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 create within the Division of Motor Vehicles the Office of Administrative Law Judge. The office would be supervised by a Chief Administrator appointed by the Governor.
The Administrative Law Judges will hear appeals from those who have been charged with DUI traffic offenses. Hearings for these appeals are to be held at a Division of Motor Vehicles office closest to the county where the arrest was made.
Administrative Law Judges are to be lawyers with at least two years of experience.
The Division of Motor Vehicles currently uses twelve (12) Hearings Examiners who are located throughout the state. Since this bill only addresses the Administrative Law Judges holding DUI hearings, one Hearing Examiner position would have to be retained to hear other types of appeals.
The Division estimates that this bill will require the hiring of one (1) Chief Administrator, twelve (12) Administrative Law Judges, one (1) Executive Secretary, and one (1) paralegal. Other positions need to schedule and transcribe the hearings would be performed by current staff.
In addition, the Attorney General’s Office would need to hire six (6) additional attorneys to represent the Division of Motor Vehicles.
Estimated cost to add the new Administrative Law Judges Office to the Division of Motor Vehicles would be $1,173,957. This estimate takes into consideration that eleven (11) of the current Hearing Examiner positions would be transferred to the new Administrative Law Judge Office. One Hearing Examiner would be maintained since the Division of Motor Vehicles will hold other appeals hearings besides DUI.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2010
Increase/Decrease
(use"-") |
2011
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
1,173,957 |
1,173,957 |
1,173,957 |
| Personal Services |
448,800 |
448,800 |
448,800 |
| Current Expenses |
693,524 |
693,524 |
693,524 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
31,633 |
31,633 |
31,633 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
CURRENT COST:
Personnel Services:
Chief Administrator 1 @ $ 75,000 $ 75,000
Judges 12 @ $ 50,000 $ 600,000
Executive Secretary 1 @ $ 35,000 $ 35,000
Paralegal 1 @ $ 32,000 $ 32,000
Sub Total 15 employees $ 742,000
Less Current Positions ($ 400,180)
Additional P.S. Budget $ 341,820
Sub Total Benefits $ 238,623
Less Fringe Benefits ($ 131,642)
Additional Benefits $ 106,980
Current Expenses:
Office Space $ 42,250
Print Cartridges $ 1,300
Cell Phones $ 3,900; 3,300
Calling Cards $ 130
Vehicle Rent $ 65,520;$55,440
Maintenance $ 17,316;$14,652
Supplies $ 4,500
Printers $ 300
Print Cartridges $ 100
Software $ 5,000
AG’s Reps $ 626,400
Sub Total $ 766,916 (73,392)
Additional Current Expenses $ 693,524
Equipment:
Laptops $ 25,362; $23,496
Printers $ 1,500; $1,100
Desktops $ 2,097
Workstations $ 27,000
Sub Total $ 56,229 ($24,596)
Additional Equipment $ 31,633
TOTAL ADDITIONAL COST $ 1,173,957
Memorandum
Person submitting Fiscal Note: Rick Johnston
Email Address: Rick.M.Johnston@wv.gov