduction in Revenue $449,410
Average Annual expense per AG $102,266
AG's 10
Total AG Expense $1,022,657
Memorandum
Federal Motor Carrier law Title 49 CFR §384.301 requires all states to be in substantial compliance with 49 U.S.C. §31311(a). To substantially comply, the State must meet each and every standard of Subpart B by means of demonstrable combined effect of its statutes, regulations, administrative procedures and practices, organizational structures, internal control mechanisms, resource assignments (facilities, equipment, and personnel), and enforcement practices.
Subpart B §384.226 prohibits masking convictions. The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a Commercial License Permit holder or a Commercial Driver License holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law…from appearing on the DCLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
§384.401 requires withholding of funds based on a state’s non-compliance with Commercial Driver License laws. Upon a finding of substantial non-compliance, a State may lose up to 4 % of its Federal-aid highway funds on the first day of the fiscal year following the State’s first year of non-compliance. An amount up to 8% of the Federal-aid highway funds will be withheld following the second and subsequent years of non-compliance. Once the highway funding is withheld, it will not be available in the future. If West Virginia becomes decertified through non-compliance, the Federal Motor Carrier Administration may revoke West Virginia’s ability to issue, renew, transfer or upgrade any commercial learner permit or commercial driver license.
West Virginia has always maintained its substantial compliance with DUI offenses of CLP and CDL holders primarily due to the administrative hearing process and by ensuring that all convictions of CDL or CLP DUIs are placed on the driving record. With the elimination of the administrative license revocation process, West Virginia will be more likely to become out of compliance with the CDL DUI laws which puts West Virginia at risk of losing $15,642,331 highway funding the first year and $31,284,661 highway funding the second and subsequent years.
Additionally, 23 U.S.C.S §164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence, state “if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State”. The diverted funds are to be used for alcohol-impaired driving countermeasures or directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated. This would produce a diversion from road construction and maintenance activities of approximately $9,776,457.
Person submitting Fiscal Note: Raeann Kriner
Email Address: raeann.k.kriner@wv.gov