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Fiscal Note - Hospitality employment/B&O, Bill 5515 P SB (Final 1/23/2022)

Summary

Multiple agency fiscal note summary for Bill Number 5515 P SB, titled Hospitality employment/B&O, published Final 1/23/2022 and prepared by Cheri Keller of OFM. Under estimated cash receipts, the Department of Revenue shows (39,000) for 2021-23, (159,000) for 2023-25 and (164,000) for 2025-27. Under estimated operating expenditures, the Department of Revenue shows 0.1 FTE and 156,800 for 2021-23, while the Employment Security Department shows zeros. The Department of Revenue fiscal note itemizes the 156,800 as 146,200 in FY 2022 and 10,600 in FY 2023, with receipts under the business and occupation tax account.

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“Fiscal Note - Hospitality employment/B&O, Bill 5515 P SB (Final 1/23/2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-25-a29562-d238758-5515-s-fn-final-01-23-22-517b208cd5/, SHA-256 31a2ae50072caf6198427ecda427ba737a3389534cd810be49e4039063ec4805.

Full text

                                       Multiple Agency Fiscal Note Summary
   Bill Number: 5515 P SB S-3690.1                                 Title: Hospitality employment/B&O

Estimated Cash Receipts
  Agency Name                                   2021-23                                                     2023-25                                             2025-27
                              GF-State          NGF-Outlook           Total            GF-State    NGF-Outlook               Total        GF-State         NGF-Outlook              Total
  Department of                  (39,000)            (39,000)           (39,000)         (159,000)      (159,000)            (159,000)      (164,000)          (164,000)             (164,000)
  Revenue

           Total $              (39,000)             (39,000)          (39,000)             (159,000)          (159,000)     (159,000)      (164,000)            (164,000)           (164,000)




Estimated Operating Expenditures
Agency Name                                 2021-23                                                     2023-25                                                       2025-27
                      FTEs       GF-State       NGF-Outlook          Total       FTEs        GF-State       NGF-Outlook     Total        FTEs        GF-State        NGF-Outlook         Total
Department of           .1         156,800           156,800          156,800          .0               0              0            0      .0                    0              0                0
Revenue
Employment              .0                  0              0                 0         .0               0              0            0      .0                    0              0                0
Security
Department

         Total $        0.1        156,800           156,800          156,800      0.0                  0              0            0      0.0                   0              0                0




Estimated Capital Budget Expenditures
 Agency Name                                       2021-23                                                2023-25                                        2025-27
                                FTEs             Bonds                 Total            FTEs            Bonds              Total         FTEs           Bonds                Total
 Department of Revenue               .0                       0                    0          .0                   0                0           .0                   0                  0
 Employment Security                 .0                       0                    0          .0                   0                0           .0                   0                  0
 Department

                     Total $        0.0                        0                   0         0.0                   0                0       0.0                      0                   0




 Estimated Capital Budget Breakout
          NONE




  Prepared by:       Cheri Keller, OFM                                                                                      Phone:                      Date Published:
                                                                                                                            (360) 584-2207              Final 1/23/2022




        FNPID 63853
             :
  FNS029 Multi Agency rollup
                                Department of Revenue Fiscal Note

Bill Number:       5515 P SB               Title:    Hospitality employment/B&O                                  Agency:      140-Department of
                   S-3690.1                                                                                                   Revenue

Part I: Estimates
       No Fiscal Impact

Estimated Cash Receipts to:
   Account                                                      FY 2022             FY 2023              2021-23              2023-25            2025-27
   GF-STATE-State                                                                          (39,000)             (39,000)           (159,000)         (164,000)
    01 - Taxes 05 - Bus and Occup Tax
                                             Total $                                       (39,000)             (39,000)           (159,000)         (164,000)

Estimated Expenditures from:


                                                         FY 2022               FY 2023                2021-23              2023-25             2025-27
  FTE Staff Years                                                   0.1                   0.1                   0.1
  Account
  GF-STATE-State           001-1                               146,200                10,600             156,800
                                        Total $                146,200                10,600             156,800

 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).

  X    Capital budget impact, complete Part IV.

       Requires new rule making, complete Part V.


   Legislative Contact:       Clinton McCarthy                                                  Phone: 360-786-7319            Date: 01/17/2022
   Agency Preparation:        Beth Leech                                                        Phone: 360-534-1513            Date: 01/23/2022
   Agency Approval:           Valerie Torres                                                    Phone: 360-534-1521            Date: 01/23/2022
   OFM Review:                Cheri Keller                                                      Phone: (360) 584-2207          Date: 01/23/2022

                                                                                                                                     Request # 5515-2-1
 Form FN (Rev 1/00) 172,993.00                                            1                                                  Bill # 5515 P SB S-3690.1
FNS062 Department of Revenue Fiscal Note
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 .

Note: This fiscal note reflects language in Proposed Substitute Senate Bill 5515 (S-3690.1), 2022 Legislative Session.

CURRENT LAW:
There is no business and occupation (B&O) tax credit for qualified employment positions in the accommodation and hospitality
service industry.

COMPARISON OF PROPOSED SUBSTITUTE BILL WITH THE ORIGINAL BILL:
The proposed substitute bill adds domestic brewery, domestic distillery, and domestic winery to the list of hospitality industries.

PROPOSAL:
This bill provides a B&O tax credit of $275 for each qualified employment position created after July 1, 2022, in an eligible area.
The employer earns the credit for the calendar year the person is hired and the four subsequent consecutive years, if the
employer maintains the position for those four years.

A credit may not be taken for persons hired into positions that exist on July 1, 2022, but for new employees hired for new
positions created after July 1, 2022. New positions filled by existing employees are eligible for the credit if the position vacated
by the existing employee is filled by a new hire. A newly created position is eligible for the full yearly credit if filled before July 1.
If it is filled after June 30, the position is eligible for half of the yearly credit.

This credit does not require an application. By December 1 of each year, the Department of Revenue (Department) must
determine eligible areas for the following calendar year. An area remains an eligible area for three consecutive years. Qualified
employment positions created prior to any calendar year in which an area is later determined to be ineligible continue to earn
credit.

If the Department determines that a person is not eligible for the tax credit, the amount of taxes for which the credit has been
claimed is immediately due with interest at the rate for delinquent excise taxes, but not penalties.

The Employment Security Department (ESD) must provide the Department with any information needed to verify eligibility.

Definitions:
- Qualified employment position means a permanent full-time position for the eligible person in a hospitality industry with annual
wages exceeding the average annual wage for the county.
- Eligible area means a county in which the county unemployment rate is at least 25 percent greater than the statewide
unemployment rate.
- Average annual wage for the county is the average annual wage reported by the ESD in its quarterly census of employment
and wages for the calendar year prior to the year of employment.
- Unemployment rate means the unemployment rate for the state and counties provided by the ESD in the seasonally adjusted
monthly employment report for September of the prior year. For employment positions created between July 1, 2022 and
December 31, 2022 the monthly employment report for April must be used.
- Hospitality industry means a business engaged in providing accommodation services, good services, amusement and recreation
services, domestic breweries, domestic distilleries, domestic wineries, or any combination of such services.

EFFECTIVE DATE:
This bill takes effect on July 1, 2022.
                                                                                                                                      Request # 5515-2-1
 Form FN (Rev 1/00) 172,993.00                                           2                                                     Bill # 5515 P SB S-3690.1
FNS062 Department of Revenue Fiscal Note
 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 .

 ASSUMPTIONS:
 - The statewide unemployment rate is 3.4%. Eligible areas have an unemployment rate of at least 4.25%.
 - November 2021 unemployment data is similar to September 2021 unemployment data. Based on this data, the following
 nine counties qualify as an eligible area: Ferry ($25.80), Franklin ($27.90), Grant ($29.57), Grays Harbor ($27.56), Mason
 ($27.93), Okanogan ($23.33), Pacific ($24.38), Pend Oreille ($30.37), and Yakima ($26.23). The average hourly wage, as
 determined by ESD's quarterly census of employment and wages for each county, is also listed.
 - February 2020 employment data was used to approximate pre-pandemic employment. To approximate the lost positions
 due to the pandemic, this data was compared to June 2020 employment data. This resulted in approximately 830 businesses
 that lost employment during this time in the eligible counties and job classifications.
 - Approximately 50 businesses paid wages in 2021 higher than the average wage for the county in 2020. Of these, less than
 20 businesses had a B&O tax liability sufficient to earn an employment credit in 2021.
 - One full time equivalent employee works 2080 hours in a year.
 - The average work week is 32.4 hours, which translates to 1685 hours worked in a year. From this, the average hourly
 wage by county was determined.
 - Wages in the hospitality sector increased 18.4% in 2021.
 - Newly created positions will be filled before July 1st of each year and qualify for a full yearly credit.
 - Growth in this B&O credit mirrors the Economic and Revenue Forecast Council November 2021 Employment Forecast.

 DATA SOURCES:
 - Employment Security Department, unemployment and wage data
 - Department excise tax data
 - Pewresearch.org, "Many U.S. workers are seeing bigger paychecks in pandemic era, but gains aren't spread evenly "
 - Economic and Revenue Forecast Council November 2021 Employment Forecast

 REVENUE ESTIMATES:
 This bill decreases state revenues by an estimated $39,000 in Fiscal Year 2023, and by $79,000 in Fiscal Year 2024.

 TOTAL REVENUE IMPACT:

     State Government (cash basis, $000):
        FY 2022 - $ 0
        FY 2023 - ($ 39)
        FY 2024 - ($ 79)
        FY 2025 - ($ 80)
        FY 2026 - ($ 81)
        FY 2027 - ($ 83)

    Local Government, if applicable (cash basis, $000): 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

 ASSUMPTIONS:

                                                                                                                                       Request # 5515-2-1
  Form FN (Rev 1/00) 172,993.00                                          3                                                     Bill # 5515 P SB S-3690.1
FNS062 Department of Revenue Fiscal Note
This legislation will affect 20 taxpayers.

FIRST YEAR COSTS:
The Department will incur total costs of $146,200 in Fiscal Year 2022. These costs include :

   Labor Costs - Time and effort equates to 0.1 FTE.
   - System programming and configuration.

   Object Costs - $132,000.
   - Contract computer system programming.

SECOND YEAR COSTS:
The Department will incur total costs of $10,600 in Fiscal Year 2023. These costs include :

  Labor Costs - Time and effort equates to 0.1 FTE.
  - Create a special notice and identify publications and information that need to be created or updated on the Department’s
website.
  - Respond to tax ruling requests, email inquiries, and more difficult call backs from the telephone information center.

ONGOING COSTS:
There are no ongoing costs.

Part III: Expenditure Detail
 III. A - Expenditures by Object Or Purpose
                                                       FY 2022             FY 2023                  2021-23                  2023-25          2025-27
     FTE Staff Years                                             0.1                      0.1                   0.1
     A-Salaries and Wages                                     9,000                    6,400                15,400
     B-Employee Benefits                                      3,200                    2,300                 5,500
     C-Professional Service Contracts                       132,000                                        132,000
     E-Goods and Other Services                               1,300                  1,200                   2,500
     J-Capital Outlays                                          700                    700                   1,400
                                    Total $                $146,200                $10,600                $156,800

  III. B - 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 2022            FY 2023            2021-23            2023-25       2025-27
     IT SYS ADM-JOURNEY                                   89,916                 0.1                                   0.1
     TAX INFO SPEC 4                                      64,332                                    0.1                0.1
                        Total FTEs                                               0.1                0.1                0.1



III. C - Expenditures By Program (optional)
       NONE



Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
    NONE


                                                                                                                                          Request # 5515-2-1
 Form FN (Rev 1/00) 172,993.00                                         4                                                          Bill # 5515 P SB S-3690.1
FNS062 Department of Revenue Fiscal Note
 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 dexcribe potential financing methods
    NONE

  None.

Part V: New Rule Making Required




                                                                                                                                     Request # 5515-2-1
 Form FN (Rev 1/00) 172,993.00                                         5                                                     Bill # 5515 P SB S-3690.1
FNS062 Department of Revenue Fiscal Note
                              Individual State Agency Fiscal Note

Bill Number:        5515 P SB               Title:    Hospitality employment/B&O                                 Agency: 540-Employment Security
                    S-3690.1                                                                                             Department

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:      Clinton McCarthy                                                Phone: 360-786-7319              Date: 01/17/2022
     Agency Preparation:       Lesley Carpenter                                                Phone: 360 902-9404              Date: 01/19/2022
     Agency Approval:          Danielle Cruver                                                 Phone: 360-810-0901              Date: 01/19/2022
  OFM Review:                  Anna Minor                                                      Phone: (360) 790-2951            Date: 01/19/2022

Form FN (Rev 1/00) 172,254.00                                                                                                      Request # UI 5515-1
FNS063 Individual State Agency Fiscal Note                               1                                                    Bill # 5515 P SB S-3690.1
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 original bill creates a Business & Occupation tax credit for employers in the hospitality industry located in counties with
 high unemployment rates who then hire full-time employees to positions with annual wages that exceed the average annual
 wage in the county.

 Sec. 1(6) requires Employment Security to provide any information to Revenue that Revenue needs to verify eligibility for
 this tax credit.

 Sec. 1(7)(c), (i) explicitly relies on Employment Security aggregate wage data for the various counties and published
 seasonally adjusted monthly unemployment rates for the state and the various counties as part of the criteria for determining
 if a particular business qualifies for the B&O tax credit.

 Department of Revenue currently has a data-sharing agreement with Employment Security to access the data it needs to
 verify eligibility under this bill (employee names, social security numbers, quarterly hours, quarterly wages ), and currently
 does access that data under other tax credit programs that Revenue also administers that rely on the same Employment
 Security data.

 This proposed substitute slightly changes the definition of “hospitality industry” to also include domestic breweries, wineries
 and distilleries. The amendments have no impact on Employment Security.
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 .

 Because the Department of Revenue will be using the same process to access the same data it already accesses, there is
 no anticipated increase in cash receipts as a result of this bill.
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 .


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



Hospitality employment/B&O                                                                                       540-Employment Security Department
Form FN (Rev 1/00) 172,254.00                                                                                                   Request # UI 5515-1
FNS063 Individual State Agency Fiscal Note                               2                                                 Bill # 5515 P SB S-3690.1
 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

 IV. D - Capital FTE Detail: List FTEs by classification and corresponding annual compensation . Totals need to agree with total FTEs in
           Part IVB

      NONE

Part V: New Rule Making Required




Hospitality employment/B&O                                                                                      540-Employment Security Department
Form FN (Rev 1/00) 172,254.00                                                                                                  Request # UI 5515-1
FNS063 Individual State Agency Fiscal Note                              3                                                 Bill # 5515 P SB S-3690.1


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