FISCAL NOTE

Date Requested: January 10, 2019
Time Requested: 10:44 AM
Agency: Public Defender Services
CBD Number: Version: Bill Number: Resolution Number:
1963 Introduced HB2029
CBD Subject: Courts


FUND(S):

0226

Sources of Revenue:

General Fund

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


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


Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government. The legislation would increase by thirty dollars ($30) the hourly rates of compensation for: (i) “attorney’s work performed out of court”; (ii) “attorney’s work performed in court”; and (iii) “investigative services.” Private counsel who bill more than 1200 hours a year would be entitled to secure coverage under insurance plans maintained by the Public Employees Insurance Agency. The anticipated increase in spending from general revenue would be, annually, $15,038,755.



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 15,038,755 0 15,038,755
Personal Services 0 0 0
Current Expenses 15,038,755 0 15,038,755
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):


Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years. The hours of reported service by court-appointed counsel in Fiscal Year 2017, including work “performed out of court” and work “performed in court,” were 490,751. Public Defender Services, Annual Report, Fiscal Year 2017 (“AR”), pp. 72 & 244. A thirty dollar ($30) increase in the hourly rates would mean additional compensation in the amount of $14,722,530. The rate of compensation for investigative services is doubled from thirty dollars ($30) an hour to sixty dollars ($60) an hour. In Fiscal Year 2017, the total amount paid for the expenses related to investigative services was $316,225. AR, p. 67. By doubling the hourly rate, therefore, the anticipated increase in spending from general revenue would be $316,225. The total amount of additional revenue that would be annually expended if the provisions of the proposed legislation were enacted is, therefore, $15,038,755.



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. The legislation also increases the maximum amount for an attorney to be compensated in a non-capital case from $3,000 to $6,000. However, the maximum amount is readily exceeded upon a finding of good cause by the appointing court, which, in the agency’s experience, is routinely done. Accordingly, the increase has no impact upon the additional amount to be expended if the legislation were to be enacted. The legislation also qualifies private attorneys who reach a certain billing threshold to enroll for coverage under plans maintained by the Public Employees Insurance Agency (“PEIA”). In discussions with PEIA, the conclusion was that the attorneys would have to pay 100% of the premiums for the coverage. Accordingly, the provision would not increase the amount expended by Public Defender Services for services rendered by these attorneys.



    Person submitting Fiscal Note: Dana F. Eddy
    Email Address: Dana.F.Eddy@wv.gov