Fiscal Note - 2485 HB, Genetic data, Office of Attorney General (2020)
Summary
An Individual State Agency Fiscal Note from the Office of Attorney General for 2485 HB, titled "Genetic data," with agency preparation dated 01/20/2020 and OFM review dated 01/22/2020. The narrative describes new sections that create a new chapter in Title 19 RCW: Section 2 sets requirements on privacy notice, consent, security, and disclosure for direct to consumer genetic testing companies, and Section 3 makes a violation of the chapter a violation of Chapter 19.86 RCW with civil penalties of $2,500 per violation. It states the workload impact at a cost of $92,000 per FY for FY 2021 and FY 2022, and $45,000 per FY from FY 2023, each including court costs of $1,200 per FY.
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“Fiscal Note - 2485 HB, Genetic data, Office of Attorney General (2020).”
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, SHA-256 98c29401450951d287fc7e29bcc4d7ad9f721e2e52ef9428dbc87afeb1ff8a33.Full text
Individual State Agency Fiscal Note
Bill Number: 2485 HB Title: Genetic data Agency: 100-Office of Attorney
General
Part I: Estimates
No Fiscal Impact
Estimated Cash Receipts to:
NONE
Estimated Operating Expenditures from:
FY 2020 FY 2021 2019-21 2021-23 2023-25
FTE Staff Years 0.0 0.7 0.3 0.5 0.3
Account
General Fund-State 001-1 0 92,000 92,000 137,000 90,000
Total $ 0 92,000 92,000 137,000 90,000
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
X
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: Yelena Baker Phone: 360-786-7301 Date: 01/16/2020
Agency Preparation: Michael Shinn Phone: 360-759-2122 Date: 01/20/2020
Agency Approval: Edd Giger Phone: 360-586-2104 Date: 01/20/2020
OFM Review: Gwen Stamey Phone: (360) 902-9810 Date: 01/22/2020
Form FN (Rev 1/00) 155,416.00 Request # 044-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 2485 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.
The four sections are new, and create a new chapter in Title 19 RCW.
Section 1 is a definitions section. Direct-to-consumer genetic testing company is defined.
Section 2 sets requirements regarding privacy notice, consent, security, and disclosure that direct to consumer
genetic testing companies must meet.
Section 3 makes a violation of the chapter a violation of Chapter 19.86 RCW. The Attorney General’s Office
(AGO) is given power to bring actions in the name of the state or as parens patriae on behalf of residents,
providing for civil penalties of $2,500 per violation. Consumers are entitled to the same as damages. Attorney
fees and costs are mandatory for successful plaintiffs.
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.
AGO Consumer Protection activities are funded with General Fund-State dollars. No cash receipt impact. There
is no client agency to bill for legal services.
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.
Assumptions for the AGO Consumer Protection Division (CPR) Legal Services:
1. This bill is assumed effective 90 days after the end of the 2020 legislative session.
2. AGO CPR activities are funded with General Fund-State dollars. CPR enforces the Consumer Protection Act
with respect to conduct that is made unlawful under RCW 19.86.020, which broadly prohibits unfair or deceptive
acts or practices in trade or commerce. CPR focus is on representations and failures to disclose terms and
conditions.
3. CPR assumes up to 2 investigations leading to enforcement action in fiscal year (FY) 2021 and FY 2022.
4. Beginning in FY 2023, investigations decrease to 1 per year. The industry is assumed to move toward
compliance.
5. Enforcement action will not require a trial.
6. Court Costs include $1,200 for deposition costs.
7. Total workload impact:
FY 2021 and FY 2022: 0.2 Assistant Attorney General-Seattle (AAG), 0.1 Legal Assistant-Seattle (LA), 0.1
Genetic data 100-Office of Attorney General
Form FN (Rev 1/00) 155,416.00 Request # 044-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 2485 HB
Investigator-Seattle (INV), and 0.2 Paralegal-Seattle (PL) at a cost of $92,000 per FY (this includes court costs of
$1,200 per FY).
FY 2023 and in each FY thereafter: 0.1 AAG, 0.05 LA, 0.05 INV, and 0.1 PL at a cost of $45,000 per FY
(this includes court costs of $1,200 per FY).
Note: Agency administration support FTEs are included in the tables below, using a Management Analyst 5 as a
representative classification.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2020 FY 2021 2019-21 2021-23 2023-25
001-1 General Fund State 0 92,000 92,000 137,000 90,000
Total $ 0 92,000 92,000 137,000 90,000
III. B - Expenditures by Object Or Purpose
FY 2020 FY 2021 2019-21 2021-23 2023-25
FTE Staff Years 0.7 0.3 0.5 0.3
A-Salaries and Wages 58,000 58,000 86,000 56,000
B-Employee Benefits 20,000 20,000 30,000 20,000
C-Professional Service Contracts
E-Goods and Other Services 12,000 12,000 19,000 14,000
G-Travel 1,000 1,000 1,000
J-Capital Outlays 1,000 1,000 1,000
Total $ 0 92,000 92,000 137,000 90,000
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
Job Classification Salary FY 2020 FY 2021 2019-21 2021-23 2023-25
Assistant Attorney General-Seattle 110,256 0.2 0.1 0.2 0.1
Legal Assistant 3 (Seattle) 64,944 0.1 0.1 0.1 0.1
Management Analyst 5 88,644 0.1 0.0 0.0
Paralegal 2-Seattle 70,608 0.2 0.1 0.2 0.1
Senior Investigator-Seattle 92,652 0.1 0.1 0.1 0.1
Total FTEs 0.7 0.3 0.5 0.3
III. D - Expenditures By Program (optional)
Program FY 2020 FY 2021 2019-21 2021-23 2023-25
Consumer Protection Division (CPR) 92,000 92,000 137,000 90,000
Total $ 92,000 92,000 137,000 90,000
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
Genetic data 100-Office of Attorney General
Form FN (Rev 1/00) 155,416.00 Request # 044-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 2485 HB
Part V: New Rule Making Required
Genetic data 100-Office of Attorney General
Form FN (Rev 1/00) 155,416.00 Request # 044-1
FNS063 Individual State Agency Fiscal Note 4 Bill # 2485 HB
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