Fiscal Note — Bill 2365 HB User data transmit notices, Washington (Final 1/20/2020)
Summary
A Multiple Agency Fiscal Note Summary for Bill Number 2365 HB, titled User data transmit notices, published 1/20/2020, followed by individual state agency fiscal notes. The Office of Attorney General note checks No Fiscal Impact and says the legislation is not expected to generate any costs or savings for that office. The Consolidated Technology Services note estimates total costs of $42,000, made up of $16,000 for a graphic designer and $26,000 for a focus group moderator, focus group analysis and meeting room costs. It says Section 2 of the bill requires the Office of Privacy and Data Protection to develop a sticker by January 1, 2022, and assumes focus group attendees will serve without compensation.
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“Fiscal Note — Bill 2365 HB User data transmit notices, Washington (Final 1/20/2020).”
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Multiple Agency Fiscal Note Summary
Bill Number: 2365 HB Title: User data transmit notices.
Estimated Cash Receipts
Agency Name 2019-21 2021-23 2023-25
GF- State Total GF- State Total GF- State Total
Consolidated Technology Services 0 42,000 0 0 0 0
Total $ 0 42,000 0 0 0 0
Estimated Operating Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Office of Attorney .0 0 0 .0 0 0 .0 0 0
General
Consolidated Technology .0 0 42,000 .0 0 0 .0 0 0
Services
Total $ 0.0 0 42,000 0.0 0 0 0.0 0 0
Estimated Capital Budget Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs Bonds Total FTEs Bonds Total FTEs Bonds Total
Office of Attorney .0 0 0 .0 0 0 .0 0 0
General
Consolidated Technology .0 0 0 .0 0 0 .0 0 0
Services
Total $ 0.0 0 0 0.0 0 0 0.0 0 0
Estimated Capital Budget Breakout
NONE
Prepared by: Bryan Way, OFM Phone: Date Published:
(360) 902-0650 Final 1/20/2020
FNPID: 58475
FNS029 Multi Agency rollup
Individual State Agency Fiscal Note
Bill Number: 2365 HB Title: User data transmit notices. Agency: 100-Office of Attorney
General
Part I: Estimates
X No Fiscal Impact
Estimated Cash Receipts to:
NONE
Estimated Operating Expenditures from:
NONE
Estimated Capital Budget Impact:
NONE
The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges (if appropriate), are explained in Part II.
Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).
Capital budget impact, complete Part IV.
Requires new rule making, complete Part V.
Legislative Contact: Kyle Raymond Phone: 360-786-7190 Date: 01/13/2020
Agency Preparation: Amy Flanigan Phone: 509-456-3123 Date: 01/16/2020
Agency Approval: Dianna Wilks Phone: 360-709-6463 Date: 01/16/2020
OFM Review: Gwen Stamey Phone: (360) 902-9810 Date: 01/19/2020
Form FN (Rev 1/00) 154,995.00 Request # 028-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 2365 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.
No fiscal impact. This legislation is not expected to generate any costs or savings for the Attorney General’s
Office (AGO). The AGO completed an analysis for legal services and fiscal impact from the most likely state
agencies.
The AGO Transportation & Public Construction (TPC) division has reviewed this bill and determined it will not
significantly increase the division’s workload in representing Washington Technology (WaTech). Section 2
requires the Office of Privacy and Data Protection (WaTech) to develop a “user data transmission sticker for the
purpose of notifying Washington consumers that a connected device has the capability to transmit user data to the
device manufacturer or any separate business entity.” After consultation with WaTech and the AGO Consumer
Protection Division, TPC estimates nominal AAG time, primarily in FY 2021, to assist WaTech. Costs are not
included in this request.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
None.
II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.
None.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
NONE
III. B - Expenditures by Object Or Purpose
NONE
III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA
NONE
III. D - Expenditures By Program (optional)
NONE
Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE
User data transmit notices. 100-Office of Attorney General
Form FN (Rev 1/00) 154,995.00 Request # 028-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 2365 HB
IV. B - Expenditures by Object Or Purpose
NONE
IV. C - Capital Budget Breakout
Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
NONE
Part V: New Rule Making Required
User data transmit notices. 100-Office of Attorney General
Form FN (Rev 1/00) 154,995.00 Request # 028-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 2365 HB
Individual State Agency Fiscal Note
Bill Number: 2365 HB Title: User data transmit notices. Agency: 163-Consolidated
Technology Services
Part I: Estimates
No Fiscal Impact
Estimated Cash Receipts to:
ACCOUNT FY 2020 FY 2021 2019-21 2021-23 2023-25
Consolidated Technology Services 42,000 42,000
Revolving Account-State 458-1
Total $ 42,000 42,000
Estimated Operating Expenditures from:
FY 2020 FY 2021 2019-21 2021-23 2023-25
Account
Consolidated Technology Services 0 42,000 42,000 0 0
Revolving Account-State 458-1
Total $ 0 42,000 42,000 0 0
Estimated Capital Budget Impact:
NONE
The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges (if appropriate), are explained in Part II.
Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
X If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).
Capital budget impact, complete Part IV.
Requires new rule making, complete Part V.
Legislative Contact: Kyle Raymond Phone: 360-786-7190 Date: 01/13/2020
Agency Preparation: Wendy Armstrong Phone: 360-407-8977 Date: 01/17/2020
Agency Approval: Tim Gallivan Phone: (360) 407-8215 Date: 01/17/2020
OFM Review: Bryan Way Phone: (360) 902-0650 Date: 01/20/2020
Form FN (Rev 1/00) 154,199.00 Request # 2365 HB-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 2365 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.
Section 2 of this bill requires the Office of Privacy and Data Protection (OPDP), a division of Office of the Chief
Information Officer, Consolidated Technology Services (WaTech) to develop a sticker to put on consumer
devices that transmit user data to the manufacturer or other business by January 1, 2022.
Section 2(2) requires that OPDP facilitate focus groups with children and adults to solicit feedback on the design
of the sticker.
Section 3 requires the OPDP to make the sticker digitally available to manufacturers without cost. The digital file
must be available on the OPDP web site.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
The chief privacy officer is a part of the Office of the Chief Information Officer (OCIO) and funded by an
appropriation from the Consolidated Technology Services Revolving Account (458-1). Revenues for the OCIO
are collected from state agencies who receive allocations through the Office of Financial Management (OFM)
central services model. It is assumed that the allocations in the central services model will be adjusted by the
Legislature to ensure WaTech revenues are sufficient to support the required expenditures.
II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.
In order to comply with Section 2 of this bill, it is assumed the OPDP will hire a subject matter expert
(consultant) to:
•research existing labels that appeal to both children and adults,
•research labels to meet regulatory standards, ADA requirements or prevent trademark infringement,
•provide focus group meeting facilitation (the format and number to be determined by the consultant),
•graphic design, and
•provide digital sticker templates for manufacturer use.
It is estimated the focus group costs may be higher than usual in order to meet the requirements of this bill. The
actual contracted cost will not be known until the scope of work is defined.
Total costs are estimated to be $42,000:
$16,000 Graphic Designer $200 per hour X 80 hours, includes research of existing labels
and regulatory compliance, template design and final product, and
$ 26,000 Focus group moderator, focus group analysis and meeting room costs.
It is assumed all focus group attendees will serve without compensation.
It is further assumed, OPDP staff can absorb the costs for this proposed bill in its base budget if the workload of
User data transmit notices. 163-Consolidated Technology Services
Form FN (Rev 1/00) 154,199.00 Request # 2365 HB-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 2365 HB
other enacted legislation does not exceed current staffing levels.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2020 FY 2021 2019-21 2021-23 2023-25
458-1 Consolidated State 0 42,000 42,000 0 0
Technology Services
Revolving Account
Total $ 0 42,000 42,000 0 0
III. B - Expenditures by Object Or Purpose
FY 2020 FY 2021 2019-21 2021-23 2023-25
FTE Staff Years
A-Salaries and Wages
B-Employee Benefits
C-Professional Service Contracts 42,000 42,000
E-Goods and Other Services
G-Travel
J-Capital Outlays
M-Inter Agency/Fund Transfers
N-Grants, Benefits & Client Services
P-Debt Service
S-Interagency Reimbursements
T-Intra-Agency Reimbursements
9-
Total $ 0 42,000 42,000 0 0
III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA
NONE
III. D - Expenditures By Program (optional)
NONE
Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE
IV. B - Expenditures by Object Or Purpose
NONE
IV. C - Capital Budget Breakout
Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
NONE
Part V: New Rule Making Required
User data transmit notices. 163-Consolidated Technology Services
Form FN (Rev 1/00) 154,199.00 Request # 2365 HB-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 2365 HB
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