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Fiscal Note — 1743 HB, Employee Ownership (Joint Legislative Audit and Review Committee)

Summary

Individual State Agency Fiscal Note for bill number 1743 HB, titled Employee ownership, from agency 014, the Joint Legislative Audit and Review Committee. Part I checks No Fiscal Impact and lists General Fund-State operating expenditures of 15,700 for 2023-25. The narrative states that 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. It describes a tax performance statement for the preference.

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“Fiscal Note — 1743 HB, Employee Ownership (Joint Legislative Audit and Review Committee).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-15-a30790-d253200-1743-fn-preliminary-2-0d8a02d3b9/, SHA-256 eb418805c013dd2a280cc54ebb644fcad99c97a48c47445adf915b127d21726b.

Full text

                            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:                                                                                 Phone:                         Date:

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


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