FISCAL NOTE

Date Requested: January 25, 2024
Time Requested: 04:39 PM
Agency: Personnel, WV Division of
CBD Number: Version: Bill Number: Resolution Number:
2931 Introduced HB5088
CBD Subject: Crime; Professions and Occupations


FUND(S):

General Fund, Special Fund

Sources of Revenue:

Special Fund

Legislation creates:

Creates New Expense, Increases Existing Expenses, 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. HB5088 would require the Division of Personnel (DOP) to promulgate a rule for all classes of personnel hired for employment with the state of West Virginia that provides: (1) That after being offered employment, the employee shall pass a drug test before beginning employment; and (2) ten percent of all employees are subject to random drug testing each year. The program would require employing agencies or the DOP to establish procedures for pre-employment and random drug screening which may include scheduling tests, confirmatory tests, and appeal procedures. There would be no additional costs to the DOP to create a rule as this could be accomplished with existing staff. There would however be costs associated with additional staff needed to administer the program. The DOP is unable to estimate how many staff would be required as it is unclear if the program would be administered by the DOP or employing agencies.



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 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. Research cited in the fiscal note filed for HB4844 during this session indicates that costs for drug screenings in West Virginia range from $50 up to $500 per test depending on the substances specified for testing. The cost of the test increases with the number of substances that are being screened for in the test. Though no estimates were provided above, an approximate cost for the tests alone in calendar year 2023 are as follows: 1) There were 4,532 individuals hired in calendar year 2023. Pre-employment drug testing all new hires as provided in the bill would cost $226,600 - $2,266,000. 2) There were 36,418 filled position as of December 2023. Testing 10% of existing employees as provided in the bill would cost $182,100 - $1,821,000.



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. It is unclear as to whether employing agencies or the DOP would be responsible for administering the program and bearing the costs. The language of this bill for creating a program for the random drug testing of state employees does not provide specifics relating to the actual testing and how that will be performed. No other areas of vagueness, technical defects or special issues were identified.



    Person submitting Fiscal Note: Joe Thomas
    Email Address: joe.f.thomas@wv.gov