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July 6, 2023 HB 23-1098
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0589
Rep. Frizell; Bradley
Sen. Pelton B.
Date:
Bill Status:
Fiscal Analyst:
July 6, 2023
Postponed Indefinitely
Josh Abram | 303-866-3561
josh.abram@coleg.gov
Bill Topic: WOMEN'S RIGHTS IN ATHLETICS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☒ School Districts
The bill required that any school sport in K12 or higher education be designated as
either male, female, or coeducational. Students may only participate in a designated
sport matching the biological sex at birth of the participating student. The bill would
have increased state revenue and expenditures beginning in FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
This fiscal note reflects the introduced bill. The bill was postponed indefinitely by the
House State, Civic, Military, & Veterans Affairs Committee on February 13, 2023,
therefore, the impacts identified in this analysis do not take effect..
Summary of Legislation
The bill requires that any interscholastic, intramural, or club athletic team, sport, or athletic event
sponsored by a public school or district, an activities association, or a state supported institution of
higher education be designated as:
females, women, or girls;
males, men, or boys; or
coeducational or mixed.
Students may only participate in a designated extracurricular sport team matching the student’s
biological sex at birth. No governmental entity may file a complaint or take adverse action against a
public school, an activities association, an institution of higher education, or their employees, for
compliance with the bill’s requirements. The bill also waives immunity for public entities for an action
brought under the bill.
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July 6, 2023 HB 23-1098
A student, a public school or district, an activities association, or an institution of higher education
that suffers direct or indirect harm as a result of any violation of the bill has a private cause of action
for judicial relief against the entity or individual causing the harm. A student who suffers retaliatory
or other adverse actions from an accused public institution has the same private cause of action.
If a lawsuit is brought or a complaint filed against a public school or district, a state institution of
higher education, or its employees, as a result of compliance with these requirements, the Department
of Law must provide legal representation. In addition to the expenses of representation, the state
must assume financial responsibility for any other expense related to the lawsuit or complaint,
including attorney fees.
State Revenue
The bill may increase court filing fees to the trial courts in the Judicial Branch if additional civil cases
are filed under the new cause of action created by the bill. Court filing fees are deposited to a variety
of cash funds and are subject to TABOR. Any increase in revenue is assumed to be minimal.
State Expenditures
The bill may increase state costs in several areas, including providing representation to persons or
organization who comply with the bill, increased workload in the courts from a new cause of action,
waiving governmental immunity in cases of noncompliance with the bill, and other legal services
costs. These impacts are described below.
Representation by the Department of Law. The bill increases state expenditures in the Department
of Law by an indeterminate amount beginning FY 2023-24. The Department of Law must provide
legal representation at no charge to any institution of higher education, public school, school district,
or their employees or members who are subject to a lawsuit or complaint for compliance with this bill.
Given that the number and timing of future lawsuits is unknown, and the fact that some entities and
individuals may choose alternate representation, it is assumed that any costs to the Department of
Law will be addressed through the annual budget process based on actual representation provided.
Costs for representation will be paid from the General Fund.
Judicial Department. A cause of action is created for students or schools that suffer harm if there is
noncompliance with the bill’s requirements. This new cause of action increases workload for the trial
courts in the Judicial Department to handle additional civil cases. The fiscal note assumes any increase
in trial court caseload will be minimal and no change in appropriations is required.
Waiver of governmental immunity. The bill waives governmental immunity in cases where there is
noncompliance with the provisions of the bill. If a state institution of higher education is found liable
for noncompliance, this could increase the potential liability beyond what is allowed under current
law.
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July 6, 2023 HB 23-1098
Other legal service costs. The bill potentially increases legal service costs to the Department of Higher
Education and state institutions of higher education to address how the bill interacts with federal
requirements under Title IX of the Higher Education Act of 1972. Title IX protects people from
discrimination based on sex in education programs or activities that receive federal financial
assistance. The total cost of legal services provided to DHE and institutions cannot be estimated, as it
will depend on future inquiries and legal actions. Any costs will be addressed, as necessary, through
the annual budget process.
School District
The bill increases workload for school districts to adopt policies and procedures to ensure compliance
with the bill’s requirements, and to inform student athletes, parents, and the district community of
new rules and procedures for participation in sports activities. School districts may have other legal
costs associated with challenges to their policies. Schools may opt to have the Department of Law
represent them in lawsuits based on their compliance with the law, which will allow them to avoid
potential costs in these instances. Schools or school districts who are found noncompliant may have
additional liability above current limits from the bill’s waiver of governmental immunity in these
cases.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Higher Education Judicial Law
School Districts
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.