Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues Cash Fund	$1,900	$1,900
State Expenditures Cash Fund	$1,900	$1,900
FTE Position Change	0.0 FTE	0.0 FTE
Other State Impact: Possible additional TABOR revenue to the state
Effective Date: July 1, 1999
Appropriation Summary for FY 1999-2000: Cash Fund spending authority to the Department of Education of $1,900; of this amount, $1,900 cash fund exempt appropriation to the Department of Public Safety.
Local Government Impact: School districts would collect money for fingerprinting from applicants and send the money to the Department of Education.

Under current law, prior to employment by a school district, the school district board of education is required to make an inquiry to the Department of Education to determine whether that person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. This requirement is permissive for the governing board of nonpublic schools in Colorado.

This reengrossed bill expands the criminal background checks for all prospective public school employees to include a check as to whether the person has been convicted of, has pled nolo contendere to, or has received a deferred sentence for any felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. In addition, during the employment of any person by a school district, the School District Board of Education may make an inquiry to the Department of Education for the purpose of doing the criminal background check described above.

The bill also requires school districts to notify the Department of Education when it has learned that a current or past employee has been convicted of, has pled nolo contendere to, or has received a deferred sentence for any felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children.

Section 2 of the reengrossed bill is permissive in authorizing nonpublic schools to inquire to the Department of Education regarding an applicant’s background. The nonpublic school would forward a set of the applicant’s fingerprints, and the applicant’s check to cover the costs charged by the Colorado Bureau of Investigation (CBI) to the Department of Education. The Nonpublic School Fingerprint Fund would be created in the State Treasury for these moneys. Moneys in the fund would be subject to annual appropriation by the General Assembly.

The bill would become effective July 1, 1999, and would apply to persons employed by any school district or nonpublic school and prospective school employees applying on or after that date.

Only Section 2 of the reengrossed bill is considered to have a possible fiscal impact. Section 2 is permissive, and authorizes nonpublic schools to inquire to the Department of Education regarding an applicant’s background, including allowing the submission of fingerprints to the Department. The nonpublic school would forward a set of the applicant’s fingerprints, and the applicant’s check to cover the costs charged by the Colorado Bureau of Investigation (CBI) to the Department of Education.

The number of additional fingerprints that would be submitted to the Department of Education from nonpublic schools is not known, however, that number is anticipated to be relatively small, perhaps as few as 50 applications per year. The bill provides for the establishment of the Nonpublic School Fingerprint Cash Fund within the Department of Education for the deposit of the $38 per applicant fingerprinting fee. It is estimated that $1,900 (50 applicants x $38 fingerprinting fee) would be collected by the Department of Education and transmitted to the CBI for analysis. The Department of Education does not anticipate any additional expenses associated with their administrative responsibilities for the submission of these fingerprints.

The fiscal note implies that the Department of Education would require an additional Cash Fund spending authority of $1,900 in FY 1999-00. Of the total amount appropriated to the Department of Education, the CBI, Department of Public Safety, would require a cash fund exempt appropriation in the amount of $1,900.