Colorado 2024 2024 Regular Session

Colorado House Bill HB1039 Introduced / Fiscal Note

Filed 01/10/2024

                    Page 1 
January 10, 2024  HB 24-1039 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 24-0228  
Rep. Vigil 
Sen. Winter; Marchman 
 
Date: 
Bill Status: 
Fiscal Analyst: 
January 10, 2024 
House Education  
John Armstrong | 303-866-6289 
john.armstrong@coleg.gov  
Bill Topic: NON-LEGAL NAME CHANGES  
Summary of  
Fiscal Impact: 
☐ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☐ TABOR Refund 
☒ School District 
☐ Statutory Public Entity 
 
The bill deems a school’s refusal to use a student’s preferred name as a form of 
discrimination and establishes a task force in the Colorado Department of Education 
to provide guidance for school districts. The bill increases state expenditures for 
FY 2024-25 only.  
Appropriation 
Summary: 
For FY 2024-25, the bill requires an appropriation of $134,418 to the Department of 
Education. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill, which was recommended by the Colorado 
Youth Advisory Council Review Committee. 
 
 
Table 1 
State Fiscal Impacts Under HB 24-1039 
 
  
Budget Year 
FY 2024-25 
Out Year 
FY 2025-26 
Revenue  	-     	-     
Expenditures 	General Fund 	$134,418    	-     
 
Centrally Appropriated 	$17,169     	-     
 
Total Expenditures 	$151,587     	-     
 	Total FTE 	0.7 FTE  	-  
Transfers  	-  	-  
Other Budget Impacts General Fund Reserve 	$20,163 	- 
  Page 2 
January 10, 2024  HB 24-1039 
 
Summary of Legislation 
The bill requires public schools to address a student by their preferred name in school and in 
school-related publications, without requiring that the student obtain a court-ordered name or 
gender change. Failure to address a student by their preferred name is discriminatory.  
 
The bill also establishes the Non-Legal Name Changes in Schools Task Force in the Colorado 
Department of Education (CDE). The task force must examine existing school policies regarding 
non-legal name changes and provide policy implementation recommendations for school 
districts. The nine-member task force must meet three times between July and December of 
2024. By January 1, 2025, the task force must submit a report to the CDE that details 
recommended guidelines, and the department must publish the report and submit it to school 
districts. Schools must implement policy recommendations from the task force no later than 
July 1, 2025. The bill is repealed on July 1, 2026. 
State Expenditures 
The bill increases state expenditures in the CDE by $151,587 and 0.7 FTE in FY 2024-25 only, paid 
from the General Fund. New expenditures are displayed in Table 2 and discussed below. 
 
Table 2 
Expenditures Under HB 24-1039 
 
 	FY 2024-25 FY 2025-26 
Colorado Department of Education   
Personal Services 	$101,497      	-       
Operating Expenses 	$896       -       
Contract Facilitator for Task Force 	$30,000 	-       
Task Force Travel Expenses & Per-Diem 	$2,025 	-       
Centrally Appropriated Costs
1
 	$17,169      	-       
Total Cost $151,587 	- 
Total FTE 0.7 FTE 	- 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
 
Tax force facilitator and expenses. The CDE will hire a contract task-force facilitator for each of 
the meetings. Based on expenses for similar task forces in the department, the facilitator is 
estimated to cost $30,000. Additionally, the nine members of the task force will require per-diem 
and travel expenses averaging $75 per meeting per member.  
  Page 3 
January 10, 2024  HB 24-1039 
 
Staff. The CDE will require a total of 0.7 FTE across several work units to contract and coordinate 
the facilitator and task force members, conduct administrative and accounting tasks, attend task 
force meetings, and provide subject matter expertise.  
 
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs 
associated with this bill are addressed through the annual budget process and centrally 
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These 
costs, which include employee insurance and supplemental employee retirement payments, are 
shown in Table 2. 
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. 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, decreasing the amount of General Fund available for other purposes. 
School District  
The bill will increase workload and expenditures for public schools to implement the policy 
changes and recommendations of the task force.  While the bill does not specify remedies for 
the discriminatory action of referring to a student not by their preferred name, legal costs for 
school districts may increase if this provision results in lawsuits or other legal actions. It is 
assumed that school districts will abide by the bill and use students preferred names. 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his 
signature. 
State Appropriations 
For FY 2024-25, the bill requires a General Fund appropriation of $134,418 to the Colorado 
Department of Education, and 0.7 FTE. 
State and Local Government Contacts 
Education  
 
 
 
 
 
 
 
 
 
 
 
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.