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Multiple Agency Fiscal Note Summary — Bill Number 5399 SB, Future Listing Contracts (Final)

Summary

Multiple Agency Fiscal Note Summary for Bill Number 5399 SB, titled Future listing contracts, prepared by Kyle Siefering, OFM, and marked Final. The summary lists the Department of Licensing with 15,000 in estimated cash receipts and 15,000 in operating expenditures for 2023-25, and shows No fiscal impact for the Administrative Office of the Courts. It includes a Judicial Impact Fiscal Note and a Department of Licensing note. The Licensing narrative says a one-time assessment per license would go into a planned fee rulemaking process in the spring of 2024, with any proposed fee increases effective in June 2024.

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“Multiple Agency Fiscal Note Summary — Bill Number 5399 SB, Future Listing Contracts (Final).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-07-a30681-d251624-5399-sb-fn-final-02-06-23-4451170c8c/, SHA-256 1c7ea8b184d27d9d27fde868a2acddde374012f84f4215b5ea77e8e979c0511a.

Full text

                                         Multiple Agency Fiscal Note Summary
   Bill Number: 5399 SB                                                 Title: Future listing contracts

Estimated Cash Receipts
  Agency Name                                     2023-25                                                        2025-27                                                     2027-29
                              GF-State            NGF-Outlook               Total             GF-State       NGF-Outlook             Total             GF-State           NGF-Outlook             Total
  Department of                           0                     0              15,000                    0                   0                   0                  0                0                        0
  Licensing

           Total $                       0                      0             15,000                     0                   0                   0                  0                  0                      0


  Agency Name                                                    2023-25                                                2025-27                                          2027-29
                                                         GF- State       Total                                   GF- State      Total                             GF- State      Total
  Local Gov. Courts                                    No fiscal impact

  Loc School dist-SPI
  Local Gov. Other
  Local Gov. Total

Estimated Operating Expenditures
Agency Name                                   2023-25                                                        2025-27                                                               2027-29
                      FTEs       GF-State         NGF-Outlook              Total       FTEs      GF-State         NGF-Outlook       Total             FTEs        GF-State        NGF-Outlook             Total
Administrative          .0                    0                 0                  0        .0               0               0               0          .0                    0               0                   0
Office of the
Courts
Department of           .0                    0                 0            15,000         .0               0               0               0          .0                    0               0                   0
Licensing

         Total $        0.0                   0                 0           15,000       0.0                 0               0               0          0.0                   0               0                   0

Agency Name                                         2023-25                                                      2025-27                                                2027-29
                               FTEs           GF-State                     Total            FTEs         GF-State                Total               FTEs         GF-State                 Total
 Local Gov. Total
 Local Gov. Courts              No fiscal impact

 Loc School dist-SPI
 Local Gov. Other

Estimated Capital Budget Expenditures
 Agency Name                                         2023-25                                                   2025-27                                                   2027-29
                                FTEs               Bonds                     Total            FTEs           Bonds                Total              FTEs               Bonds               Total
 Administrative Office of            .0                         0                       0         .0                     0                   0               .0                   0                       0
 the Courts
 Department of Licensing             .0                         0                       0         .0                     0                   0               .0                   0                       0

                     Total $        0.0                             0                   0         0.0                    0                   0           0.0                      0                       0




        FNPID 66156
             :
  FNS029 Multi Agency rollup
Agency Name                           2023-25                     2025-27                        2027-29
                       FTEs    GF-State         Total   FTEs   GF-State     Total     FTEs    GF-State     Total
 Local Gov. Courts     No fiscal impact

 Loc School dist-SPI
 Local Gov. Other
 Local Gov. Total


Estimated Capital Budget Breakout




 Prepared by:   Kyle Siefering, OFM                                          Phone:            Date Published:
                                                                             (360) 995-3825    Final




      FNPID 66156
           :
 FNS029 Multi Agency rollup
                                           Judicial Impact Fiscal Note

Bill Number:         5399 SB                Title:    Future listing contracts                                  Agency: 055-Administrative Office of
                                                                                                                        the Courts

Part I: Estimates
 X        No Fiscal Impact

Estimated Cash Receipts to:

     NONE


Estimated Expenditures from:
     NONE


Estimated Capital Budget Impact:
          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.
        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.

     Contact                                                                                  Phone:                          Date: 01/20/2023
     Agency Preparation: Angie Wirkkala                                                       Phone: 360-704-5528             Date: 01/26/2023
     Agency Approval:       Chris Stanley                                                     Phone: 360-357-2406             Date: 01/26/2023
     OFM Review:            Gaius Horton                                                      Phone: (360) 819-3112           Date: 01/30/2023

     179,997.00                                                                                                                           Request # 077-1
      Form FN (Rev 1/00)                                                1                                                                  Bill # 5399 SB
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
  The bill defines the term "future listing right purchase contract" as a contractual right that obligates a seller to enter into a real estate
  listing agreement with a purchasing company in the future relating to the sale of a residential home, townhouse, or condominium. These
  contracts cannot last longer than five years from the purchase date, which is the date on which the prospective seller agrees with the
  purchasing company to give their future listing right to the purchasing company in exchange for moneys paid to the seller as
  consideration for entering into a future listing right contract. Listing right purchase contracts are permitted to act as a lien that is
  subordinate to a financing, refinancing or home equity line of credit
II. B - Cash Receipts Impact
  None

II. C - Expenditures
  No fiscal impact expected to the Administrative Office of the Courts and the courts.

Part III: Expenditure Detail
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
 IV. A - Capital Budget Expenditures

         NONE

 IV. B1 - Expenditures by Object Or Purpose (State)
         NONE


IV. B2 - Expenditures by Object Or Purpose (County)
        NONE


IV. B3 - Expenditures by Object Or Purpose (City)
        NONE

IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.

         NONE


   179,997.00                                                                                                                   Request # 077-1
    Form FN (Rev 1/00)                                                  2                                                        Bill # 5399 SB
FNS061 Judicial Impact Fiscal Note
None




   179,997.00                            Request # 077-1
   Form FN (Rev 1/00)                3    Bill # 5399 SB
FNS061 Judicial Impact Fiscal Note
                            Individual State Agency Fiscal Note

Bill Number:      5399 SB                Title:     Future listing contracts                                  Agency: 240-Department of Licensing


Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2024             FY 2025                2023-25           2025-27            2027-29
 Real Estate Commission Account-State                               15,000                                  15,000
     026-1
                                   Total $                          15,000                                  15,000


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 Account
 Real Estate Commission Account-State                         15,000                      0              15,000                     0                      0
          026-1
                                Total $                       15,000                      0              15,000                     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.

  X   Requires new rule making, complete Part V.


   Legislative Contact:                                                                       Phone:                         Date: 01/20/2023
   Agency Preparation:      Gina Rogers                                                       Phone: 360-634-5036            Date: 01/23/2023
   Agency Approval:         Gerrit Eades                                                      Phone: (360)902-3863           Date: 01/23/2023
  OFM Review:               Kyle Siefering                                                    Phone: (360) 995-3825          Date: 01/23/2023

Form FN (Rev 1/00) 179,439.00                                                                                                   Request # SB 5399-3
FNS063 Individual State Agency Fiscal Note                             1                                                              Bill # 5399 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 See attached fiscal note
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

 See attached fiscal note

II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 See attached fiscal note

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type                       FY 2024                FY 2025              2023-25               2025-27              2027-29
 026-1      Real Estate        State                           15,000                         0           15,000                         0                    0
            Commission Account
                                 Total $                         15,000                       0             15,000                       0                    0

 III. B - Expenditures by Object Or Purpose
                                                       FY 2024                FY 2025             2023-25             2025-27             2027-29
  FTE Staff Years
  A-Salaries and Wages
  B-Employee Benefits
  C-Professional Service Contracts
  E-Goods and Other Services                                  15,000                                   15,000
  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 $                       15,000                    0              15,000                     0                   0


 III. C - Operating FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I
and Part IIIA.
 NONE



III. D - Expenditures By Program (optional)
 NONE


Future listing contracts                                                                                                    240-Department of Licensing
Form FN (Rev 1/00) 179,439.00                                                                                                     Request # SB 5399-3
FNS063 Individual State Agency Fiscal Note                                2                                                             Bill # 5399 SB
 Part IV: Capital Budget Impact
 IV. A - Capital Budget Expenditures
      NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
       NONE

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


      NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

See attached fiscal note




Future listing contracts                                                                                                 240-Department of Licensing
Form FN (Rev 1/00) 179,439.00                                                                                                  Request # SB 5399-3
FNS063 Individual State Agency Fiscal Note                               3                                                           Bill # 5399 SB
                         Individual State Agency Fiscal Note

 Agency 240 – Department of Licensing

 Bill Number: SB 5399             Bill Title: Providing for future listing right purchase contracts


Part 1: Estimates
☐ No Fiscal Impact

Estimated Cash Receipts:
Revenue                          Fund          FY 24          FY 25    23-25 Total    25-27 Total     27-29 Total
Real Estate Commission              026          15,000            -         15,000           -               -
                            Account Totals       15,000            -         15,000           -               -


Estimated Expenditures:
                                             FY 24        FY 25        23-25 Total    25-27 Total     27-29 Total
FTE Staff Years                                     -              -            -             -               -
Operating Expenditures           Fund          FY 24          FY 25    23-25 Total    25-27 Total     27-29 Total
Real Estate Commission              026          15,000            -         15,000           -               -
                            Account Totals       15,000            -         15,000           -               -




Check applicable boxes and follow corresponding instructions.
☒ If the fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent
   biennia, complete this page only (Part I).
☐ 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.
☐ Capital budget impact, complete Part IV.
☒ Requires new rule making, complete Part V.

 Legislative Contact: Steven Puvogel                         Phone: (360) 701-6459       Date:
 Agency Preparation: Gina Rogers                             Phone: (360) 634-5036       Date: 1/23/23
 Agency Approval: Gerrit Eades                               Phone: (360) 902-3931       Date:

 Request #      1
 Bill #         5399 SB




                                                                                                      Page 1 of 4
Part 2 – Explanation
This bill allows for future listing right purchase contracts in real estate.


2.A – Brief Description Of What The Measure Does That Has Fiscal Impact
Sec. 1 – Amends RCW 18.86.010
    • (8) “contract purchase price” means the money paid to the seller for entering into a future listing
         right purchase contract
    • (10) “future listing right purchase contract” means a contractual right to obligating a seller to
         enter into a real estate listing agreement with a purchasing company in the future
              o Related to sales of residential homes, townhomes, or condos
    • (13) “purchase date” means the date when the contract purchase price is transferred to the
         seller by the company
    • (14) “purchasing company” means a person/entity that enters into a future listing right purchase
         contract

Sec. 2 – Amends RCW 18.86.070
    • (2) limits future listing right purchase contract terms to 5 years from the purchase date

Sec. 3 – Adds a new section to chapter 18.86 RCW
    • Allows future listing right purchase contracts to act as a lien on the property it’s related to
            o All liens must take priority except to a financing, refinancing, or home equity line of
                 credit the seller seeks after the effective date of the future listing right purchase contract

Sec. 4 – New Section
    • Provides an immediate effective date


2.B - Cash receipts Impact
 Revenue                           Fund          FY 24        FY 25      23-25 Total    25-27 Total   27-29 Total
 Real Estate Commission               026          15,000          -           15,000           -             -
                              Account Totals       15,000          -           15,000           -             -


2.C – Expenditures
 Operating Expenditures            Fund          FY 24        FY 25      23-25 Total    25-27 Total   27-29 Total
 Real Estate Commission               026          15,000          -           15,000           -             -
                              Account Totals       15,000          -           15,000           -             -


Information Services will Implement:

    •   Update system ordinance records to align with state laws and rules.
    •   Update Real Estate Audit checklist.




                                                                                                      Page 2 of 4
     Cost Category                            Description                        Rate      2024     2025       2026       2027       2028       2029       Total Cost
                      Test to verify individual components meet
TESTER                requirements; ensure that other business transactions     $ 22,620    2,300          -          -          -          -          -       2,300
                      have not been impacted.
                      Determine business requirements; translate
                      requirements into what changes are needed to various
BUSINESS ANALYST                                                                $ 16,530    1,700          -          -          -          -          -       1,700
                      systems including account codes, inventory codes,
                      testing considerations, etc.
PROJECT MANAGER       Manage schedule and contracts                             $ 28,710    2,900          -          -          -          -          -       2,900
                      Create the conceptual model that defines the
                      structure, behavior and framework of a computerized
                      system including a breakdown of the system into
SECURITY AND
                      components, the component interactions and                $ 16,530    1,700          -          -          -          -          -       1,700
ARCHITECT SERVICES
                      interfaces (including with the environment, especially
                      the user), and the technologies and resources to be
                      used in the design.
                      Trains business partners and employees in new system
Trainer                                                                         $ 22,620    2,300          -          -          -          -          -       2,300
                      processes and capabilities.
                      Office of the Chief Information Officer designated rate
Project Contingency                                                             $ 25,474    1,100          -          -          -          -          -       1,100
                      of 10%
                                         Totals                                            12,000          -          -          -          -          -      12,000



Assumptions:
   • All violations related to an Inspection/Audit will report on existing audit result letters
   • No new letters or reports

            Project Duration: 1 month

            Effective Date:           Immediate effective date

The system changes identified above impact an existing Commercial Off the Shelf (COTS) product and
require modifications by the vendor. The design, development and configuration services are estimated
to cost $2,800.

Information Services:

The agency will use appropriated funds to hire contract programmers to accomplish this work or to
support current staff implementing this legislation within the required timeline. Appropriated funds may
also be used to hire agency temporary staff to support permanent staff assigned to this legislative effort.

Any change requires a process to ensure changes are correctly applied to the system. This involves
Project Managers that manage the team that completes the update, business analyst that documents
and reviews the system changes, architect services that analyzes how the update could have an effect
on other systems or DOL processes, developers who create the change, and testers and quality
assurance teams that ensure the update is working correctly.

Support Services:

Agency Administrative Overhead is included at a rate of 23.4 percent of the direct program costs. This
funding received covers agency-wide functions such as vendor payments, contract administration,
financial management, mail processing, equipment management, help desk support, and technical
assistance to DOL employees.




                                                                                                                                                  Page 3 of 4
Part 3 – Expenditure Detail

3.A – Operating Budget Expenditures
Operating Expenditures             Fund         FY 24      FY 25    23-25 Total    25-27 Total   27-29 Total
Real Estate Commission                026         15,000        -         15,000           -             -
                              Account Totals      15,000        -         15,000           -             -


3.B – Expenditures by Object or Purpose
Object of Expenditure                           FY 24      FY 25    23-25 Total    25-27 Total   27-29 Total
Goods and Services                                15,000        -         15,000           -             -
                         Total By Object Type     15,000        -         15,000           -             -


3.C – FTE Detail
None.

Part 4 – Capital Budget Impact
None.

Part 5 – New Rule Making Required
To implement this legislation, a one-time assessment would need to be added to licenses that are
funded with dedicated funds, equal to the costs contained in the expenditure section of this fiscal note.
The cost allocation model applied to current expenditures is used to establish the revenue breakdown.
For efficiency purposes, the department will add inclusion of this one-time assessment per license, to a
planned fee rulemaking process in the spring of 2024, with any fee proposed increases to go into effect
in June 2024.




                                                                                                 Page 4 of 4


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