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Multiple Agency Fiscal Note Summary — 5328 SB: Earned wage access services

Summary

A Final Multiple Agency Fiscal Note Summary, with a date published of January 31, 2025, for Bill Number 5328 SB, titled Earned wage access services. The rollup lists the Department of Financial Institutions at 1.4 FTEs and 425,263 in estimated operating expenditures for 2025-27, and 246,300 in estimated cash receipts. The Judicial Impact Fiscal Note marks No Fiscal Impact. The Department of Financial Institutions note says the bill requires licensing beginning July 1, 2026 and sets business practices for licensees, and that the department estimates approximately 28 companies will be subject to licensing and expects to set the initial licensing fee at $1,500.

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“Multiple Agency Fiscal Note Summary — 5328 SB: Earned wage access services.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-02-19-a32828-d280828-5328-sb-fn-final-01-31-25-eaec6accf5/, SHA-256 8fe65ce2a731270bb60c5e6a9285c13bc00298c845d7ec4c68f906165961df91.

Full text

                                               Multiple Agency Fiscal Note Summary
   Bill Number: 5328 SB                                                 Title: Earned wage access services

Estimated Cash Receipts
  Agency Name                                          2025-27                                                   2027-29                                           2029-31
                                GF-State              NGF-Outlook          Total              GF-State       NGF-Outlook            Total        GF-State        NGF-Outlook            Total
  Department of                                0                    0        246,300                     0                 0         818,400                0               0             818,400
  Financial Institutions

            Total $                        0                        0        246,300                     0                 0         818,400                0                0            818,400


  Agency Name                                                            2025-27                                        2027-29                                2029-31
                                                                 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                                    2025-27                                                       2027-29                                                      2029-31
                    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         1.4                  0                 0             425,263       2.5                 0              0      773,826        2.5               0               0          853,102
Financial
Institutions
Washington                 .0              0                 0                     0       .0                0              0              0       .0               0               0                0
State Patrol
Department of              .0              0                 0                     0       .0                0              0              0       .0               0               0                0
Labor and
Industries

         Total $       1.4                 0                 0             425,263       2.5                 0              0       773,826      2.5                0               0          853,102

Agency Name                                              2025-27                                                 2027-29                                        2029-31
                                 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 Expenditures




        FNPID 72123
             :
  FNS029 Multi Agency rollup
Agency Name                           2025-27                            2027-29                           2029-31
                           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 Financial       .0              0           0     .0               0           0      .0              0           0
Institutions
Washington State Patrol       .0              0           0     .0               0           0      .0              0           0
Department of Labor and       .0              0           0     .0               0           0      .0              0           0
Industries

                 Total $     0.0              0           0     0.0              0           0     0.0              0           0


Agency Name                          2025-27                             2027-29                            2029-31
                           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:     Megan Tudor, OFM                                                    Phone:              Date Published:
                                                                                      (360) 890-1722      Final 1/31/2025




      FNPID 72123
           :
 FNS029 Multi Agency rollup
                                           Judicial Impact Fiscal Note

Bill Number:         5328 SB                Title:    Earned wage access services                               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.

     Legislative Contact Clinton McCarthy                                                     Phone: 360-786-7319             Date: 01/17/2025
     Agency Preparation: Devon Dieckman                                                       Phone: 3607044020               Date: 01/30/2025
     Agency Approval:       Chris Stanley                                                     Phone: 360-357-2406             Date: 01/30/2025
     OFM Review:            Gaius Horton                                                      Phone: (360) 819-3112           Date: 01/31/2025

     199,113.00                                                                                                                           Request # 053-1
      Form FN (Rev 1/00)                                                1                                                                  Bill # 5328 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
  Establishes Washington State Earned Wage Access Services Act as a new chapter in Title 31 RCW. Beginning 07/01/2026 this will
  require certain payday lenders to be licensed by the Department of Financial Institutions (DFI). Along with this it establishes licensing
  procedures and requirements, the specific duties of those involved and prohibited acts, and provides the DFI regulation, investigations
  and enforcement of these requirements. This bill authorizes the DFI to apply to superior court for ex parte orders
  pre-authorizing/approving subpoenas, specifies venues and content of applications, requires granting if the application sufficient, and
  makes applications subject to RCW 36.18.012(3). Finally, it authorizes DFI actions in Superior Court to enforce and enjoin violations and
  mandates injunctive relief be granted “upon proper showing” (Section 16(3)), classifies violations with no prescribed penalty as gross
  misdemeanors (Section 17(1)), and makes certain proceedings subject to Administrative Procedures Act (Section 19)

  Section 13 establishes the procedure for seeking order pre-authorizing/approving subpoenas. This will increase court filings to the
  extent that this procedure is used.
II. B - Cash Receipts Impact
  None

II. C - Expenditures
  No or minimal fiscal impact to the Administrative Office of 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


   199,113.00                                                                                                             Request # 053-1
   Form FN (Rev 1/00)                                           2                                                           Bill # 5328 SB
FNS061 Judicial Impact Fiscal Note
IV. C - Capital Budget Breakout
Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.

        NONE
None




   199,113.00                                                                                                                   Request # 053-1
    Form FN (Rev 1/00)                                                  3                                                        Bill # 5328 SB
FNS061 Judicial Impact Fiscal Note
                            Individual State Agency Fiscal Note

Bill Number:      5328 SB                Title:     Earned wage access services                               Agency: 102-Department of Financial
                                                                                                                      Institutions

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:
 ACCOUNT                                                    FY 2026             FY 2027             2025-27              2027-29            2029-31
 Financial Services Regulation                                      42,000             204,300             246,300              818,400          818,400
 Account-Non-Appropriated               300-6
                                         Total $                    42,000             204,300             246,300              818,400          818,400


Estimated Operating Expenditures from:
                                                       FY 2026               FY 2027              2025-27              2027-29              2029-31
 FTE Staff Years                                                  0.2                   2.5              1.4                      2.5              2.5
 Account
 Financial Services Regulation                                57,748               367,515             425,263               773,826             853,102
 Account-Non-Appropriated                300
 -6
                                       Total $                57,748               367,515             425,263               773,826             853,102


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:     Clinton McCarthy                                                  Phone: 360-786-7319            Date: 01/17/2025
   Agency Preparation:      Cale Zimmerman                                                    Phone: (360) 902-0507          Date: 01/21/2025
   Agency Approval:         Emily Fitzgerald                                                  Phone: (360) 902-8780          Date: 01/21/2025
  OFM Review:               Megan Tudor                                                       Phone: (360) 890-1722          Date: 01/21/2025

Form FN (Rev 1/00) 197,968.00                                                                                                     Request # 25-008-2
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 5328 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.

 This bill creates a new chapter titled the Earned Wage Access Services Act, which creates and establishes a new program
 in the Department of Financial Institutions (DFI) to regulate earned wage access products and services. Earned wage
 access (EWA) products allow employees to receive advance proceeds based on a consumer’s earned but unpaid income.
 The bill states that any person offering EWA services must be licensed beginning July 1, 2026. Sections 3-5 set forth the
 general licensing application requirements and process. Section 9 states business practices that licensees must comply with,
 including certain disclosure requirements. Section 10 adds a fee limit of up to $7 for any fee for delivery or expedited
 delivery of an EWA services transaction. Licensees are also subject to DFI's examination and enforcement authority;
 which are similar to the requirements set forth in the Consumer Loan Act, chapter 31.04 RCW.
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.

 DFI estimates that approximately 28 companies will be subject to licensing under the proposed legislation. The fees
 anticipated in the bill will be set by rule and DFI will set appropriate fee structures to cover costs.

 DFI expects to set the initial licensing fee for Earned Wage Access service providers at $1,500. The agency expects to
 collect about $42,000 ($1,500 x 28) in initial licensing fees during FY26 from the estimated 28 companies. DFI expects
 additional companies to start conducting EWA activities and requiring licensure, resulting in collection of about $3,000
 ($1,500 x 2) in FY27 and ongoing.

 Licensees under the proposed legislation will pay an annual assessment fee based on their volume of business the previous
 year. The first annual assessment fees will be due in FY27 for business conducted in calendar year 2026. DFI estimates
 the following revenue under the assumption that licensees will handle an average of $22,250,000 a year in funds. In a report
 published July 18, 2024, the Consumer Financial Protection Bureau estimates that the number of earned wage access
 transactions grew by over 90% from 2021 to 2022, with more than 7 million workers accessing approximately $22 billion in
 2022. DFI expects to collect $186,900 during FY27 (assessment would cover activity from July-December 2026) and
 $373,800 during FY28 and ongoing.

 In addition, each licensee under the proposed legislation is subject to examination. Examinations are billed hourly and billable
 exam costs are expected to be $14,400 in FY27 and $32,400 in FY28 and beyond.

 For purposes of this fiscal note, investigative fees are not included as they are indeterminate.
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.


 One-time expenditures:
 The proposed legislation creates a new license type. DFI will need to revise existing computer applications. IT contract
 costs are estimated to be $29,500 in FY26.

 Ongoing expenditures:
 DFI will collect financial, criminal background information, and other identifying information for review of suitability for
 licensure.


Earned wage access services                                                                                    102-Department of Financial Institutions
Form FN (Rev 1/00) 197,968.00                                                                                                    Request # 25-008-2
FNS063 Individual State Agency Fiscal Note                                2                                                            Bill # 5328 SB
 DFI will have authority to examine and investigate each licensee.

 DFI will receive, investigate, and resolve complaints.

 DFI will have enforcement authority.

 The costs of conducting these activities are represented by the FTE estimates below:
 Program FTEs in FY26 and beyond:
 FTE      Position                    Functional Unit
 0.2      Management Analyst 5        Licensing

 0.2 Total Program FTEs

 Program FTEs in FY27 and beyond:
 FTE    Position                      Functional Unit
 0.1    Management Analyst 4          Exams
 1.0    Financial Examiner 3          Exams
 0.5    Financial Examiner 4          Exams
 0.2    Financial Legal Examiner 3    Enforcement
 0.2    Financial Legal Examiner Supv.Enforcement

 2.0 Total Program FTEs

 Administrative overhead is calculated at 15% of program FTEs using a Management Analyst 5 as a representative position,
 which comes to an additional 0.3 FTEs and $42,121 starting in FY 27. Expenditure growth is projected at 5% per year to
 account for standard salary progression.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type            FY 2026                 FY 2027              2025-27               2027-29           2029-31
 300-6      Financial Services Non-Appr             57,748                 367,515             425,263                773,826          853,102
            Regulation Account opriated
                                Total $                57,748                 367,515             425,263                773,826           853,102

III. B - Expenditures by Object Or Purpose
                                             FY 2026                FY 2027             2025-27              2027-29           2029-31
  FTE Staff Years                                      0.2                    2.5                 1.4                  2.5               2.5
  A-Salaries and Wages                            18,978                243,889             262,867               524,971          578,781
  B-Employee Benefits                              5,831                 82,244              88,075               177,031          195,176
  C-Professional Service Contracts                29,500                                     29,500
  E-Goods and Other Services                       2,639                 33,182              35,821                71,424           78,745
  G-Travel                                                                  200                 200                   400              400
  J-Capital Outlays                                    800                8,000               8,800
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $           57,748                367,515             425,263               773,826          853,102




Earned wage access services                                                                             102-Department of Financial Institutions
Form FN (Rev 1/00) 197,968.00                                                                                             Request # 25-008-2
FNS063 Individual State Agency Fiscal Note                      3                                                               Bill # 5328 SB
 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 2026           FY 2027          2025-27           2027-29         2029-31
  Financial Examiner 3                                    86,712                                1.0                 0.5             1.0             1.0
  Financial Examiner 4                                    95,652                                0.5                 0.3             0.5             0.5
  Financial Legal Examiner 3                              91,068                                0.2                 0.1             0.2             0.2
  Financial Legal Examiner Supervisor                    141,599                                0.2                 0.1             0.2             0.2
  Management Analyst 4                                    74,724                                0.1                 0.1             0.1             0.1
  Management Analyst 5                                    82,512               0.2              0.5                 0.4             0.5             0.5
                        Total FTEs                                             0.2              2.5                 1.4             2.5             2.5



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.

The proposed legislation grants DFI the authority to adopt rules as necessary to implement the provisions of the bill. Based on
the proposed legislation, DFI will need to draft a new WAC chapter. Rulemaking costs will be absorbed.




Earned wage access services                                                                                   102-Department of Financial Institutions
Form FN (Rev 1/00) 197,968.00                                                                                                   Request # 25-008-2
FNS063 Individual State Agency Fiscal Note                               4                                                            Bill # 5328 SB
                              Individual State Agency Fiscal Note

Bill Number:        5328 SB                Title:     Earned wage access services                               Agency: 225-Washington State Patrol


Part I: Estimates
 X      No Fiscal Impact

Estimated Cash Receipts to:

       NONE


Estimated Operating Expenditures from:
 NONE


Estimated Capital Budget Impact:

      NONE




     The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
     and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
        If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
        form Parts I-V.
        If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

        Capital budget impact, complete Part IV.

        Requires new rule making, complete Part V.


     Legislative Contact:     Clinton McCarthy                                                Phone: 360-786-7319              Date: 01/17/2025
     Agency Preparation:      Lindsey Ulrich                                                  Phone: 360-596-4072              Date: 01/17/2025
     Agency Approval:         Mario Buono                                                     Phone: (360) 596-4046            Date: 01/17/2025
  OFM Review:                 Maria Thomas                                                    Phone: (360) 229-4717            Date: 01/17/2025

Form FN (Rev 1/00) 197,404.00                                                                                                       Request # 25-019-1
FNS063 Individual State Agency Fiscal Note                               1                                                               Bill # 5328 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.

 The proposed legislation does not have a fiscal impact to the Washington State Patrol (WSP).

 The proposed legislation would establish a new chapter for the licensing and regulation of businesses providing earned wage
 access services.

 New section 4(2)(a)(i) requires applications for licenses to provide identifying information, including fingerprints for
 submission to WSP or any governmental agency or entity, authorized to receive this information for a state and national
 criminal history background check.
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.

 There is no cash receipt impact to WSP.

 The Department of Financial Institutions (DFI) stated they will be processing background checks through a nationwide
 system; therefore, there is no cash receipt impact to WSP.
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.


 There is no fiscal impact to WSP.

 DFI stated they will be processing background checks through a nationwide system; therefore, there is no fiscal impact to
 WSP.

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

Earned wage access services                                                                                                  225-Washington State Patrol
Form FN (Rev 1/00) 197,404.00                                                                                                      Request # 25-019-1
FNS063 Individual State Agency Fiscal Note                                2                                                              Bill # 5328 SB
       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.




Earned wage access services                                                                                               225-Washington State Patrol
Form FN (Rev 1/00) 197,404.00                                                                                                   Request # 25-019-1
FNS063 Individual State Agency Fiscal Note                               3                                                            Bill # 5328 SB
                              Individual State Agency Fiscal Note

Bill Number:        5328 SB                Title:     Earned wage access services                               Agency: 235-Department of Labor and
                                                                                                                        Industries

Part I: Estimates
 X      No Fiscal Impact

Estimated Cash Receipts to:

       NONE


Estimated Operating Expenditures from:
 NONE


Estimated Capital Budget Impact:

      NONE




     The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
     and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
        If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
        form Parts I-V.
        If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

        Capital budget impact, complete Part IV.

        Requires new rule making, complete Part V.


     Legislative Contact:     Clinton McCarthy                                                Phone: 360-786-7319              Date: 01/17/2025
     Agency Preparation:      Shana J Snellgrove                                              Phone: 000-000-0000              Date: 01/17/2025
     Agency Approval:         Trent Howard                                                    Phone: 360-902-6698              Date: 01/17/2025
  OFM Review:                 Courtney Kinney                                                 Phone: 360 584 5705              Date: 01/17/2025

Form FN (Rev 1/00) 197,412.00                                                                                                  Request # 026-GAPD-1
FNS063 Individual State Agency Fiscal Note                               1                                                              Bill # 5328 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.

 The proposed bill creates a new chapter establishing licensing requirements for businesses that provide advanced payment
 of earned wages to individuals.

 The proposed bill does not have fiscal impact for the Department of Labor and Industries. All licensing and regulatory
 requirements are under the Department of Financial Institutions. There is no enforcement, other regulatory requirements, or
 overlap to statutes that L&I oversees.
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.

 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.


 None.

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.


Earned wage access services                                                                                     235-Department of Labor and Industries
Form FN (Rev 1/00) 197,412.00                                                                                                Request # 026-GAPD-1
FNS063 Individual State Agency Fiscal Note                                2                                                            Bill # 5328 SB
       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.




Earned wage access services                                                                                    235-Department of Labor and Industries
Form FN (Rev 1/00) 197,412.00                                                                                               Request # 026-GAPD-1
FNS063 Individual State Agency Fiscal Note                               3                                                            Bill # 5328 SB
                                               Multiple Agency Ten-Year Analysis Summary
 Bill Number                                      Title
 5328 SB                                          Earned wage access services


This ten-year analysis is limited to the estimated cash receipts associated with the proposed tax or fee increases.

Estimated Cash Receipts

                                               Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year    2026-35
                                                  2026        2027        2028        2029        2030        2031        2032        2033        2034        2035        TOTAL
Administrative Office of the Courts                       0         0           0           0           0           0           0           0            0           0              0
Department of Financial Institutions                42,000     204,300     409,200     409,200     409,200     409,200     409,200     409,200     409,200      409,200    3,519,900
Washington State Patrol                                   0         0           0           0           0           0           0           0            0           0              0
Department of Labor and Industries                        0         0           0           0           0           0           0           0            0           0              0
                                       Total        42,000     204,300     409,200     409,200     409,200     409,200     409,200     409,200     409,200      409,200    3,519,900




 FNS067 Multiple Agency Ten-Year Analysis Summary                                      1
                                                                    Ten-Year Analysis
 Bill Number                             Title                                                                    Agency
 5328 SB                                 Earned wage access services                                              055 Administrative Office of the Courts

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
 X     No Cash Receipts                                 Partially Indeterminate Cash Receipts                               Indeterminate Cash Receipts

 Name of Tax or Fee                      Acct
                                         Code




 Agency Preparation: Devon Dieckman                   Phone:    3607044020                Date: 1/30/2025 10:10:26 am
     Agency Approval: Chris Stanley                   Phone:    360-357-2406              Date: 1/30/2025 10:10:26 am
        OFM Review:                                   Phone:                              Date:

 FNS066 Ten-Year Analysis                                                             1
                                                                             Ten-Year Analysis
 Bill Number                               Title                                                                             Agency
 5328 SB                                   Earned wage access services                                                       102 Department of Financial Institutions

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
      No Cash Receipts                                     Partially Indeterminate Cash Receipts                                          Indeterminate Cash Receipts

Estimated Cash Receipts

 Name of Tax or Fee                        Acct Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year        2026-35
                                           Code    2026        2027        2028        2029        2030        2031        2032        2033        2034        2035            TOTAL
 Earned Wage Access Assessment Fee          300                  186,900     373,800     373,800     373,800     373,800     373,800     373,800     373,800     373,800         3,177,300
 Earned Wage Access Examination Fee         300                   14,400      32,400      32,400      32,400      32,400      32,400      32,400      32,400      32,400           273,600
 Earned Wage Access Licensing Fee           300       42,000       3,000       3,000       3,000       3,000       3,000       3,000       3,000       3,000       3,000            69,000

                                   Total              42,000       204,300    409,200       409,200   409,200      409,200      409,200       409,200   409,200      409,200     3,519,900

                        Biennial Totals                  246,300                  818,400                818,400                    818,400                818,400              3,519,900


Narrative Explanation (Required for Indeterminate Cash Receipts)
 This bill creates a new chapter titled the Earned Wage Access Services Act, which creates and establishes a new program in the Department of Financial Institutions (DFI)
 to regulate earned wage access products and services. Earned wage access (EWA) products allow employees to receive advance proceeds based on a consumer’s earned
 but unpaid income. The bill states that any person offering EWA services must be licensed beginning July 1, 2026. Sections 3-5 set forth the general licensing application
 requirements and process. Section 9 states business practices that licensees must comply with including certain disclosure requirements. Section 7 adds a fee limit of up
 to $7 for any fee for delivery or expedited delivery of an EWA services transaction. Licensees are also subject to DFI’s examination and enforcement authority; which are
 similar to the requirements set forth in the Consumer Loan Act, chapter 31.04 RCW.

 DFI estimates that approximately 28 companies will be subject to licensing under the proposed legislation. The fees anticipated in the bill will be set by rule and DFI will set
 appropriate fee structures to cover costs.

 DFI expects to set the initial licensing fee for Earned Wage Access service providers at $1,500. The agency expects to collect about $42,000 ($1,500 x 28) in initial licensing
 fees during FY26 from the estimated 28 companies. DFI expects additional companies to start conducting EWA activities and requiring licensure, resulting in collection of
 about $3,000 ($1,500 x 2) in FY27 and ongoing.


 FNS066 Ten-Year Analysis                                                                     1
                                                                       Ten-Year Analysis
 Bill Number                              Title                                                                   Agency
 5328 SB                                  Earned wage access services                                             102 Department of Financial Institutions

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Narrative Explanation (Required for Indeterminate Cash Receipts)

 Licensees under the proposed legislation will pay an annual assessment fee based on their volume of business the previous year. The first annual assessment fees will be
 due in FY27 for business conducted in calendar year 2026. DFI estimates the following revenue under the assumption that licensees will handle an average of $22,250,000 a
 year in funds. In a report published July 18, 2024, the Consumer Financial Protection Bureau estimates that the number of earned wage access transactions grew by over
 90% from 2021 to 2022, with more than 7 million workers accessing approximately $22 billion in 2022. DFI expects to collect $186,900 during FY27 (assessment would
 cover activity from July-December 2026) and $373,800 during FY28 and ongoing.

 In addition, each licensee under the proposed legislation is subject to examination. Examinations are billed hourly and billable exam costs are expected to be $14,400 in
 FY27 and $32,400 in FY28 and beyond.

 For purposes of this fiscal note, investigative fees are not included as they are indeterminate.




 Agency Preparation: Cale Zimmerman                     Phone:    (360) 902-0507             Date: 1/21/2025 3:35:19 pm
   Agency Approval: Emily Fitzgerald                    Phone:    (360) 902-8780             Date: 1/21/2025 3:35:19 pm
       OFM Review:                                      Phone:                               Date:

 FNS066 Ten-Year Analysis                                                                2
                                                                    Ten-Year Analysis
 Bill Number                             Title                                                                    Agency
 5328 SB                                 Earned wage access services                                              225 Washington State Patrol

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
 X     No Cash Receipts                                 Partially Indeterminate Cash Receipts                               Indeterminate Cash Receipts

 Name of Tax or Fee                      Acct
                                         Code




 Agency Preparation: Lindsey Ulrich                   Phone:    360-596-4072              Date: 1/17/2025 12:05:40 pm
     Agency Approval: Mario Buono                     Phone:    (360) 596-4046            Date: 1/17/2025 12:05:40 pm
        OFM Review:                                   Phone:                              Date:

 FNS066 Ten-Year Analysis                                                             1
                                                                    Ten-Year Analysis
 Bill Number                             Title                                                                    Agency
 5328 SB                                 Earned wage access services                                              235 Department of Labor and Industries

This ten-year analysis is limited to agency estimated cash receipts associated with the proposed tax or fee increases. The Office of Financial Management
ten-year projection can be found at http://www.ofm.wa.gov/tax/default.asp .

Estimates
 X     No Cash Receipts                                 Partially Indeterminate Cash Receipts                               Indeterminate Cash Receipts

 Name of Tax or Fee                      Acct
                                         Code




 Agency Preparation: Shana J Snellgrove               Phone:    000-000-0000              Date: 1/17/2025 12:42:16 pm
     Agency Approval: Trent Howard                    Phone:    360-902-6698              Date: 1/17/2025 12:42:16 pm
        OFM Review:                                   Phone:                              Date:

 FNS066 Ten-Year Analysis                                                             1


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