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February 28, 2022 HB 22-1240
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0201
Rep. Froelich; Young
Sen. Fields; Simpson
Date:
Bill Status:
Fiscal Analyst:
February 28, 2022
House Judiciary
Will Clark | 303-866-4720
Will.Clark@state.co.us
Bill Topic: MANDATORY REPORTERS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill creates a mandatory reporter task force and makes changes to mandatory
reporter requirements and procedures. Starting in FY 2022-23, the bill increases state
and local expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $113,525 to multiple agencies.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 22-1240
Budget Year
FY 2022-23
Out Year
FY 2023-24
Out Year
FY 2024-25
Revenue - - -
Expenditures General Fund $107,488 $97,500 $65,000
Federal Funds $6,037 - -
Total Expenditures $113,525 $97,500 $65,000
Transfers - - -
Other Budget Impacts General Fund Reserve $16,123 $14,625 $9,750
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February 28, 2022 HB 22-1240
Summary of Legislation
The bill clarifies and adds new requirements to policies and procedures for mandatory reporters,
creates the Mandatory Reporter Task Force, and requires employers to provide information about
reporting requirements and related training to employees who are mandatory reporters.
Modifications to mandatory reporting requirements. The bill makes several changes to mandatory
reporting requirements, including:
clarifying that the requirement for immediate reporting means mandatory reporters must report
applicable abuse and neglect within 24 hours after receiving relevant information;
allowing mandatory reporters to ask clarifying questions before making a report;
providing mandatory reporters with confidentiality protections;
requiring mandatory reporters to report unlawful sexual behavior, and expanding upon
mandatory reporters’ duty to report; and
reducing the state of mind that must be proven from “willfully” to “knowingly” with respect to
violations of the mandatory reporting statute.
The bill also gives mandatory reporters up to 72 hours to report if they are creating a safety plan with
a victim of domestic violence, sexual assault or stalking, and clarifies that reporting requirements do
not apply to employees, agents or contractors of an attorney providing legal representation when the
basis of the suspicion for reporting is solely in the course of the legal representation.
Mandatory Reporter Task Force. The bill creates the Mandatory Reporter Task Force in the Office of
the Child Protection Ombudsman (CPO) to analyze best practices and recommend changes to training
requirements and reporting procedures, specifically with regard to the impacts of mandatory
reporting on families of color and under-resourced communities. The task force is made up of
27 members from state agencies, local government, and statewide organizations representing
different community groups. The CPO must make appointments to the task force from a diverse
range of member backgrounds and geographic locations. To fulfill its duties, the task force must use
national best practices and consult with appropriate stakeholders to analyze and make
recommendations in a number of areas specified in the bill, including the parameters and funding for
a study of mandatory reporting effectiveness; training for mandatory reporters; and reporting
requirements and processes, among other things.
The task force must convene by January 1, 2023, and meet at least monthly until it submits a final
report to the General Assembly and the Governor. The task force must submit an initial status report
with findings and recommendations by January 1, 2024, and submit its final report by January 1, 2025.
Information and training for mandatory reporters. Employers that are subject to mandatory
reporting requirements must provide their employees with information explaining these
requirements, and inform employees about free mandatory reporter training provided by the
Department of Public Safety. The employer is responsible for all costs associated with printing and
distributing materials to its employees.
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February 28, 2022 HB 22-1240
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. This section outlines data on crimes comparable to the offense in this bill and
discusses assumptions on future rates of criminal conviction for those offense.
Prior conviction data and assumptions. This bill creates a new factual basis for the existing offense
of violating mandatory reporting requirements, a class 2 misdemeanor, by reducing the state of mind
required to prove a violation from “willfully” to “knowingly” failing to report. It also expands the
mandatory reporting requirement to unlawful sexual behavior. From FY 2018-19 to FY 2020-21,
two offenders have been sentenced and convicted for this offense, of which, one was male and one
was female. Demographically, one was White and one was Hispanic. Though convictions could
increase because of the lower burden required to prove a violation and the expanded type of behaviors
that must be reported, the fiscal note assumes that most mandatory reporters will comply with the
law and there will continue to be minimal or no additional criminal case filings or convictions for this
offense under the bill. Because the bill is not expected to have a tangible impact on criminal justice-
related revenue or expenditures at the state or local levels, these potential impacts are not discussed
further in this fiscal note.
Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes.
State Expenditures
The bill increases state expenditures in the CPO by $89,375 in FY 2022-23, by $97,500 in FY 2023-24
and by $65,000 in FY 2024-25, paid from the General Fund. Costs in the Department of Human
Services will increase by $24,150 in FY 2022-23 only, paid from the General Fund and federal funds.
The bill also minimally increases expenditures in multiple agencies on an ongoing basis. Expenditures
are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 22-1240
Cost Components FY 2022-23 FY 2023-24 FY 2024-25
Office of the Child Protection Ombudsman
Task Force Facilitation $89,375 $97,500 $65,000
CPO Subtotal $89,375 $97,500 $65,000
Department of Human Services
Training Curriculum Updates $24,150 - -
DHS Subtotal $24,150 - -
Total $89,375 $97,500 $65,000
General Fund
Federal Funds
$107,488
$6,037
$97,500
-
$65,000
-
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February 28, 2022 HB 22-1240
Office of the Child Protection Ombudsman. The bill increases expenditures in the CPO through
FY 2024-25 to create, facilitate and serve as chair of the Mandatory Reporter Task Force, which is
tasked with analyzing systemic issues and best practices for mandatory reporting, as well as
recommending changes to training requirements and reporting procedures. The CPO must make
appointments to the task force by December 1, 2022, provide an initial status report with findings and
recommendations to the General Assembly and the Governor by January 1, 2024, and submit its final
report by January 1, 2025.
The fiscal note assumes the CPO will hire a contractor at $97,500 per year to help facilitate the task
force. The contractor will be responsible for coordinating and facilitating task force meetings; assisting
with communications; developing and distributing materials in advance of meetings; preparing
agendas and other administrative services; securing experts and stakeholders; developing and
facilitating work groups; assisting with production and publication of reports; and helping with
implementation of the task force’s final recommendations. Costs in FY 2022-23 are prorated for an
August 1
st
start date and costs in FY 2024-25 are prorated for a February 28
th
end date.
Department of Human Services. In FY 2022-23 only, expenditures in the department will increase to
update its mandatory reporter training curriculum, which is provided to county departments of
human and social services, service providers, first responders and Division of Child Welfare staff. The
fiscal note assumes that these costs are eligible for a 25 percent federal match.
All state agencies engaged with mandatory reporters. State agencies that employ mandatory
reporters may have additional costs to print and distribute materials explaining state mandatory
reporting requirements and the availability of free mandatory reporter training. These costs will vary
by agency, and depend on the number of employees who are mandatory reporters, as well as the
extent to which agencies are currently providing these materials. Costs will also increase for some
agencies to conduct outreach and education about the new mandatory reporting requirements. These
costs have not been estimated, but the fiscal note assumes they are absorbable within existing
appropriations.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by the
amounts shown in Table 1 above, which will decrease the amount of General Fund available for other
purposes.
Local Government and School Districts
In FY 2022-23, workload will increase for local governments and school districts to update their
policies, procedures and training materials to reflect changes in mandatory reporter requirements.
Costs will also increase on an ongoing basis in some local governments and school districts to print
and distribute materials explaining state mandatory reporting requirements and the availability of
free mandatory reporter training. These costs will vary by local government and school district, and
depend on the number of employees who are mandatory reporters and to what extent these materials
are currently being provided. Page 5
February 28, 2022 HB 22-1240
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State Appropriations
For FY 2022-23, the bill requires total appropriations of $113,525 including:
$89,375 General Fund to the Office of the Child Protection Ombudsman; and
$24,150 to the Department of Human Services, of which $18,113 is General Fund and $6,037 is
federal funds.
State and Local Government Contacts
Counties District Attorneys Education
Health Care Policy and Financing Higher Education Human Services
Information Technology Judicial Law
Local Affairs Municipalities Personnel
Public Health and Environment Public Safety Regulatory Agencies
School Districts Sheriffs
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.