FISCAL NOTE
Date Requested: January 29, 2024
Time Requested: 03:16 PM |
| Agency: |
Transportation, WV Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3191 |
Amendment |
HB5323 |
|
|---|
| CBD Subject: |
|
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FUND(S):
State Road Fund
Sources of Revenue:
Special Fund
Legislation creates:
Creates New Expense
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 provided fiscal note was prepared based on the assumption that there are currently 50 business or industrial parks along the interstates within the state with signing in place the is in violation of this amendment.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
5,265 |
3,315 |
3,315 |
| 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 |
5,000 |
5,000 |
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 following rationale was used in generating the costs associated with this note.
One inspector at $35/hr at 1 hr for identifying and documenting each sign. $1750. Review and documentation would need to be repeated each year documenting continuing violations until the advertisement is removed, so this would be both a start-up an annual cost. One inspector $35 / hr at 1 hr. performing research to identify the owner of the park. $1750. This is assumed to be a one time start-up cost for the purposes of this note. Coordination with Finance to develop invoicing process and generation procedure. One inspector and one financial manager at $35/hr plus one Business Operations Assistant at $30/hr at 2 hrs. $200. This is assumed to be a one time start-up cost for the purposes of this note. Generating letters providing notice of violation to the owners and generating invoice sent to the owners for the fine for each sign. One inspector at $35/hr plus one Business Operations Assistant (Traffic) at $30/hr, plus one Business Operations Assistant (Finance) at $30/hr. $1565. This is assumed to be an
initial start-up and annual cost for the purposes of this note. The initial start-up cost total is $5265. Annual cost thereafter is $3315.
Revenues per year based on 50 illegal signs would be $5,000. This note does not contemplate a reduction in the number of violations to less than 50 upon full implementation.
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.
This note does not contemplate additional costs associated with inspectors addressing phone calls/complaints from owners who receive violation notices and invoices.
This note does not contemplate potential costs for informal hearings with the violation recipient if the recipient disagrees and requests such a hearing if such a mechanism were put into place. Such hearings associated with existing outdoor advertising violations or permit denials typically involve the Outdoor Advertising Manager, the Division Director, and an Agency attorney. This note also does not contemplate the cost associated with an Administrative Law Judge hearing, which is the next level
hearing beyond the informal hearing in the case of existing outdoor advertising violations or permit denials. A clear definition of what constitutes a business or industrial park would be recommended.
Any such signing visible from the interstate that is not installed on a legally permitted and licensed outdoor advertising structure is already subject to the Agency taking action to have the sign/structure removed. Legal “on-premise” signs/structures do not require a permit and license. However, a legal on-premise sign/structure for a park that is greater than 1 mile from the interstate would not be visible from the interstate due to the requirements for its placement in proximity of the park.
The potential effectiveness of the penalty is questioned. The $100 fine amount seems nominal. The amendment does not provide for increased penalties or provide the Agency with the authority and mechanism to force the removal of the signs.
Person submitting Fiscal Note: Jonathan W Schaffer
Email Address: Jonathan.w.schaffer@wv.gov