Page 1 June 5, 2024 HB 24-1310 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0179 Rep. Parenti; Hamrick Date: Bill Status: Fiscal Analyst: June 5, 2024 Postponed Indefinitely Clayton Mayfield | 303-866-5851 clayton.mayfield@coleg.gov Bill Topic: SCHOOL SAFETY MEASURES Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill would have modified requirements for school security officers, and when and how firearms may be stored on school grounds. The bill would have increased state and local workload in FY 2024-25 only. It may have increased state revenue and expenditures in future fiscal years. Appropriation Summary: No appropriation was required. Fiscal Note Status: The final fiscal note reflects the introduced bill. This bill was postponed indefinitely by the House Education Committee on April 11, 2024; therefore, the impacts identified in this analysis do not take effect. Summary of Legislation The bill outlines who qualifies as a school security officer, establishes requirements for persons who are employed or contracted as school security officers, and modifies the conditions to carry a weapon on school properties, as described below. School security officers. Security officers are individuals employed or retained by local education providers whose primary duties involve security of persons and school grounds, and excludes other school staff and resource officers. Security officers can only be employed if certain training, education, and background check requirements are met, and if the school has a policy regarding security officer duties. Carrying firearms on school property. Additionally, the bill: exempts security and resource officers from the crime of unlawfully carrying a weapon on school grounds instead of any employee carrying a weapon as part of their duties; allows school security officers to conceal carry on school property if they complete the requirements listed above; and specifies where firearms must be stored on school grounds. Page 2 June 5, 2024 HB 24-1310 Finally, the bill prohibits the State Board of Education from waiving any of these requirements. 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. This bill creates a new factual basis for the existing offense of unlawfully carrying a firearm on school grounds, a class 5 felony, by restricting exceptions to this offense for school personnel. From FY 2020-21 to FY 2022-23, 23 persons were convicted and sentenced for this offense. Of the persons convicted, 23 were male, and 2 were female. Demographically, 17 were White, 5 were Black/African American, and 3 were Hispanic. Assumptions. The fiscal note assumes that individuals convicted for this offense were not school personnel covered by current exceptions, that school personnel will follow the law, and that there will be minimal or no additional 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 expenditures or revenue 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 Revenue and Expenditures Department of Education. The bill may increase workload in the Colorado Department of Education (CDE) to promulgate rules and to respond to requests for assistance from school districts regarding the requirements of the bill. This increase is expected to be minimal and no change in appropriations is required. Department of Law. The Department of Law (DOL) may be required to provide legal services to the CDE to assist with rule promulgation, but this activity can be absorbed within existing resources. Additionally, to the extent that more individuals attend school resource officer training offered by the Peace Officer Standards and Training (POST) Board, fee revenue to and expenditures from the POST Cash Fund will increase. Overall, the fiscal note assumes these increases to be minimal and no change in appropriations is required. School District It is unknown how many school districts or charter schools currently employee school security officers rather than school resource officers, or how many security officers carry a firearm as part of their duties. To the extent that these school employee security officers, the bill increases workload to ensure the requirements of the bill are met. Page 3 June 5, 2024 HB 24-1310 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 Education Higher Education Judicial Law Natural Resources 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.