Page 1 February 13, 2024 HB 24-1080 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0712 Rep. Parenti Date: Bill Status: Fiscal Analyst: February 13, 2024 House Health & Human Services Shukria Maktabi | 303-866-4720 shukria.maktabi@coleg.gov Bill Topic: YOUTH SPORTS PERSONNEL RE QUIREMENTS Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill adds new requirements for employees and volunteers at youth sports organizations. It minimally increases state workload, and may increase state revenue and local expenditures, beginning in FY 2024-25. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the introduced bill. Summary of Legislation The bill requires that youth sports organizations conduct criminal history record checks using a private entity for employees or volunteers that attend overnight trips with the organization. The criminal history record check is to be completed every three years and the organization must not hire employees or approve volunteers that have had any offenses against children. The bill creates a cause of action for failing to conduct background checks. Excluded from record check requirements are volunteers who only occasionally assist with the team or that have an immediate family member participating in the youth sports organization. The bill also clarifies that any contracted athletic program personnel are mandatory reporters for child abuse and neglect; and that youth sports organizations, excluding K-12 schools or higher institutions, must require that paid coaches have current CPR and first aid education certifications. Page 2 February 13, 2024 HB 24-1080 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. The following section outlines crimes that are comparable to the offense in this bill and discusses assumptions on future rates of criminal convictions resulting from the bill. Prior conviction data and assumptions. This bill adds contracted program personnel of youth sport organizations to the list of mandatory reporters of child abuse and neglect. Failure to report child abuse is a class 2 misdemeanor. From FY 2020-21 to FY 2022-23, 4 individuals have been convicted and sentenced for this offense. Of the persons convicted, 2 was male and 2 were female. Demographically, 2 were White, 1 was Hispanic, and 1 was Asian. Based on the low number of prior cases, the fiscal note assumes that there will be minimal or no additional case filings or convictions for the new offense under the bill. Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes. State Revenue Beginning in FY 2024-25, revenue may increase from civil case filings against youth sport organizations that fail to complete criminal history background checks on personnel as required. The fiscal note assumes organizations will generally comply and any revenue generated will be minimal. State Expenditures The bill increases workload for the Judicial Department and the Department of Human Services, as described below. Judicial Department. To the extent that a civil action is brought against youth sport organizations for failure to complete required background checks, workload in the trial courts will increase. The fiscal note assumes any increases will be minimal and no change in appropriations is required. Department of Human Services. Workload will increase to update training material and other information about mandatory reporters. This workload is minimal and no change in appropriations is required. Local Government Adding a new type of mandatory reporter may result in additional reports of child abuse to county departments of human services and minimally increase workload. Additionally, the bill may increase workload and costs for local recreation programs to ensure coaches meet training and background check requirements. Page 3 February 13, 2024 HB 24-1080 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 Counties Human Services Judicial Law Local Affairs Public Health and Environment Public Safety 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 the General Assembly website.