Multiple Agency Fiscal Note Summary — Bill Number: 1424 PES HB, Title: Dogs and Cats/Consumers

Summary

This is the Multiple Agency Fiscal Note Summary for Bill Number 1424 PES HB, titled Dogs and cats/consumers (S-2352.1/23), marked Final 3/22/2023. The Administrative Office of the Courts note states that the proposed substitute would not change fiscal impacts to that office or the courts. The Office of Administrative Hearings note describes an indeterminate fiscal impact because its authority to provide services for the appeals is unclear. It states that Section 1 allows Washington State counties to fine retail pet stores $250 for violations of the section, appealable to the Office of Administrative Hearings. The Department of Commerce local government note states that Clark County reports one retail pet store that may be impacted.

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Multiple Agency Fiscal Note Summary

Bill Number:
S-2352.

1/23

Title: Dogs and cats/consumers

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 Non-zero but indeterminate cost and/or savings. Please see discussion.
Administrative
Hearings
| Total$ | 0 | 0 0 | o| 0| o| 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 Non-zero but indeterminate cost and/or savings. Please see discussion.
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
Office of the
Courts
Office of Non-zero but indeterminate cost and/or savings. Please see discussion.
A dministrative
Hearings
| Total$ | 0.0] | 0| 0} 0.0 | 0| | q 0.0 | 0| o|
Agency Name 2023-25 2025-27 2027-29
FTEs | GF-State Total FTEs | GF-State Total FTEs | GE-State Total
Local Gov. Courts No fiscal impact
Loc School dist-SPI
Local Gov. Other
Local Gov. Total
Estimated Capital Budget Expenditures
Agency Name 2023-25 2025-27 2027-29
FTEs Bonds Total FTEs Bonds Total ETEs Bonds Total
Administrative Office of 0 0 0 0 0 0 0 0 0
the Courts
Office of Administrative 0 0 0 0 0 0 0 0 0
Hearings
Total$| 0.0] 0 0} 0.0] 0 o] 00] 0 0

FNPID 68304

FNS029 Multi Agency rollup
Agency Name 2023-25 2025-27 2027-29
FTEs | GF-State Total FTEs | GF-State Total FTEs | GE-State Total
Local Gov. Courts No fiscal impact
Loc School dist-SPI
Local Gov. Other
Local Gov. Total
Estimated Capital Budget Breakout
NONE
Prepared by: Cheri Keller, OFM Phone: Date Published:

(360) 584-2207

Final 3/22/2023

FNPID 68304

FNS029 Multi Agency rollup
Judicial Impact Fiscal Note

Bil

1 Number: 1424 PES HB Title:

Dogs and cats/consumers

Agency: 055-Administrative Office of

the Courts

Part I: Estimates

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 fo

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.

I

Legislative Contact Kellee Gunn

Phone: 786-7429

Date: 03/17/2023

\ gency Preparation: Angie Wirkkala

Phone: 360-704-5528 Date: 03/21/2023

\gency Approval: _ Chris Stanley

Phone: 360-357-2406 Date: 03/21/2023

DFM Review: Gaius Horton

Phone: (360) 819-3112 Date: 03/21/2023

186,652.00
Form FN (Rev 1/00)

FNS061 Judicial Impact Fiscal Note

Request # 254-1
Bill # 1424 P E S HB S-2352.1/23
Part II: Narrative Explanation

II. A- Brief Description Of What The Measure Does That Has Fiscal Impact on the Courts
The proposed substitute would not change fiscal impacts to the Administrative Office of the Courts or the courts.

The bill would allow address consumer protections with respect to the sale of cats and dogs and prescribes civil penalties.

II. B - Cash Receipts Impact
None. The new civil penalty in the bill is administrative and any appeal would go to the Office of Administrative hearings. There would
be no impact to courts or court revenue.

II. C - Expenditures

None.

Part HI: Expenditure Detail
Ill. A - Expenditure By Object or Purpose (State)

NONE
Ill. B - Expenditure By Object or Purpose (County)

NONE
III. C - Expenditure By Object or Purpose (City)

NONE
Ill. 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
186,652.00 Request # 254-1
Form FN (Rev 1/00) 2 Bill # 1424 PE S HB S-2352.1/23

FNS061 Judicial Impact Fiscal Note
Individual State Agency Fiscal Note

BillNumber: 1424PES HB Title: | Dogs and cats/consumers Agency: 110-Office of Administrative
S-2352.1/23 Hearings

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:

| Non-zero but indeterminate cost and/or savings. Please see discussion.

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: Kellee Gunn Phone: 786-7429 Date: 03/17/2023
Agency Preparation: Pete Boeckel Phone: 360-407-2730 Date: 03/22/2023
Agency Approval: Deborah Feinstein Phone: 360-407-2717 Date: 03/22/2023
OFM Review: Cheri Keller Phone: (360) 584-2207 Date: 03/22/2023
Form FN (Rev 1/00) 186,696.00 Request # 2023-113-1

FNS063 Individual State Agency Fiscal Note 1 Bill # 1424 PE S HB S-2352.1/23
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.

Indeterminate fiscal impact. Office of Administrative Hearings (OAH) authority to provide services for these appeals is
unclear. A change is needed to chapter 34.12 RCW and 34.05 RCW in order to have jurisdiction to handle these appeals.

Section 1 allows Washington State counties to fine retail pet stores $250 for violations of the section, and states the violation
is appealable to the Office of Administrative Hearings.

Violations resulting in a citation include:
1. Sold or offered for sale at a different address;
Selling dogs acquired from someone other than an authorized breeder or broker;
Selling dogs too young;
Failing to maintain proper breeder records;
Improper advertising;
. Improper posting of breeder or other source information;
1. Failing to disclose to potential buyers the dog or cat’s purchase price and the breeders’ inspection reports showing
law violations over the past two years.

Work activities associated with the enactment of this bill will begin on July 1, 2023.
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.

Indeterminate cash receipts.

Assuming changes in statute are made to allow OAH to handle these appeals and the counties are billed and pay for the
appeals, the revenue would be recorded as General Fund Private/Local (05??) unless a new account is established or the
Local Government Administrative Hearings Account (account #180 - RCW 42.41.060) is amended to handle these funds.

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.

Indeterminate expenditure impact.

1. Office of Administrative Hearings (OAH) authority to provide services for these appeals is unclear. A change is needed
to chapter 34.12 RCW and 34.05 RCW in order to have jurisdiction to handle these appeals.

2. Because this activity does not fall under the provisions of the Administrative Hearings Revolving Account (#484) or the
Local Government Administrative Hearings Account (#180), OAH assumes billings would be recorded under General Fund
Private Local revenue (05??) and expenditures would be accounted for within General Fund-Private/Local Dollars (001-7).

3. The Department of Commerce (Local) is unable to estimate the number of appeals for violations identified in this
legislation.

On average, the Office of Administrative Hearings (OAH) assumes each appeal is expected to take up to 17 hours of line
Administrative Law Judge (ALJ) time. This includes prehearing practice, order-writing, and the appeal.

Dogs and cats/consumers 110-Office of Administrative Hearings
Form FN (Rev 1/00) 186,696.00 Request # 2023-113-1
FNS063 Individual State Agency Fiscal Note 2 Bill # 1424 PE S HB S-2352.1/23
OAH Agency Workforce Assumptions:

(1) The Governors proposed COLA increases in FY2024 and FY2025, and Collective Bargaining Agreement increases are
not included in agency cost projections. Additional funding is required if these proposals are enacted.

(2) Ratio of 1.0 FTE line ALJ to 0.15 Senior ALJ (SALJ), to 0.6 Legal Assistant 2 (LA2) (Range 40 step L), to 0.25
administrative support Management Analyst 5 (MA5) (Range 64 Step L).

(3) ALJ salary is based on the ALJ collective bargaining agreement and assumed to be at step L. (Line ALJ-range 70.
Senior ALJ-range 74.)

(4) Benefit rates were analyzed by job class and projected using the latest benefit information available.

(5) Goods and services, travel and on-going capital outlays were projected based on historical data for each of the job
classifications.

Ranges of Total Workload Impact are assumed to be between $34,000 per FY and $143,000 per FY:

Assuming 4 appeals per FY are referred to OAH, the fiscal impact is a need for 0.05 ALJ at a cost of $15,000 per FY.
This is the minimum impact OAH would normally identify new costs for.

Assuming 8 appeals per FY are referred to OAH, the fiscal impact is a need for 0.10 ALJ and 0.06 LA2 at a cost of
$29,000 per FY.

Assuming 12 appeals per FY are referred to OAH, the fiscal impact is a need for 0.15 ALJ and 0.09 LA2 at a cost of
$105,000 per FY.

Work activities associated with the enactment of this bill will begin on July 1, 2023.

Part III: Expenditure Detail
II. A - Operating Budget Expenditures

| Non-zero but indeterminate cost and/or savings. Please see discussion.

Ill. B - Expenditures by Object Or Purpose
Non-zero but indeterminate cost and/or savings. Please see discussion.

Ill. 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
Dogs and cats/consumers 110-Office of Administrative Hearings
Form FN (Rev 1/00) 186,696.00 Request # 2023-113-1

FNS063 Individual State Agency Fiscal Note 3 Bill # 1424 PE S HB S-2352.1/23
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.

Dogs and cats/consumers 110-Office of Administrative Hearings
Form FN (Rev 1/00) 186,696.00 Request # 2023-113-1
FNS063 Individual State Agency Fiscal Note 4 Bill # 1424 PE S HB S-2352.1/23
LOCAL GOVERNMENT FISCAL NOTE

Department of Commerce

BillNumber: 1424PES HB Title: Dogs and cats/consumers
S-2352.1/23

Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts.

Legislation Impacts:

Cities: Cities that provide animal control services may receive additional fee revenue.
Counties: Same as above.

[| Special Districts:

[| Specific jurisdictions only:

[| Variance occurs due to:

Part II: Estimates

[| No fiscal impacts.

[| Expenditures represent one-time costs:

[| Legislation provides local option:
Key variables cannot be estimated with certainty at this ttme: The number of violations by jurisdiction.

Estimated revenue impacts to:

| Non-zero but indeterminate cost and/or savings. Please see discussion.

Estimated expenditure impacts to:

None

Part III: Preparation and Approval

Fiscal Note Analyst: Kristine Williams Phone: (564) 669-3002 Date: 03/22/2023

Leg. Committee Contact: Kellee Gunn Phone: 786-7429 Date: 03/17/2023

Agency Approval: Alice Zillah Phone: 360-725-5035 Date: 03/22/2023

OFM Review: _ Cheri Keller Phone: (360) 584-2207 Date: 03/22/2023
Page 1 of 3 Bill Number: 1424 PES HB S-2352.1/23

FNSO060 Local Government Fiscal Note
Part IV: Analysis
A. SUMMARY OF BILL
Description of the bill with an emphasis on how it impacts local government.

This note is on 1424 P ES HB S S-2352.1/23 and compares it to 1424 E S HB.

CHANGES BETWEEN THIS VERSION AND THE PREVIOUS BILL VERSION:

This version of the bill establishes an adoption fee which animal care and control agencies or animal rescue groups may
charge through a pet store, adds additional consumer protections, and allows local governments to enact or enforce
ordinances that are more restrictive. These changes include:

Sec.1 of RCW 16.52.360 is amended to remove references to “cat” in subsection (2). Subsection (2)(c) is amended to
require retail pet stores to obtain an affidavit from an eligible dog breeder or licensed broker, as specified in this section,
regardless of whether the breeder is located in or outside of Washington state.

Sec.1 (3) is amended to add the option for animal care and control agency or animal rescue group to charge an adoption
fee, not to exceed $1,000. No portion of this fee may be paid to or shared with a retail pet store.

Sec.1 (4) is amended to add the requirement that retail pet stores give prospective consumers the opportunity to interview
breeders and inspect breeding facilities prior to purchasing a dog.

Sec.1 (6) is a new subsection which clarifies that the act does not prohibit local governments from enacting or enforcing a
local ordinance with greater proscriptions on the sale of animals in retail pet stores or to issue penalties which are greater
than what is prescribed in this legislation.

Sec.1 (7) is a new subsection which provides a definition of what is and what is not a retail pet store.

Sec.2 (3) amends RCW 16.52.015 to state that animal control officers have the power to issue civil penalties based on
violations under RCW 16.52.360.

Sec.4 is amended to remove the new chapter in 63.10 RCW and adds an amendment to RCW 63.14.127 which prohibits
the use of a consumer lease contract.

Sec.5 is amended to remove the new chapter in 63.14 RCW and adds an amended to RCW 31.04.430 which prohibits the
use of a consumer loan contract.

These changes do not impact the fiscal impacts discussed below.

SUMMARY OF CURRENT BILL:

This legislation would require retail pet stores to disclose certain information to consumers before the sale of a dog or a
cat and extends authority to animal control officers to issue civil penalties for violations. Animal care and control agencies
or animal rescue groups would be allowed to charge an adoption fee not to exceed $1,000. Local governments would
have the authority to enact ordinances that are more restrictive than this legislation.

B. SUMMARY OF EXPENDITURE IMPACTS

Expenditure impacts of the legislation on local governments with the expenditure provisions identified by section number and when
appropriate, the detail of expenditures. Delineated between city, county and special district impacts.

This legislation would have no impact on local government expenditures.

Clark County provides animal control services for the unincorporated areas of the county as well as the City of
Vancouver. Clark County reports that there is one retail pet store that may be impacted by this legislation. The county

Page 2 of 3 Bill Number: 1424 PES HB S-2352.1/23
FNSO060 Local Government Fiscal Note
does not anticipate the need to hire additional staff if this legislation is passed.

C. SUMMARY OF REVENUE IMPACTS

Revenue impacts of the legislation on local governments, with the revenue provisions identified by section number, and when
appropriate, the detail of revenue sources. Delineated between city, county and special district impacts.

This legislation would have an indeterminate impact on local government revenues.

It is possible that local governments which operate animal services departments, either directly or in partnership with
another local government, will see an increase in revenues generated from the civil penalties. However, there is no way to
predict the number of penalties that will be issued and collected.

SOURCES
Municipal Research and Services Center (MRSC)
Clark County Animal Protection and Control Department

Page 3 of 3 Bill Number: 1424 PES HB S-2352.1/23
FNSO060 Local Government Fiscal Note


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