FISCAL NOTE



FUND(S):

Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


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


The purpose of this bill is to streamline the criminal and administrative processes attendant to adjudication of DUI charges. The bill removes the responsibility for the administrative DUI hearing from the Division of Motor Vehicles and places it with the court having jurisdiction over the offenses with which the person has been charged. The Division currently operates with a staff of 3 attorneys, 1 manager, 12 hearing examiners and a 12-member support staff. The cost of maintaining and providing the proper equipment for this level of staffing on an annual basis is $1,300,032. Under the provisions of the bill, the Division would be able to reduce its staff to 2 attorneys, 1 hearing examiner, 1 paralegal and 1 administrative secretary. This staffing level would be necessary for the Division to continue hearing the non-DUI cases as well as provide legal support to the rest of the Division. The costs associated with this staffing level are $303,338. This would be a total cost reduction of $996,694 to the Division.



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 -996,694 -996,694 -996,694
Personal Services -918,724 -918,724 -918,724
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets -9,898 -9,898 -9,898
Other -68,072 -68,072 -68,072
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


CURRENT COST: Personnel Services - 3 Attorneys, 1 Manager, 12 Hearing Examiners, and 12-member Support Staff $ 1,009,872 Benefits $ 203,179 Equipment $ 11,345 Vehicle and Miscellaneous Expense $ 75,636 Total Current Cost $ 1,300,032 PROPOSED REDUCED COST: Personnel Services - 2 Attorneys, 1 Paralegal, 1 Administrative Secretary, and 1 Hearing Examiner $ 246,222 Benefits $ 48,105 Equipment $ 1,447 Vehicle and Miscellaneous Expense $ 7,564 Total Current Cost $ 303,338 TOTAL REDUCTION IN DMV COST $ 996,694



Memorandum






    Person submitting Fiscal Note: Rick Johnston
    Email Address: Rick.M.Johnston@wv.gov