Multiple Agency Fiscal Note Summary — 2856 HB, Facial Recog. Moratorium
Summary
A Multiple Agency Fiscal Note Summary for Bill Number 2856 HB, titled Facial recog. moratorium, with a final date published of February 6, 2020. The summary table lists the Administrative Office of the Courts, Office of Attorney General and Washington State Patrol. A Judicial Impact Fiscal Note states that the bill would prohibit the use of facial recognition technology by state and local government agencies until July 1, 2023, and would create a joint legislative task force on facial recognition. It describes court expenditures as indeterminate but expected to be minimal. A Local Government Fiscal Note says the legislation would have indeterminate cost impacts for cities and counties and no revenue impacts.
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“Multiple Agency Fiscal Note Summary — 2856 HB, Facial Recog. Moratorium.”
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, SHA-256 1416431b4699d052b588c083235770a5d7f952abd452308d850ee2a71a5c59dc.Full text
Multiple Agency Fiscal Note Summary
Bill Number: 2856 HB Title: Facial recog. moratorium
Estimated Cash Receipts
NONE
Estimated Operating Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Administrative Office of .0 0 0 .0 0 0 .0 0 0
the Courts
Office of Attorney .0 0 0 .0 0 0 .0 0 0
General
Washington State Patrol .0 0 0 .0 0 0 .0 0 0
Total $ 0.0 0 0 0.0 0 0 0.0 0 0
Agency Name 2019-21 2021-23 2023-25
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Local Gov. Courts
Loc School dist-SPI
Local Gov. Other Non-zero but indeterminate cost and/or savings. Please see discussion.
Local Gov. Total
Estimated Capital Budget Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs Bonds Total FTEs Bonds Total FTEs Bonds Total
Administrative Office of .0 0 0 .0 0 0 .0 0 0
the Courts
Office of Attorney .0 0 0 .0 0 0 .0 0 0
General
Washington State Patrol .0 0 0 .0 0 0 .0 0 0
Total $ 0.0 0 0 0.0 0 0 0.0 0 0
Estimated Capital Budget Breakout
NONE
FNPID: 59696
FNS029 Multi Agency rollup
Prepared by: Gaius Horton, OFM Phone: Date Published:
(360) 902-0608 Final 2/ 6/2020
FNPID: 59696
FNS029 Multi Agency rollup
Judicial Impact Fiscal Note
Bill Number: 2856 HB Title: Facial recog. moratorium Agency: 055-Administrative Office
of the Courts
Part I: Estimates
No Fiscal Impact
Estimated Cash Receipts to:
NONE
Estimated Expenditures from:
NONE
The revenue and expenditure estimates on this page represent the most likely fiscal impact. Responsibility for expenditures may be
subject to the provisions of RCW 43.135.060.
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.
Legislative Contact Yelena Baker Phone: 360-786-7301 Date: 01/29/2020
Agency Preparation: Sam Knutson Phone: 360-704-5528 Date: 02/03/2020
Agency Approval: Ramsey Radwan Phone: 360-357-2406 Date: 02/03/2020
OFM Review: Gaius Horton Phone: (360) 902-0608 Date: 02/03/2020
157,524.00 Request # 2856 HB-1
Form FN (Rev 1/00) 1 Bill # 2856 HB
FNS061 Judicial Impact Fiscal Note
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact on the Courts
Please see attached Judicial Impact Note (JIN).
II. B - Cash Receipts Impact
II. C - Expenditures
III. A - Expenditure By Object or Purpose (State)
NONE
III. B - Expenditure By Object or Purpose (County)
NONE
III. C - Expenditure By Object or Purpose (City)
NONE
III. D - FTE Detail
NONE
III. E - Expenditures By Program (optional)
NONE
Part IV: Capital Budget Impact
157,524.00 Request # 2856 HB-1
Form FN (Rev 1/00) 2 Bill # 2856 HB
FNS061 Judicial Impact Fiscal Note
Part II: Narrative Explanation
This bill would prohibit the use of facial recognition technology by state and local government
agencies until July 1, 2023. The bill would prohibit the installation or operation of any equipment
that incorporates facial recognition in places of public accommodation until July 1, 2023. The bill
would create a joint legislative task force on facial recognition to review existing research,
document potential threats, and provide recommendations regarding appropriate regulation of
facial recognition.
Part II.A – Brief Description of what the Measure does that has fiscal impact on
the Courts
Section 5 – Would provide that the Office of the Attorney General (OAG) may bring an action in
the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce
this chapter. Would provide that in any action brought by the OAG would be subject to a civil
penalty of one thousand dollars for each violation of this chapter. Would provide that any
consumer prevailing in an action under this chapter may recover actual damages.
II.B - Cash Receipt Impact
None.
II.C – Expenditures
Indeterminate, but expected to be minimal. There is no data available to estimate the number of
civil filings that may result from this bill.
JUDICIAL IMPACT FISCAL NOTE BILL# 2856 HB
Individual State Agency Fiscal Note
Bill Number: 2856 HB Title: Facial recog. moratorium 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: Yelena Baker Phone: 360-786-7301 Date: 01/29/2020
Agency Preparation: Amy Flanigan Phone: 509-456-3123 Date: 02/04/2020
Agency Approval: Diana Arens Phone: 3605869346 Date: 02/04/2020
OFM Review: Gwen Stamey Phone: (360) 902-9810 Date: 02/04/2020
Form FN (Rev 1/00) 158,164.00 Request # 111-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 2856 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 Agriculture & Health Division (AHD) has reviewed this bill and determined it will not increase or
decrease the division’s workload in representing the Department of Commerce (COM). COM was assigned this
fiscal note request for its role in estimating the impact of bills on local governments. Commerce itself would not
be given any new authorities or responsibilities under this bill. Thus, this won’t generate any legal work for
AHD. Costs are not included in this request.
The AGO Civil Rights Division has reviewed this bill and determined it will not increase or decrease the
division’s workload in representing the Human Rights Commission (HRC). No enforcement duties are assigned
to the AGO or HRC. Any new legal services are assumed to be nominal and costs are not included in this request.
The AGO Consumer Protection Division (CPR) has reviewed this bill and determined it will not increase or
decrease the division’s workload. This bill imposes a moratorium on the use of facial recognition. CPR assumes
that the law will be honored, that enforcement will be minimal if at all, and the moratorium is well publicized.
Any potential enforcement would be directed at whether or not the use occurred, rather than whether the use was
lawful under the circumstances. Use of facial recognition by public agencies or the courts will not be enforced by
CPR under the Consumer Protection Act. New legal services are assumed to be nominal and costs are not
included in this request.
The AGO Government Compliance & Enforcement Division (GCE) has reviewed this bill and determined it will
not increase or decrease the division’s workload in representing the Washington State Patrol (WSP). This bill
imposes a moratorium on the use of “facial recognition” technology by state agencies until July 1, 2023.
Additionally, it makes such evidence inadmissible in a legal proceeding. GCE’s client programs have never
relied on evidence derived from this technology, so the provisions of this bill would not have any impact on our
work for these client programs. New legal services are assumed to be nominal and costs are not included in this
request.
The AGO Licensing & Administrative Law Division (LAL) has reviewed this bill and determined it will not
significantly increase the division’s workload in representing the Department of Licensing (DOL). DOL’s use of
facial recognition technology is specifically exempted. However, DOL will likely need legal advice regarding
whether this bill impacts the disclosure of facial recognition results to other state or federal agencies and under
what circumstances. New legal services are assumed to be nominal and 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.
II. C - Expenditures
Facial recog. moratorium 100-Office of Attorney General
Form FN (Rev 1/00) 158,164.00 Request # 111-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 2856 HB
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.
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
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
Facial recog. moratorium 100-Office of Attorney General
Form FN (Rev 1/00) 158,164.00 Request # 111-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 2856 HB
Individual State Agency Fiscal Note
Bill Number: 2856 HB Title: Facial recog. moratorium Agency: 225-Washington State
Patrol
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: Yelena Baker Phone: 360-786-7301 Date: 01/29/2020
Agency Preparation: Kendra Sanford Phone: 360-596-4080 Date: 01/31/2020
Agency Approval: Walter Hamilton Phone: 360-596-4046 Date: 01/31/2020
OFM Review: Jenna Forty Phone: (360) 902-0419 Date: 01/31/2020
Form FN (Rev 1/00) 157,613.00 Request # 067-1
FNS063 Individual State Agency Fiscal Note 1 Bill # 2856 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.
There will be no fiscal impact to the Washington State Patrol as we do not currently have facial recognition
services and are not planning to implement this technology prior to July 1, 2023.
Section 6 creates a task force on facial recognition technology. The task force will review existing research on
facial recognition software, document potential abuses and threats by its use, and recommend appropriate
technology regulation. The findings and recommendations will be reported to the governor and appropriate
committees by September 30, 2021. The task force will absolve July 1, 2023.
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.
It is unknown if the WSP will be part of the task force as created in Section 6. If the WSP is asked to be part of
the task force, the Chief will be appointed. Assuming the task force meets once a month starting July 2020 thru
September 2021 (14 meetings), each meeting lasts one hour each, and the Chief's fiscal year 2021 hourly rate is
an estimated $120, then this will be an estimated $1,680. This can be absorbed in current resources.
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
IV. B - Expenditures by Object Or Purpose
NONE
Facial recog. moratorium 225-Washington State Patrol
Form FN (Rev 1/00) 157,613.00 Request # 067-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 2856 HB
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
Facial recog. moratorium 225-Washington State Patrol
Form FN (Rev 1/00) 157,613.00 Request # 067-1
FNS063 Individual State Agency Fiscal Note 3 Bill # 2856 HB
LOCAL GOVERNMENT FISCAL NOTE
Department of Commerce
Bill Number: 2856 HB Title: Facial recog. moratorium
Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts.
Legislation Impacts:
X Cities: Indeterminate costs for jurisdictions to comply with moratorium on facial recognition technology and participate on a task
force
X Counties: Same as above
Special Districts:
Specific jurisdictions only:
Variance occurs due to:
Part II: Estimates
No fiscal impacts.
Expenditures represent one-time costs:
Legislation provides local option:
X Key variables cannot be estimated with certainty at this time: Changes law enforcement agencies would need to employ to adhere to
moratorium on facial recognition technology
Estimated revenue impacts to:
None
Estimated expenditure impacts to:
Non-zero but indeterminate cost and/or savings. Please see discussion.
Part III: Preparation and Approval
Fiscal Note Analyst: Alice Zillah Phone: 360-725-5035 Date: 02/06/2020
Leg. Committee Contact: Yelena Baker Phone: 360-786-7301 Date: 01/29/2020
Agency Approval: Allan Johnson Phone: 360-725-5033 Date: 02/06/2020
OFM Review: Gaius Horton Phone: (360) 902-0608 Date: 02/06/2020
Page 1 of 2 Bill Number: 2856 HB
FNS060 Local Government Fiscal Note
Part IV: Analysis
A. SUMMARY OF BILL
Provide a clear, succinct description of the bill with an emphasis on how it impacts local government .
Sec. 1 establishes that it is unlawful for any Washington state or local government agency or any official to obtain , retain, request, access,
or use any facial recognition technology or any information obtained from or by use of facial recognition . Inadvertent or unintentional
receipt, access, or use of any information obtained from facial recognition is not a violation of this chapter , provided that the information
was not requested or solicited by a state or local agency or any official , and the information is permanently deleted upon discovery. This
section expires July 1, 2023.
Sec. 2 directs that no information obtained from or by use of facial recognition may be received in evidence in any trial , hearing, or other
proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority
subject to the jurisdiction of the state of Washington. Any person who has been subjected to facial recognition in violation of section 1 of
this act, or about whom information has been obtained, retained, accessed, or used in violation of section 1 of this act, may institute
proceedings in any court of competent jurisdiction against the state and is entitled to recover actual damages , but not less than statutory
damages of $1,000 per violation, whichever is greater. This section expires July 1, 2023.
Sec. 6 establishes a joint legislative task force on facial recognition technology, with one member from law enforcement.
B. SUMMARY OF EXPENDITURE IMPACTS
Briefly describe and quantify the expenditure impacts of the legislation on local governments , identifying the expenditure provisions by
section number, and when appropriate, the detail of expenditures. Delineate between city, county and special district impacts.
The legislation would have indeterminate cost impacts for cities and counties.
Facial recognition services is a broad category that can apply to almost all cameras in use by law enforcement , as well as to Facebook and
smartphone use, according to the Washington Association of Sheriffs and Police Chiefs. If the legislation is interpreted as applying to this
broad set of activities, it could result in significant changes in the way local governments conduct business .
Additionally, the bill creates a joint legislative task force on facial recognition technology, with one member from law enforcement. The
location and frequency of the task force meetings is not known at this time .
C. SUMMARY OF REVENUE IMPACTS
Briefly describe and quantify the revenue impacts of the legislation on local governments , identifying the revenue provisions by section
number, and when appropriate, the detail of revenue sources. Delineate between city, county and special district impacts.
The legislation would have no revenue impacts for local governments.
SOURCES:
Washington Association of Sheriffs and Police Chiefs
Page 2 of 2 Bill Number: 2856 HB
FNS060 Local Government Fiscal Note
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