FISCAL NOTE
Date Requested: February 06, 2020
Time Requested: 12:00 PM |
| Agency: |
Administration, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3000 |
Introduced |
HB4716 |
|
|---|
| CBD Subject: |
Boards and Commissions |
|---|
|
FUND(S):
General Fund, Special Fund
Sources of Revenue:
Special Fund
Legislation creates:
Decreases Existing Revenue, Creates New Expense, Creates New Program
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 Division of Personnel (DOP) is unable to measure the costs associated with this bill for the following reasons:
1) DOP's response is limited to applicants for positions covered by the DOP merit system. The expense would be minimal to DOP as it would simply require modification of the existing application for employment.
2) It appears that most of the expense associated with the bill would result from complaints or grievances filed concerning violations of the article and the number of appeals cannot be accurately projected.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2020
Increase/Decrease
(use"-") |
2021
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):
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 DOP is unable to measure the costs associated with this bill for the following reasons:
1) DOP's response is limited to applicants for positions covered by the DOP merit system. The expense would be minimal to DOP as it would simply require modification of the existing application for employment.
2) It appears that most of the expense associated with the bill would result from complaints or grievances filed concerning violations of the article and the number of appeals cannot be accurately projected.
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 DOP recommends the following amendments:
29-6A-2(c) - Revise "any position that involves direct interaction with minors or the elderly" to include physically and intellectually challenged individuals.
29-6A-4(c_ - Reads "A record of arrest that did not result in conviction may not be the basis for disqualification from public employment." DOP recommends adding clarifying language consistent with U.S. Equal Employment Opportunity Commission guidance pertaining to consideration of arrest records. More specifically, "...an individual's arrest record standing alone may not be used by an employer to take a negative employment action (e.g., not hiring, firing or suspending an applicant or employee). However, an arrest may trigger an inquiry into whether the conduct underlying the arrest justifies such action." Further, the bill does not address arrests that have not been fully adjudicated.
Person submitting Fiscal Note: Joe Thomas
Email Address: Joe.F.Thomas@wv.gov