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Fiscal Note Summary — 1743 HB, Employee Ownership (Multiple Agency, 2/13/2023)

Summary

Multiple Agency Fiscal Note Summary for bill number 1743 HB, titled Employee ownership, followed by individual fiscal notes. The summary lists the Department of Revenue with estimated cash receipts of (229,000) for 2023-25 and the Department of Commerce with estimated operating expenditures of 1,754,384 for 2023-25. Its total estimated operating expenditures for 2023-25 are 2,253,584. The Department of Revenue note states that the department will use the standard process to adopt a new rule on employee ownership. The summary is marked Final 2/13/2023.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Fiscal Note Summary — 1743 HB, Employee Ownership (Multiple Agency, 2/13/2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-15-a30790-d253199-1743-fn-final-4ea41372b5/, SHA-256 583bc30ebb1e130165a2a18118598839f1c1057286c0b211d63044d550ed8b33.

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                                          Multiple Agency Fiscal Note Summary
   Bill Number: 1743 HB                                                Title: Employee ownership

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
  Office of State          Non-zero but indeterminate cost and/or savings. Please see discussion.
  Treasurer
  Department of                  (229,000)           (229,000)              (229,000)             (852,000)          (852,000)      (852,000)           (925,000)            (925,000)             (925,000)
  Revenue

            Total $             (229,000)            (229,000)             (229,000)              (852,000)          (852,000)     (852,000)            (925,000)            (925,000)             (925,000)




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
Joint Legislative        .0          15,700            15,700               15,700           .1          17,800        17,800       17,800         .2               77,300               77,300               77,300
Audit and Review
Committee
Office of State          .0                  0                 0                  0          .0               0              0             0       .0                    0                   0                    0
Treasurer
Department of           3.7        1,754,384        1,754,384            1,754,384          3.7     1,455,106        1,455,106   1,455,106        3.7          1,162,306            1,162,306             1,162,306
Commerce
Department of           1.3         483,500           483,500             483,500            .2          41,800        41,800       41,800         .2               41,800               41,800               41,800
Revenue

         Total $         5.0       2,253,584        2,253,584            2,253,584      4.0         1,514,706        1,514,706    1,514,706       4.1          1,281,406            1,281,406             1,281,406




Estimated Capital Budget Expenditures
 Agency Name                                        2023-25                                                     2025-27                                          2027-29
                                 FTEs             Bonds                     Total            FTEs             Bonds              Total          FTEs            Bonds                     Total
 Joint Legislative Audit              .0                       0                        0           .0                   0                 0            .0                     0                          0
 and Review Committee
 Office of State Treasurer            .0                       0                        0           .0                   0                 0            .0                     0                          0
 Department of Commerce               .0                       0                        0           .0                   0                 0            .0                     0                          0
 Department of Revenue                .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




        FNPID 66793
             :
  FNS029 Multi Agency rollup
Prepared by:   Cheri Keller, OFM   Phone:           Date Published:
                                   (360) 584-2207   Final 2/13/2023




    FNPID 66793
         :
FNS029 Multi Agency rollup
                            Individual State Agency Fiscal Note

Bill Number:      1743 HB                Title:     Employee ownership                                        Agency: 014-Joint Legislative Audit
                                                                                                                      and Review Committee

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:

      NONE


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  0.0                   0.0              0.0                      0.1              0.2
 Account
 General Fund-State            001-1                          11,200                  4,500             15,700                17,800              77,300
                                       Total $                11,200                  4,500             15,700                17,800              77,300


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:     Cassie Jones                                                      Phone: 360-786-7303            Date: 02/03/2023
   Agency Preparation:      Dana Lynn                                                         Phone: 360-786-5177            Date: 02/06/2023
   Agency Approval:         Eric Thomas                                                       Phone: 360 786-5182            Date: 02/06/2023
  OFM Review:               Gaius Horton                                                      Phone: (360) 819-3112          Date: 02/07/2023

Form FN (Rev 1/00) 182,224.00                                                                                                           Request # 35-1
FNS063 Individual State Agency Fiscal Note                              1                                                                Bill # 1743 HB
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.

 The bill creates a new B&O tax preference for costs related to converting a qualifying business to a worker-owned
 cooperative, employee ownership trust, or employee stock ownership plan.

 TAX PERFORMANCE STATEMENT DETAILS

 SECTION 4 provides a tax preference performance statement that categorizes the preference as intended to induce certain
 designated behavior by taxpayers, as indicated under RCW 82.32.808(2)(a).

 The specific public policy objective is stated to encourage business owners to create an employee stock ownership plan or
 employee ownership trust, or to convert to a worker-owned cooperative that allows the company to share ownership with
 their employees without requiring employees to invest their own money.

 If a review finds that the number of businesses in the state offering such plans or ones that have converted to
 worker-owned cooperatives has increased because of the tax credit, the Legislature intends the Legislative Auditor to
 recommend extending the expiration date of the preference.

 JLARC staff is to access and use any relevant data collected by the state.

 REST OF BILL AND TAX PREFERENCE DETAILS

 SECTION 1 is a new section noting legislative findings on encouraging employee ownership structures.

 SECTION 2 creates a new section in chapter 43.330 RCW establishing the Washington employee ownership program to
 support businesses considering a sale to an employee ownership structure and defining terms.

 SECTION 3 creates a new section in chapter 43.330 RCW detailing membership requirements for the Washington
 employee ownership commission, and its responsibilities.

 SECTION 5 is a new section in chapter 82.04 RCW allowing businesses to take a credit against their B&O tax for costs
 related to converting a qualifying business to a worker-owned cooperative, employee ownership trust, or an employee stock
 ownership plan. The credit is equal to: a) Up to 50% of conversion costs not exceeding $25,000 for converting to a
 worker-owned cooperative or an employee ownership trust; or b) Up to 50% of conversion costs not exceeding $100,000
 for converting to an employee stock ownership plan.

 Details on credit use are provided. Total annual credits statewide are capped at $2 million. Credits are authorized on a
 first-in-time basis. Further administrative details and definitions are provided. No credits can be claimed on returns for tax
 periods on or after July 1, 2030. The section expires July 1, 2030.

 SECTION 6 is a new section in chapter 43.330 RCW creating the employee ownership revolving loan program with the
 state treasurer.

 SECTION 7 notes sections 4 and 5 (tax preference details) take effect July 1, 2024.
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.

Employee ownership                                                                              014-Joint Legislative Audit and Review Committee
Form FN (Rev 1/00) 182,224.00                                                                                                     Request # 35-1
FNS063 Individual State Agency Fiscal Note                              2                                                          Bill # 1743 HB
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.


 JLARC staff would contact and work with the Department of Revenue and other appropriate agencies or organizations
 immediately after passage of the bill to ensure project contacts are established and any other necessary data for JLARC
 staff’s future evaluation needs are identified and collected. JLARC will likely review the preference in 2028.

 The expenditure detail reflects work conducted to prepare for the future review of the preference as well conducting the
 review in 2027-2028.

 This tax preference review may require additional resources. The audit will be conducted and presented to JLARC
 consistent with the processes used for other tax preference reviews. Based on all tax preference legislation that is passed,
 JLARC may subsequently determine that it can absorb the costs for this proposed bill in its base budget, if the workload of
 other enacted tax preference legislation does not exceed current staffing. JLARC will assess all of the tax preference
 reviews mandated in the 2023 legislative session.

 This audit will require an estimated 5 audit months.

 JLARC Audit Months: JLARC calculates its staff resources in "Audit Months" to estimate the time and effort to undertake
 and complete its studies. An "Audit Month" reflects a JLARC analyst’s time for a month, together with related
 administrative, support, and goods/services costs. JLARC’s anticipated 2021-23 costs are calculated at approximately
 $22,100 per audit month.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type                       FY 2024                FY 2025              2023-25               2025-27              2027-29
 001-1      General Fund       State                           11,200                  4,500              15,700                 17,800              77,300
                                 Total $                       11,200                  4,500              15,700                 17,800              77,300

III. B - Expenditures by Object Or Purpose
                                                       FY 2024                FY 2025           2023-25               2025-27             2027-29
  FTE Staff Years                                                                                                               0.1                 0.2
  A-Salaries and Wages                                         7,200                2,900              10,100               11,500               50,000
  B-Employee Benefits                                          2,300                  900               3,200                3,600               15,800
  C-Professional Service Contracts
  E-Goods and Other Services                                   1,500                    600              2,100                2,400              10,500
  G-Travel                                                       200                    100                300                  300               1,000
  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 $                       11,200                4,500              15,700               17,800               77,300




Employee ownership                                                                                 014-Joint Legislative Audit and Review Committee
Form FN (Rev 1/00) 182,224.00                                                                                                        Request # 35-1
FNS063 Individual State Agency Fiscal Note                                3                                                           Bill # 1743 HB
 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 2024           FY 2025          2023-25        2025-27         2027-29
  Research Analyst                                       126,694                                                                 0.1             0.2
  Support staff                                           89,671                                                                                 0.1
                              Total FTEs                                                                                         0.1             0.2



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
 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.




Employee ownership                                                                                014-Joint Legislative Audit and Review Committee
Form FN (Rev 1/00) 182,224.00                                                                                                       Request # 35-1
FNS063 Individual State Agency Fiscal Note                               4                                                           Bill # 1743 HB
                            Individual State Agency Fiscal Note

Bill Number:      1743 HB                Title:     Employee ownership                                        Agency: 090-Office of State Treasurer


Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
                             Non-zero but indeterminate cost and/or savings. Please see discussion.


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.
  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:     Cassie Jones                                                    Phone: 360-786-7303              Date: 02/03/2023
   Agency Preparation:      Dan Mason                                                       Phone: (360) 902-8990            Date: 02/06/2023
   Agency Approval:         Dan Mason                                                       Phone: (360) 902-8990            Date: 02/06/2023
  OFM Review:               Amy Hatfield                                                    Phone: (360) 280-7584            Date: 02/07/2023

Form FN (Rev 1/00) 182,124.00                                                                                                        Request # 058-1
FNS063 Individual State Agency Fiscal Note                             1                                                               Bill # 1743 HB
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.

 HB 1743 creates the employee ownership revolving loan program account, coupled with the general fund as the recipient of
 the earnings from investments under RCW 43.79A.040(4).
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.

 Projected cash flows are currently unavailable; therefore, estimated earnings from investments are indeterminable.

 There may be an impact on the debt service limitation calculation. Changes to the earnings credited to the general fund
 impacts, by an equal amount, general state revenues.
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.


Part III: Expenditure Detail
III. A - Operating Budget Expenditures
     NONE
 III. B - Expenditures by Object Or Purpose
         NONE


 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


 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




Employee ownership                                                                                                           090-Office of State Treasurer
Form FN (Rev 1/00) 182,124.00                                                                                                           Request # 058-1
FNS063 Individual State Agency Fiscal Note                                2                                                                Bill # 1743 HB
 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.




Employee ownership                                                                                                  090-Office of State Treasurer
Form FN (Rev 1/00) 182,124.00                                                                                                  Request # 058-1
FNS063 Individual State Agency Fiscal Note                               3                                                        Bill # 1743 HB
                            Individual State Agency Fiscal Note

Bill Number:      1743 HB                Title:     Employee ownership                                        Agency: 103-Department of Commerce


Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:

      NONE


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  3.7                   3.7              3.7                      3.7              3.7
 Account
 General Fund-State            001-1                         876,831               877,553           1,754,384             1,455,106           1,162,306
                                       Total $               876,831               877,553           1,754,384             1,455,106           1,162,306


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:     Cassie Jones                                                      Phone: 360-786-7303            Date: 02/03/2023
   Agency Preparation:      Karen McArthur                                                    Phone: 360-725-4027            Date: 02/07/2023
   Agency Approval:         Jason Davidson                                                    Phone: 360-725-5080            Date: 02/07/2023
  OFM Review:               Gwen Stamey                                                       Phone: (360) 790-1166          Date: 02/09/2023

Form FN (Rev 1/00) 182,275.00                                                                                                   Request # 162-700-1
FNS063 Individual State Agency Fiscal Note                              1                                                             Bill # 1743 HB
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.

 Section 2 creates the Washington employee ownership program in the Department of Commerce (department) and directs
 the department how to implement the program. By December 1st of each year, the department must submit report to the
 legislature on program activities. The first report must include rules and guidelines for the administration of the program.

 Section 3 creates the Washington employee ownership commission (commission) to exercise the powers to develop and
 oversee the program. One representative from the department will chair the first meeting prior to the election of a chair.
 The commission in consultation with the director shall development rules and guidelines to administer the program.

 Section 6 creates the employee ownership revolving loan program account at the state treasury to be used only for the
 purpose of the program.
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.

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.


 To complete this work the department estimates the following will be needed.

 0.20 FTE WMS Small Business Finance and Community Support Managing Director (420 hours) to provide leadership,
 oversight, supervision, rules coordination and decision-making over-all elements of the program.

 1.0 FTE Commerce Specialist 4 (2,088 hours) to function as an agency expert for the program. Create and work with a
 network of technical support and service providers to work with businesses considering employee ownership structures;
 work with state agencies regarding regulations and programs that affect employee-owned business; create partnership with
 relevant private, nonprofit, and public organizations to promote employee ownership benefits and successful models; work
 with the department of financial institutions and other appropriate entities to shape and implement program guidance; look
 for and apply for federal funding to establish a revolving loan program to assist business in the transition to employee
 ownership.

 1.0 FTE Commerce Specialist 3 (2,088 hours) to provide program data analysis and research to the Commerce Specialist 4
 in the creation of the program, procure and manage contracts, review and process payments to vendors.

 1.0 FTE Administrative Assistant 2 (2,088 hours) to provide administrative support and procedural guidance for the program,
 schedule commission meetings, data collection, and aid in applying for federal funds.

 Salaries and Benefits:
 FY24: $344,965
 FY25-FY29: $356,780 each fiscal year

 Professional Service Contracts:
 The department assumes $300,000 ($250 per hour x 1,200 hours) in FY24-FY26 to contract with firms as provided for in
 Section 2(3) for the purpose of the program and for translation services.

Employee ownership                                                                                                         103-Department of Commerce
Form FN (Rev 1/00) 182,275.00                                                                                                     Request # 162-700-1
FNS063 Individual State Agency Fiscal Note                                2                                                             Bill # 1743 HB
 FY24-FY26: $300,000 each fiscal year

 Goods, Services, Equipment and Travel:
 FY24: $118,373
 FY25-FY27: $103,392 per fiscal year
 FY28: $110,592
 FY29: $103,392

 Intra-Agency Reimbursements:
 FY24: $113,493
 FY25-FY29: $117,381 each fiscal year

 *Note: Standard goods and services costs include supplies and materials, employee development and training, Attorney
 General costs, central services charges and agency administration. Agency administration costs (e.g., payroll, HR, IT) are
 funded under a federally approved cost allocation plan.

 ===================================

 Total Costs:
 FY24: $876,831
 FY25-FY26: $877,553 per fiscal year
 FY27: $577,553
 FY28: $584,753
 FY29: $577,553

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type            FY 2024              FY 2025           2023-25            2025-27          2027-29
 001-1      General Fund       State               876,831              877,553         1,754,384          1,455,106        1,162,306
                                 Total $           876,831              877,553         1,754,384          1,455,106        1,162,306

III. B - Expenditures by Object Or Purpose
                                             FY 2024             FY 2025          2023-25           2025-27         2027-29
  FTE Staff Years                                      3.7                 3.7              3.7               3.7             3.7
  A-Salaries and Wages                           253,781             261,394          515,175           522,788         522,788
  B-Employee Benefits                             91,184              95,386          186,570           190,772         190,772
  C-Professional Service Contracts               300,000             300,000          600,000           300,000
  E-Goods and Other Services                      97,373              97,392          194,765           194,784         194,784
  G-Travel                                         6,000               6,000           12,000            12,000          12,000
  J-Capital Outlays                               15,000                               15,000                             7,200
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements                  113,493             117,381          230,874           234,762         234,762
  9-
                                Total $          876,831             877,553         1,754,384         1,455,106       1,162,306




Employee ownership                                                                                      103-Department of Commerce
Form FN (Rev 1/00) 182,275.00                                                                                  Request # 162-700-1
FNS063 Individual State Agency Fiscal Note                   3                                                       Bill # 1743 HB
 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 2024           FY 2025          2023-25           2025-27         2027-29
  Administrative Assistant 2                              51,302               1.0              1.0                 1.0             1.0             1.0
  Commerce Specialist 3                                   86,159               1.0              1.0                 1.0             1.0             1.0
  Commerce Specialist 4                                   90,523               1.0              1.0                 1.0             1.0             1.0
  Financial Services - Indirect                          111,168               0.5              0.5                 0.5             0.5             0.5
  WMS Band 2                                             128,983               0.2              0.2                 0.2             0.2             0.2
                          Total FTEs                                           3.7              3.7                 3.7             3.7             3.7



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
 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.




Employee ownership                                                                                                        103-Department of Commerce
Form FN (Rev 1/00) 182,275.00                                                                                                    Request # 162-700-1
FNS063 Individual State Agency Fiscal Note                               4                                                             Bill # 1743 HB
                                Department of Revenue Fiscal Note

Bill Number:       1743 HB                Title:     Employee ownership                                     Agency: 140-Department of Revenue


Part I: Estimates
       No Fiscal Impact

Estimated Cash Receipts to:
   Account                                                     FY 2024              FY 2025             2023-25              2025-27            2027-29
   GF-STATE-State                                                                        (229,000)           (229,000)            (852,000)        (925,000)
    01 - Taxes 05 - Bus and Occup Tax
                                             Total $                                     (229,000)           (229,000)            (852,000)        (925,000)

Estimated Expenditures from:


                                                        FY 2024                FY 2025               2023-25             2025-27              2027-29
  FTE Staff Years                                                  2.4                   0.2                   1.3                 0.2                  0.2
  Account
  GF-STATE-State           001-1                              462,600                 20,900            483,500                41,800              41,800
                                        Total $               462,600                 20,900            483,500                41,800              41,800

 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).

       Capital budget impact, complete Part IV.

  X    Requires new rule making, complete Part V.


   Legislative Contact:      Cassie Jones                                                      Phone:
                                                                                                   360-786-7303               Date: 02/03/2023
   Agency Preparation:       Sara del Moral                                                    Phone:
                                                                                                   360-534-1525               Date: 02/08/2023
   Agency Approval:          Marianne McIntosh                                                 Phone:
                                                                                                   360-534-1505               Date: 02/08/2023
   OFM Review:               Cheri Keller                                                      Phone:
                                                                                                   (360) 584-2207             Date: 02/08/2023

                                                                                                                                    Request # 1743-1-1
 Form FN (Rev 1/00) 182,494.00                                           1                                                               Bill # 1743 HB
FNS062 Department of Revenue Fiscal Note
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.

 This fiscal note addresses sections 4 and 5 of the bill, which impact the Department of Revenue (department).

 CURRENT LAW:
 The business and occupation (B&O) tax is a gross receipts tax. It is measured on the value of products, gross proceeds of
 sale, or gross income of each business. The tax rate varies by classification. Rates for the major classifications range from
 0.471% to 1.750%. Preferential rates are available for certain activities.

 Several credits against the B&O tax are available. However, state law does not allow a credit for the cost of converting a
 business to an employee-owned structure.

 PROPOSAL:
 A credit against the B&O tax is provided for each qualifying business that converts to using any of the following employee
 ownership structures:
  - employee stock ownership plan (ESOP)
  - worker-owned cooperative
  - employee ownership trust

 For each business that converts to using an ESOP, the credit is equal to the greater of the following:
 - 50% of conversion costs
 - $100,000

 For each business converting to a worker-owned cooperative or employee ownership trust, the credit is equal to the greater
 of the following:
  - 50% of conversion costs
  - $25,000

 Each business may carry over unused credit to subsequent tax periods, as long it does so within 12 months of conversion.

 Statewide, the total amount of credits authorized is $2 million for each calendar year.

 “Conversion costs” means amounts spent on accounting, legal and other professional services to pay for a feasibility study
 and/or a transition to an employee-owned structure.

 “Qualified business” means an entity that is:
  - subject to the B&O tax
  - does not already have one of employee-owned structures for which the credit is available
  - approved by the department for the credit.

 The credit expires on July 1, 2030.

 EFFECTIVE DATE:
 The bill takes effect 90 days after final adjournment of the session, except for the sections that create the credit, which take
 effect on July 1, 2024.



                                                                                                                                 Request # 1743-1-1
 Form FN (Rev 1/00) 182,494.00                                       2                                                                Bill # 1743 HB
FNS062 Department of Revenue 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.

  ASSUMPTIONS:
  - The department conducts significant outreach about the credit, leading to a greater number of conversions.
  - The number of businesses annually converting to employee ownership is:
     - 13 during the first year the credit is available
     - 15 for subsequent years
  - All converting businesses use the credit.
  - For each converted business that uses the credit, the credit equals:
     - $45,000 for an employee stock ownership plan
     - $25,000 for a worker-owned cooperative
  - Businesses using the credit in Washington are similar to Colorado businesses granted a credit for conversions during 2022
  with regards to annual revenues and type of employee ownership.
  - The B&O tax base grows as forecasted by the Economic and Revenue Forecast Council.
  - Currently, tribes with compacts receive a share of certain business and occupation taxes (RCW 43.06.523). Under this
  proposal the amount of revenue shared with tribes and local governments may decline.

  DATA SOURCES:
  - Colorado Office of Economic Development and International Trade
  - Economic and Revenue Forecast Council, November 2022 forecast
  - National Center for Employee Ownership

  REVENUE ESTIMATES:
  This bill decreases state revenues by an estimated $229,000 in the 11 months of impacted collections in fiscal year 2025, and
  by $417,000 in fiscal Year 2026, the first full year of impacted collections.

  STATE GOVERNMENT IMPACT:
     State Government (cash basis, $000):
        FY 2024 -   $ 0
        FY 2025 - ($ 229)
        FY 2026 - ($ 417)
        FY 2027 - ($ 435)
        FY 2028 - ($ 453)
        FY 2029 - ($ 472)

  LOCAL GOVERNMENT IMPACT:
    Local Government, if applicable (cash basis, $000): None
 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.

 ASSUMPTIONS:
 This bill affects less than 20 taxpayers annually.

 FIRST YEAR COSTS:
 The department will incur total costs of $462,600 in fiscal year 2024. These costs include:

                                                                                                                                         Request # 1743-1-1
  Form FN (Rev 1/00) 182,494.00                                           3                                                                   Bill # 1743 HB
FNS062 Department of Revenue Fiscal Note
   Labor Costs - Time and effort equate to 2.4 FTEs.
   - Adopt one new administrative rule.
    - Set up, program and test computer systems for a new credit type. This includes a new credit ID and associated return
processing and system indicator codes, a new E-file worksheet, and modifications to reports and data files.
   - Gathering requirements, implementation meetings, documentation, and testing of system changes due to new credit.
   - Assist taxpayers with reporting questions and respond to inquiries via email, web message, and paper correspondence.

   Object Costs - $132,000.
   - Computer system changes, including contract programming.

SECOND YEAR COSTS:
The department will incur total costs of $20,900 in fiscal year 2025. These costs include:

   Labor Costs - Time and effort equate to 0.2 FTE.
   - Continued computer system testing, monitoring and maintenance for new credit.
    - Process returns, verify credits taken and all associated work items, including issuing assessments for return errors and
underpayments.

ONGOING COSTS:
Ongoing costs for the 2026-27 biennium equal $41,800 and include similar activities described in the second-year costs. Time
and effort equate to 0.2 FTE.

Part III: Expenditure Detail
 III. A - Expenditures by Object Or Purpose
                                                       FY 2024            FY 2025                   2023-25                  2025-27             2027-29
     FTE Staff Years                                            2.4                       0.2                  1.3                   0.2                 0.2
     A-Salaries and Wages                                   208,000                   13,500               221,500                27,000              27,000
     B-Employee Benefits                                     68,600                    4,500                73,100                 9,000               9,000
     C-Professional Service Contracts                       132,000                                        132,000
     E-Goods and Other Services                              37,100                 2,300                   39,400                 4,600               4,600
     J-Capital Outlays                                       16,900                   600                   17,500                 1,200               1,200
                                   Total $                 $462,600               $20,900                 $483,500               $41,800             $41,800

  III. B - Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part I and Part IIIA.


     Job Classification                             Salary            FY 2024             FY 2025            2023-25            2025-27           2027-29
     EMS BAND 4                                          126,619                0.0                                    0.0
     EMS BAND 5                                          147,919                0.0                                    0.0
     EXCISE TAX EX 3                                      61,632                0.1                 0.1                0.1                 0.1              0.1
     IT SYS ADM-JOURNEY                                   92,844                1.6                                    0.8
     MGMT ANALYST4                                        73,260                0.6                 0.1                0.4                 0.1              0.1
     TAX POLICY SP 2                                      75,120                0.0                                    0.0
     TAX POLICY SP 3                                      85,020                0.1                                    0.0
     TAX POLICY SP 4                                      91,524                0.0                                    0.0
     WMS BAND 3                                          107,685                0.0                                    0.0
                        Total FTEs                                              2.4                 0.2                1.4                 0.2              0.2




                                                                                                                                            Request # 1743-1-1
 Form FN (Rev 1/00) 182,494.00                                        4                                                                          Bill # 1743 HB
FNS062 Department of Revenue Fiscal Note
III. C - 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

    Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
     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.

Should this legislation become law, the department will use the standard process to adopt WAC 458-20-NEW, titled: "New
rule on employee ownership". Persons affected by this rulemaking would include qualifying businesses that convert to
worker-owned cooperatives, employee ownership trusts, or employee stock ownership plans.




                                                                                                                                    Request # 1743-1-1
 Form FN (Rev 1/00) 182,494.00                                           5                                                              Bill # 1743 HB
FNS062 Department of Revenue Fiscal Note


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