FISCAL NOTE
FUND(S):
0226
Sources of Revenue:
General Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
New Public Defender offices are required by this bill. Following a transition year in FY 2010, savings of $3.5 million will accrue in FY 2011.
No savings will accure in FY 2010 because new Public Defneder offices will take new cases while older private counsel cases are still being paid. The current backlog of unpaid private vouchers is so large that as many as three quarters of private counsel vouchers paid in Fy 2010 will be from previous fiscal years. (The reduction of the time period for submission of vouchers resulted in three times the usual number of claims being submitted until the cutoff date of 1 January 2009.)
The rise in hourly rates for private counsel will raise costs (effective date is asume to be 1 July 2009). Those claims will be received beginning September 2009, but will be unpaid until as late as the last quarter of Fy 2010.
New Publi Defender offices will decrease by half the cost increase otherwise attributable to new rates. But no savings are expected in Fy 2010
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2009
Increase/Decrease
(use"-") |
2010
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
5,500,000 |
3,500,000 |
3,500,000 |
| 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 |
5,500,000 |
3,500,000 |
3,500,000 |
Explanation of above estimates (including long-range effect):
While Public Defender offices will saves costs, an absolute reduction in costs is impossible, especially with the rise in hourly rates. HOwever, the rate of increase can be made predictable and at least partially controllable.
It is assumed that current Public Defneder offices will have no increase in budgets in FY 2010 or FY 2011 except for PEIA, OPEB and other similar unavoidable expenses.
Memorandum
New Public Defender offices will save $3,500,000 in FY 2011. However, total costs will rise due to new private counsel rates.
Person submitting Fiscal Note: Jack Rogers
Email Address: Jack.A.Rogers@wv.gov