Date Requested:March 26, 2009
Time Requested:11:23 AM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
2009R2709 Comm. Sub. HB3051
CBD Subject: PROVIDE FREE DEATH CERTIFICATES FOR VETERANS
FUND(S)
0403-Div of Human Services General Administration Fund, 5469-Children's Trust Fund, 0407-Central Office General Administrative Fund, 5144 Vital Statistics Account, 5225 Vital Improvement Account
Sources of Revenue
General Fund,Special Fund
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

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

    The proposed legislation requires a county clerk to issue, without cost, up to five certified copies of a veteran's death certificate to a veteran's family members and dependents. Additional copies must be purchased at the regular fee except when a death certificate is needed to obtain benefits from the federal government as specified in §51-4-12(a). That is, even after distributing 5 free death certificates, additional death certificates can still be issued free when applying for federal benefits. A veteran shall be construed to mean any person who has served in the Armed Forces of the United States as defined in section one, article one, chapter nine-a of the code. This proposed legislation also requires the State Registrar to furnish one certified copy of a birth certificate to the parent or guardian of a child for purposes of enrolling the child in any public or private school in West Virginia.
    The preliminary 2008 death file held by the Vital Registration Office shows approximately 20,280 deaths in West Virginia. The Department of Health and Human Resources handles approximately 90% of the death certificate sales for the state. The Bureau for Public Health, Office of Epidemiology and Health Promotion estimates that approximately 30% of all deaths are showing a veteran status. Therefore, the Department estimates losing $328,536 in total death certificate sales by the passage of this legislation.
     According to the Vital Registration Office, there are approximately 20,000 children enrolling in school each year. The Department estimates losing $240,000 in total birth certificate sales by the passage of this legislation.
     With the passage of this legislation, the Department estimates the state will lose $568,536 in revenue.
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2009
Increase/Decrease
(use"-")
2010
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 -568,536 -568,536
3. Explanation of above estimates (including long-range effect):
     The current cost of a death certificate is $12.00. If DHHR loses the sale of five certificates from each veteran death, the loss of total sales would be approximately $328,536 (20,280 x 90% of the "market share" x 30% veteran status x 5 copies x $12 per copy).
    The current cost of a birth certificate is $12.00. If DHHR loses the sale of one birth certificate for each child enrolling in school, the loss of total sales would be approximately $240,000 (20,000 x $12 each).
    The total loss in revenue as a result of this legislation is $568,536. One third of the $12 fee collected is deposited into the general revenue fund (a loss of $189,512 annually) and the remaining two-thirds is deposited into two special revenue accounts for the Department (a loss of $379,024).
    


Memorandum
Person submitting Fiscal Note:
Martha Yeager Walker
Email Address:
dhhrbudgetoffice@wv.gov
    The language in this bill is not precise and makes no distinction between deaths that occurred yesterday and deaths that occurred 100 years ago. Death certificates are recorded in the county of occurrence and in the county of residence if the county of residence is different than the county of occurrence; this bill does not state which county will be responsible for providing the five free copies of the death certificate. The proposed language says, “family members and dependents"; this could mean a wide variety of people and cause confusion.
    The proposed language states, family members and dependents can obtain up to five certified copies of a veteran's death certificate; this could result in confusion among County Clerks, DHHR, and family members as to who should be the recipients of these death certificates. The negative fiscal impact on the Vital Registration Office would harm projects envisioned to improve the system of vital statistics in West Virginia both from the customer service viewpoint and from the viewpoint of expected mandated federal intelligence reforms. Additionally, no estimates have been made on the negative impact on the finances to the county clerks across West Virginia who would likely also have to record, in perpetuity, that 5 free copies have been distributed. Also, due to imprecise language the proposed bill could force them to provide death certificates without compensation for decedents who have died decades ago for purely genealogical use. This could be substantial.