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.
*****REVISED*****
The purpose of this bill is to create within the Department of Transportation 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 (DMV) office close to the county where the arrest was made.
The DMV estimates that this bill will require the hiring of one (1) Chief Administrator, one (1) Executive Secretary, fifteen (15) Administrative Law Judges, two (2) paralegals, and (2) additional transcriptionists. All other positions needed to schedule and transcribe the hearings would be performed by current staff.
In addition, the Attorney General’s Office would need to hire fifteen (15) additional attorneys to represent the DMV.
The estimated cost to add the new Office of Administrative Law Judge to the Department of Transportation would be $2,672,022. This estimate takes into consideration the increased volume of hearings as a result of a plea of no contest no longer constituting a conviction for purposes of this section. This fiscal note also reflects a realization that DUI offenders who also hold a CDL license, or committed the offense while operating a commercial motor vehicle, would have dual hearings. One hearing would be with the Administrative Law Judge for the underlying offense, and the other with the DMV concerning disqualification of privilege to operate a commercial motor vehicle. The DMV estimates that this provision will increase the number of hearings from eighteen hundred (1,800) in Fiscal Year 2009 to thirty-five hundred (3,500). Six (6) Hearing Examiners would be maintained since the DMV 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 |
0 |
2,672,022 |
2,672,022 |
| Personal Services |
0 |
913,538 |
913,538 |
| Current Expenses |
0 |
1,701,614 |
1,701,614 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
56,870 |
56,870 |
| 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
Administrative Law Judges 15 @ $ 50,000 $ 750,000
Executive Secretary 1 @ $ 35,000 $ 35,000
Transcriptionist 2 @ $ 20,500 $ 41,000
Paralegal 2 @ $ 32,000 $ 64,000
Sub Total 21 employees $ 965,000
Less Reduction of Current Positions ($ 218,280)
Additional P.S. Budget $ 746,720
Sub Total Benefits $ 238,623
Less Reduction of Current Fringe Benefits ($ 71,805)
Additional Benefits $ 166,818
Current Expenses:
Office Space $ 52,813
Print Cartridges $ 1,625
Cell Phones $ 4,875; ($ 1,800)
Calling Cards $ 163
Vehicle Rent $ 81,900; ($30,240)
Maintenance $ 21,895; ($ 7,992)
Supplies $ 5,625
Printers $ 375
Print Cartridges $ 125
Software $ 6,250
15 AG’s Reps $ 1,566,000
Sub Total $ 1,741,646 ($40,032
Additional Current Expenses $ 1,701,614
Equipment:
Laptops $ 32,040; ($12,816)
Printers $ 1,875; ($ 600)
Desktops $ 2,621
Workstations $ 33,750
Sub Total $ 70,286 ($13,416)
Additional Equipment $ 56,870
TOTAL ADDITIONAL COST $ 2,672,022
Memorandum
Person submitting Fiscal Note: Rick Johnston
Email Address: Rick.M.Johnston@wv.gov