COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0934H.01I Bill No.:HB 668 Subject:Employees - Employers; Economic Development; Department of Economic Development; Labor and Management; Business and Commerce Type:Original Date:February 3, 2023Bill Summary:This proposal creates a grant program for employers to enhance cybersecurity. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue Fund* Up to ($10,109,706)Up to ($10,120,937)Up to ($10,123,059)Total Estimated Net Effect on General Revenue Up to ($10,109,706)Up to ($10,120,937)Up to ($10,123,059) *Oversight notes this program is subject to appropriation and has a $10 million cap annually. DED has estimated the need for one (1) additional FTE (Senior Economic Development Specialist at $74, 664 annually) to administer the program. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Colleges & Universities $0 to Unknown$0 to Unknown$0 to UnknownTotal Estimated Net Effect on Other State Funds $0 to Unknown$0 to Unknown$0 to Unknown Numbers within parentheses: () indicate costs or losses. L.R. No. 0934H.01I Bill No. HB 668 Page 2 of February 3, 2023 BB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026General Revenue Fund 1 FTE1 FTE1 FTETotal Estimated Net Effect on FTE 1 FTE1 FTE1 FTE ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Local Government$0 to Unknown$0 to Unknown$0 to Unknown L.R. No. 0934H.01I Bill No. HB 668 Page 3 of February 3, 2023 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Department of Economic Development (DED) assume section 620.2550 creates a one-time grant to any employer for the purpose of enhancing cybersecurity. No employer shall receive more than one cybersecurity grant. Grants shall not exceed 90% of the total cost of the cybersecurity enhancement. DED must reserve 50% of funding for qualifying employers with 1-50 employees, until January 1st of each year, when remaining reserved funding not issued or awarded becomes available to employers with greater than 50 employees. Subject to appropriation, no more than $10M shall be distributed in any fiscal year. Subject to appropriation, no more than $10M shall be distributed in any fiscal year. Applications must start being accepted by 3/1/2024. Bill does not include a sunset date. DED will need to hire 1.0 FTE to administer the act and carryout compliance with the act. Oversight notes the Delloite Company published article Reshaping the cybersecurity landscape and provided data showing that companies in U.S. spent about 10.9% of their IT budget on cybersecurity on average, up from 10.1% a year earlier. The survey was conducted in 2020. This equaled about 0.48% of company revenue on average, again up from 0.34%. In terms of spending per employee, respondents spent about $2,700 on average per full-time employee (FTE) on cybersecurity, increasing from about $2,300 last year. Oversight notes that DED publishes a report on number of establishments in Missouri (employers) varying by size as follows: Number of Employees Number of Establishment (Employers) 1 to 4138,5175 to 928,20910 to 1920,6741 to 49 Total 20 to 4914,079201,47950 to 994,364100 to 2492,188250 to 499646500 to 999185Above 50 Total 1000+1077,490 Source: MO MERIC L.R. No. 0934H.01I Bill No. HB 668 Page 4 of February 3, 2023 BB:LR:OD Oversight will note the DED’s FTE (Senior Economic Development Specialist at $74, 664 annually) in the fiscal note beginning FY 2024. Officials from the Department of Revenue (DOR) assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Officials from the City of Springfield and the City of Kansas City both assume the proposal will have no fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for the respective entities. Oversight will note a range of impact from $0 (various local political subdivisions do not qualify) to positive Unknown (local political subdivisions were approved for grant) for local political subdivisions in the fiscal note. Officials from the University of Central MissouriUCM) assume the proposal would have a fiscal impact will take place if the grant is leveraged simply because the grant will only cover up to 90% of the cost for whatever cybersecurity initiative is pursued. Indirect costs will be incurred to implement the selected and approved initiative. The expectations would be that the benefits of the initiative more than justify the direct and indirect costs incurred. Dollar amount contingent on the initiative selected and approved. If the grant is not pursued, then expenditure of funds is not a concern; however, the cybersecurity initiative will not be pursued, or if pursued at a later time then the total cost will come from UCM. Oversight notes UCM assumes the proposal could have an impact on their organization. The proposal specifically states that the prospective grantee would have to match the overall cost with 10% of their own money. However, the final approval, and with submission of an application for the grant still lies with the DED. Therefore, Oversight will note a range of impact from $0 (various colleges and universities do not qualify) to positive Unknown (colleges and universities were approved for grant) to Other State Funds in the fiscal note. L.R. No. 0934H.01I Bill No. HB 668 Page 5 of February 3, 2023 BB:LR:OD FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUE FUNDCost – DED Section 620.2550 (p.3) Salary ($62,220)($76,157)($77,680) Fringe Benefits($33,187)($40,326)($40,835) Equipment & Expense($14,299)($4,454)($4,543)Total Cost - DED($109,706)($120,937)($123,059) FTE Change 1 FTE1 FTE1 FTECost – Cybersecurity Grant not exceeding shown amount -Section 620.2550 (p.3) Up to ($10,000,000) Up to $10,000,000 Up to $10,000,000 ESTIMATED NET EFFECT ON GENERAL REVENUE FUND Up to ($10,109,706) Up to ($10,120,937) Up to ($10,123,059) Estimated Net FTE Change on General Revenue1 FTE1 FTE1 FTE COLLEGES AND UNIVERSITIESGain in Revenue – potential award recipient of Cybersecurity Grant (p. 4) $0 to Unknown $0 to Unknown $0 to Unknown NET EFFECT ON COLLEGES AND UNIVERSITIES $0 to Unknown $0 to Unknown $0 to Unknown L.R. No. 0934H.01I Bill No. HB 668 Page 6 of February 3, 2023 BB:LR:OD FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026LOCAL POLITICAL SUBDIVISIONS Gain in Revenue – potential award recipient of Cybersecurity Grant (p.4) $0 to Unknown $0 to Unknown $0 to Unknown NET EFFECT ON THE LOCAL POLITICAL SUBDIVISIONS $0 to Unknown $0 to Unknown $0 to Unknown FISCAL IMPACT – Small Business Certain companies will be able to obtain Cybersecurity Grant money to enhance their cybersecurity measures and must match at least ten percent (10%) of the grant. FISCAL DESCRIPTION This bill allows the Department of Economic Development to distribute one-time grants to employers for the purpose of enhancing cybersecurity, as defined in the bill. Grants made require a 10% match from the employer. In distributing grants, the Department shall reserve 50% of grant funding for qualifying employers with no more than 50 employees until January 1, after which any amount of such reserved amounts may be issued to any otherwise eligible employer. The bill limits the amount that may be distributed in any fiscal year to $10 million and the limit to any individual employer to $15,000. The Department shall create an online application form as part of its website which is to be the sole means of applying for grants. Employers seeking a grant must fill out the application along with documents outlining how it will enhance cybersecurity, including plans for how it will cover the remaining 10% cost for its cybersecurity enhancement. The bill limits the factors that the Department may consider in assessing an employer's funding plans. An employer who receives a grant shall submit documentation within one year from distribution showing how the grant funds were spent. In the case of employers with employees and locations outside of Missouri, grant funds shall be used only for locations and employees residing in Missouri. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 0934H.01I Bill No. HB 668 Page 7 of February 3, 2023 BB:LR:OD SOURCES OF INFORMATION Department of Economic Development Department of Revenue Office of Administration – Budget & Planning City of Springfield City of Kansas City University of Central Missouri Julie MorffRoss StropeDirectorAssistant DirectorFebruary 3, 2023February 3, 2023