Colorado 2024 2024 Regular Session

Colorado Senate Bill SB015 Introduced / Fiscal Note

Filed 01/24/2024

                    Page 1 
January 24, 2024  SB 24-015 
 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 24-0004  
Sen. Kolker 
Rep. Young  
Date: 
Bill Status: 
Fiscal Analyst: 
January 24, 2024 
Senate Health & Human Services  
Brendan Fung | 303-866-4781 
brendan.fung@coleg.gov  
Bill Topic: LICENSED PROFESSIONAL COUNSELORS IN COMMUNITIES  
Summary of  
Fiscal Impact: 
☒ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☒ TABOR Refund 
☐ Local Government 
☐ Statutory Public Entity 
 
The bill creates a reimbursement program for school counselors pursuing a 
professional counselor license and for licensees who provide clinical supervision. It 
increases state expenditures and state revenue starting in FY 2024-25. 
Appropriation 
Summary: 
For FY 2024-25, the bill requires an appropriation of $1,739,988 to the Department of 
Regulatory Agencies. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
Table 1 
State Fiscal Impacts Under SB 24-015 
  
Budget Year 
FY 2024-25 
Out Year 
FY 2025-26 
Revenue 	Cash Funds 	$34,304     $68,608     
 	Total Revenue 	$34,304 $68,608 
Expenditures 	General Fund 	$1,739,988     $3,261,704 
 
Centrally Appropriated 	$30,817     $3,424 
 
Total Expenditures 	$1,770,805     $3,265,128 
 	Total FTE 	1.8 FTE  0.2 FTE 
Transfers  	-  	-  
Other Budget Impacts TABOR Refund 	$34,304 $68,608 
 	General Fund Reserve 	$260,998 $489,256 
   Page 2 
January 24, 2024  SB 24-015 
 
 
Summary of Legislation 
The bill creates the Dual Licensure Stipend Program in the Division of Professions and 
Occupations in the Department of Regulatory Agencies (DORA) for school counselors who 
participate in the dual licensure program to become licensed professional counselors (LPCs). The 
bill authorizes the reimbursement of exam and application costs for dual licensure candidates 
and supervisory costs for LPC supervisors who fulfill a candidate’s clinical supervision hours. 
The program must be contracted and administered through a Colorado nonprofit organization, 
with that organization responsible for establishing the application process, setting supervisory 
rates, dispersing stipends, and determining the repayment process for violation of the contract. 
Program requirements. The bill establishes requirements for dual licensure candidates to be 
eligible for the program, including licensure by a special services provider and a completed 
master’s or doctoral degree in professional counseling from an accredited program. 
Participating dual licensure candidates must remain employed by a public school for at least five 
years after licensure or repay the nonprofit organization for the supervision hours, examination 
fees, and application fees. 
Reporting. The nonprofit organization must draft a report for the Division of Professions and 
Occupations by January 15 of each year that includes data on the participating candidates and 
supervisors in the stipend program. The division is required to submit the report to the General 
Assembly by February 26 of each year. 
Background 
The Colorado State Board of Professional Counselor Examiners regulates LPCs in the state. Board 
activities include reviewing licensure applications, receiving and evaluating complaints, and 
taking disciplinary actions against violators of the Mental Health Practice Act or Board Rule.  In 
order to hold a LPC license in Colorado, candidates must first apply for a candidate license and 
practice under supervision while actively working towards the full LPC license. Candidates must 
complete the National Counselor Examination and 100 supervised post-degree hours before 
obtaining a full license. 
School counselors are regulated by the Colorado Department of Education (CDE). The CDE set 
forth the education and accreditation requirements for school counselors, which can be viewed 
here. School counselors are not required to be LPCs. 
Assumptions 
As of 2023, there are 2,561 licensed school counselors in the state. The fiscal note assumes that 
30 percent, or 768 licensees, will participate in the stipend program, spread over multiple years. 
The fiscal note assumes that 5 percent of current school counselors (128) will apply for dual 
licensure in FY 2024-25, 10 percent will apply in FY 2025-26 (256), and 10 percent will apply in 
future years until 30% of school counselors have applied. Some revenue and expenditure  Page 3 
January 24, 2024  SB 24-015 
 
 
impacts could shift between fiscal years if the program is implemented sooner or later, or if 
participation differs from these assumptions. 
State Revenue 
The bill will increase state cash fund revenue to DORA by about $34,000 in FY 2024-25, $68,000 
in FY 2025-26, and $81,000 in FY 2026-27, paid to the Division of Professions and Occupations 
Cash Fund from additional school counselors applying for LPC licensure. On an ongoing basis, 
fees from initial licensure will increase until interested school counselors have applied for dual 
licensure and then every two years starting in FY 2026-27 from biennial LPC renewal fees. 
Fee impact on licensed professional counselors. Colorado law requires legislative service 
agency review of measures which create or increase any fee collected by a state agency.  
Generally, the bill is expected to increase the number persons applying for licensure who are 
required to pay a fee, rather than change the fee amount charged by DORA. Thus, the revenue 
impact is estimated using current fees amounts. The estimated impacts of license and renewal 
fees paid by licensed professional counselors under the bill is shown in Table 2 below. 
Beginning in FY 2024-25, DORA will collect about $34,000 in LPC candidate and license fees 
from 5 percent of school counselors applying to the dual licensure program. In FY 2025-26 and 
FY 2026-27, DORA will collect about $69,000 from 10 percent of school counselors applying for 
the dual licensure program in each year. Beginning in FY 2026-27 and every two years 
thereafter, DORA will collect renewal fees from dual licensed LPCs. As shown in Table 2, the fiscal 
note estimates a $100 fee every two years.  
Table 2 
Fee Impact on Dual Licensure Applicants 
Fiscal Year Type of Fee Current Fee Number Affected Total Fee Impact 
FY 2024-25 
LPC Candidate Fee 	$72 	128 $9,216 
LPC License Fee 	$196 	128 $25,088 
FY 2024-25 Total Fee Revenue $34,404 
FY 2025-26 
LPC Candidate Fee 	$72 	256 $18,432 
LPC License Fee 	$196 	256 $50,176 
FY 2025-26 Total Fee Revenue $68,608 
FY 2026-27 
LPC Candidate Fee 	$72 	256 $18,432 
LPC License Fee 	$196 	256 $50,176 
LPC Renewal Fee 	$100 	128 $12,800 
FY 2026-27 Total Fee Revenue $81,408 
  Page 4 
January 24, 2024  SB 24-015 
 
 
State Expenditures 
The bill increases state expenditures in DORA by about $1.8 million in FY 2024-25 and about 
$3.3 million in FY 2025-26, paid from the General Fund. Expenditures are shown in Table 3 and 
detailed below. 
Table 3 
Expenditures Under SB 24-015 
 	FY 2024-25 FY 2025-26 
Department of Regulatory Agencies   
Personal Services 	$98,455       $10,939 
Operating Expenses 	$2,304       $256 
Capital Outlay Costs 	$13,340       -       
LPC Candidate Fee Reimbursement 	$9,220 $18,432 
LPC License Fee Reimbursement 	$25,098 $50,176 
National Counselor Exam Fee Reimbursement 	$35,214 $70,400 
LPC Supervisory Hours Reimbursement 	$1,408,549 $2,816,000 
Contractor Administration Fee 	$147,808 $295,501 
Centrally Appropriated Costs
1
 	$30,817       $3,424 
Total Cost $1,770,805 $3,265,128 
Total FTE 1.8 FTE 0.2 FTE 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
 
Department of Regulatory Agencies. Starting in FY 2024-25, expenditures in DORA will 
increase to oversee additional LPC candidates, review licensees for supervisory qualification, and 
administer stipend reimbursements through a contracted nonprofit organization. It is assumed 
that license fee revenue cannot be used for the stipend program  
 Staff.  In FY 2024-25 only, DORA will require 1.8 FTE for a Technician III to review 
supervisory qualification of all current LPCs and manage additional LPC applications. In 
FY 2025-26 and ongoing, DORA will require 0.2 FTE for a Technician III to review new LPC 
applications and supervisor qualifications.  Increased workload to establish the 
administrative contract and manage the procurement process is expected to be 
accomplished within existing resources and not require additional appropriations. 
 
 Stipend reimbursements.  Starting in FY 2024-25, DORA will require about $1.5 million 
to reimburse LPC candidates and license applicants for fees and costs, as well as LPC 
supervisors for supervisory time. Reimbursements are based on the following amounts: 
 
• LPC candidate fees - $72 per applicant; 
• LPC license fees - $196 per applicant;  
• National Counselor Exam fees - $275 per applicant;  Page 5 
January 24, 2024  SB 24-015 
 
 
• LPC supervisory hours - estimated at $110 per hour for 100 hours of clinical 
supervision per applicant. 
 
 Contractor administration fee. Starting in FY 2024-25, DORA will require about 
$148,000 to retain the administrative services of a contracted Colorado nonprofit 
organization that will administer the program. In future years, this amount is 10% of the 
program costs. 
 
 Legal services. DORA will require up to 100 hours of legal services, provided by the 
Department of Law, which can be accomplished within existing legal services 
appropriations. Legal counsel is related to rulemaking, implementation, and ongoing 
administration of the program, as well as a rise in complaints.  
 
 Licensing system updates. Enhancements to the DPO licensing system are needed to 
track LPC licensees who are eligible to supervise. This is expected to be accomplished 
within existing resources and does not require additional appropriations. 
 
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 3. 
Other Budget Impacts 
TABOR refund. The bill is expected to increase the amount of state revenue required to be 
refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate 
assumes the December 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR 
is not available beyond FY 2025-26. Because TABOR refunds are paid from the General Fund, 
increased cash fund revenue will reduce the amount of General Fund available to spend or save. 
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. 
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 $1,739,988 to the Department 
of Regulatory Agencies, and 1.8 FTE.  Page 6 
January 24, 2024  SB 24-015 
 
 
State and Local Government Contacts 
Education      Information       Technology  
Law       Regulatory Agencies  
 
 
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.