HB 25-1259
Fiscal Note
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
HB 25-1259: IVF PROTECTION & GAMETE DONA TION REQMNTS
Prime Sponsors:
Rep. Froelich; Brown
Sen. Cutter; Daugherty
Published for: House Health & Human Services
Drafting number: LLS 25-0120
Fiscal Analyst:
Shukria Maktabi, 303-866-4720
shukria.maktabi@coleg.gov
Version: Initial Fiscal Note
Date: February 27, 2025
Fiscal note status: The fiscal note reflects the introduced bill.
Summary Information
Overview. The bill protects access to in vitro fertilization and other assisted reproductive procedures in
state law and modifies certain requirements for donor banks.
Types of impacts. The bill is projected to affect the following areas on an ongoing basis:
State Revenue Minimal State Workload
Appropriations. No appropriation is required.
Table 1
State Fiscal Impacts
Type of Impact
Budget Year
FY 2025-26
Out Year
FY 2026-27
State Revenue (Cash Funds) $0 -$22,500
State Expenditures $0 $0
Transferred Funds $0 $0
Change in TABOR Refunds $0 -$22,500
Change in State FTE 0.0 FTE 0.0 FTE
Page 2
February 27, 2025 HB 25-1259
Summary of Legislation
The bill creates a right to in vitro fertilization and other assisted reproductive procedures. The
bill also makes changes to current requirements for gamete banks and fertility clinics (donor
banks) including:
removing the requirement that donor banks must continually update donor information;
eliminating the requirement that a person conceived from gamete donor cannot
communicate about the gamete donor with third parties;
repealing provisions related to holding donor records in the event of donor bank dissolution
and removes the requirement to tell parents about a donor’s medical history or others who
were conceived using the same donor;
requiring donor banks to draft materials for individuals prior to donating or receiving
gametes, instead of the Department of Public Health and Environment (CDPHE); and
making it optional instead of required for donor recipients to notify donor banks about live
births using donated gametes.
The bill also changes donor bank licensure renewal from annually to every five years; removes
the requirement for CDPHE to investigate out-of-state donor banks; and revises penalties for
noncompliance, replacing the automatic $20,000 per-day fine with a civil penalty to be
determined by the State Board of Health following a hearing.
Background
Senate Bill 22-224 required the licensure of gamete agencies, gamete banks, and fertility clinics
starting January 1, 2025, by the State Board of Health in CDPHE. Senate Bill 24-223 extended the
licensing requirement out six months to July 1, 2025, and created an annual appropriated
transfer from the General Fund to the Gamete Agency, Gamete Bank, or Fertility Clinic Fund of
$125,000 per year.
State Revenue
The bill reduces state revenue from modifying license renewals beginning in FY 2026-27 and
may impact revenue from penalties for noncompliance.
Fee Revenue from License Renewals
The bill decreases state revenue to the Gamete Agency, Gamete Bank, and Fertility Clinic Fund
by reducing the frequency of licensure fees paid by donor banks. As discussed in the
Background section, donor banks must be licensed annually beginning July 1, 2025, which is
estimated to generate up to $22,500 per year in fee revenue, assuming 45 donor banks apply for
licensure each year and based on the statutory fee cap of $500 per license. Page 3
February 27, 2025 HB 25-1259
Under the bill, licenses would be renewed once every five years, instead of annually, which
results in an estimated loss of $22,500 annually every four years after a renewal year. If all donor
banks apply for licensure in FY 2025-26, the next renewal and licensing fee would be collected in
FY 2030-31, reducing state revenue by $90,000 over four years from FY 2026-27 to FY 2029-30.
Revenue from licensing fees are subject to TABOR.
Civil Penalties
State revenue may be impacted by the changes to civil penalties for noncompliant donor banks.
The bill replaces a fixed penalty of $20,000 per day with a fine to be determined by the State
Board of Health. The fiscal note assumes most donor banks will comply with the law and any
impacts to state revenue from penalties will be minimal.
State Expenditures
CDPHE will have additional workload related to enforcing new regulations and penalties, which
is expected to be minimal as it already oversees donor bank licensure. Conversely, workload will
decrease as CDPHE is no longer responsible for creating informational materials or investigating
out-of-state donor banks. Overall, these workload impacts require no change in appropriations.
Decreased revenue from licensing fees is not anticipated to impact CDPHE’s ability to provide
regulatory oversight of donor banks, as it receives a General Fund appropriation.
TABOR Refunds
The bill is expected to decrease the amount of state revenue required to be refunded to
taxpayers by the amounts discussed in the State Revenue section above, assuming the
December 2024 LCS revenue forecast. Because TABOR refunds are paid from the General Fund,
decreased cash fund revenue increases the amount of General Fund available to spend or save.
Technical Note
The bill may interfere with CPDHE’s regulatory oversight of donor banks, as the bill establishes
the right to reproductive procedures and prohibits state and local governments from interfering
or restricting the ability to provide or access that care. The fiscal note has not factored in any
impact related to this.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature. Page 4
February 27, 2025 HB 25-1259
State and Local Government Contacts
Judicial
Law
Public Health and Environment
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.