FISCAL NOTE

Date Requested: February 03, 2020
Time Requested: 09:18 AM
Agency: Transportation, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
1181 Introduced SB130
CBD Subject:


FUND(S):

Road Fund

Sources of Revenue:

Special Fund

Legislation creates:

Decreases Existing Expenses



Fiscal Note Summary


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


    The purpose of this bill is to revise procedures for drivers’ license suspensions and revocations for driving under the influence of alcohol, controlled substances or drugs.
    
    The number revocations in Fiscal Year 2019 were 6882 of this total of 4346 were from criminal convictions. The Division estimates that the total revocations will be reduced to the Fiscal Year 2019 conviction number of 4346. This is a reduction of 2536 with a reinstatement fee of $50 per reinstatement producing a reduction in revenue of $126,800.
    
    The Division estimates that the Interlock revenue will be reduced to a level comparable with Fiscal Year 2005 when the Interlock program was voluntary. This produces a reduction of revenue of $156,449 (FY19 $318,244 - FY05 $161,795). Additionally, the Division will not be collecting the associated Docket and Hearing fees of $17,060.
    
    Once all files are cleared a reduction of approximately, $920,394 in annual payments to the Attorney General's office would no longer be required. This reduction of expense will not occur until Fiscal Year 2024.
    
    The Division would be charged with all remaining appeals and would therefore need to add one (1) Hearing Examiner at an annual personnel services cost of $66,412 ($44,412 salary + $22,000 benefits). Other costs associated with this position would include vehicle ($1,632), travel ($10,000), miscellaneous supplies ($20) and a laptop ($1,059) for a total of $12,711. Total current expense upon full implementation would be reduced by $907,683 (-$920,394+$12,711).
    
    



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 -841,271
Personal Services 0 0 66,412
Current Expenses 0 0 -907,683
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 -300,309 -300,309


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


    6882 Total Revocations
    (4346) FY19 Convictions
    2,536 Net Reductions in Revocations
    $50 Reinstatement Fee
    $126,800 Reduction in Reinstatement Revenue
    
    $156,449 Reduction in Interlock Revenue
    
    $17,060 Reduction in Docket/Hearing Fees
    
    $300,309 Total Reduction in Revenue
    
    
    
    $44,412 Hearing Examiner Salary
    $22,000 Benefits
    $66,412 Personnel Services
    
    $102,266 Average Annual Expense per AG
    9 Number of AGs
    ($920,394) Total AG Expense Reduction
    
    $1,632 Vehicle
    $10,000 Travel
    $20 Misc.
    $1,059 Laptop
    $12,711 Examiner Current Expenses
    ($907,683) Total Current Expense
    
    
    



Memorandum


    Federal Motor Carrier law Title 49 CFR §384.301 requires all states to be in substantial compliance with 49 U.S.C. §31311(a). To substantially comply, the State must meet each and every standard of Subpart B by means of demonstrable combined effect of its statutes, regulations, administrative procedures and practices, organizational structures, internal control mechanisms, resource assignments (facilities, equipment, and personnel), and enforcement practices.
    
    Subpart B §384.226 prohibits masking convictions. The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a Commercial License Permit holder or a Commercial Driver License holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law…from appearing on the DCLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
    
    §384.401 requires withholding of funds based on a state’s non-compliance with Commercial Driver License laws. Upon a finding of substantial non-compliance, a State may lose up to 4 % of its Federal-aid highway funds on the first day of the fiscal year following the State’s first year of non-compliance. An amount up to 8% of the Federal-aid highway funds will be withheld following the second and subsequent years of non-compliance. Once the highway funding is withheld, it will not be available in the future. If West Virginia becomes decertified through non-compliance, the Federal Motor Carrier Administration may revoke West Virginia’s ability to issue, renew, transfer or upgrade any commercial learner permit or commercial driver license.
    
    West Virginia has always maintained its substantial compliance with DUI offenses of CLP and CDL holders primarily due to the administrative hearing process and by ensuring that all convictions of CDL or CLP DUIs are placed on the driving record. With the elimination of the administrative license revocation process, West Virginia will be more likely to become out of compliance with the CDL DUI laws which puts West Virginia at risk of losing $14,680,000 highway funding the first year and $29,360,000 highway funding the second and subsequent years.
    
    Additionally, 23 U.S.C.S §164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence, state “if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State”. The diverted funds are to be used for alcohol-impaired driving countermeasures or directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated. This would produce a diversion from road construction and maintenance activities of approximately $9,175,000.
    



    Person submitting Fiscal Note: Lorrie Hodges
    Email Address: lorrie.a.hodges@wv.gov