BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1264 (Vargas) - Mandated reporters: postsecondary athletic
coaches.
Amended: April 25, 2012 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: May 24, 2012 Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: SB 1264 would add any athletic coach, including
but not limited to, an assistant coach or a graduate assistant
involved in coaching, at public or private postsecondary
institutions to the existing list of mandated reporters for
purposes of the Child Abuse and Neglect Reporting Act (CANRA),
as specified.
Fiscal Impact:
First-year cost pressure to public postsecondary
institutions in the range of $450,000 (General Fund) to
develop training modules, policies and forms.
Annual cost pressure in the hundreds of thousands to public
postsecondary institutions for ongoing training costs.
Annual cost pressure in the range of $200,000 (General
Fund) for administrative costs to public postsecondary
institutions associated with noticing, tracking, and
compliance.
Potential costs, likely less than $150,000 (General Fund)
for increased state prison commitments to the extent
increasing the number of mandated reporters results in
additional felony convictions.
Ongoing costs to the Judicial Branch, likely in the range
of $25,000 to $100,000 (Trial Court Trust Fund) for
additional misdemeanor and felony court filings.
Minor, absorbable costs to the Department of Justice (DOJ)
to process additional CANRA reports.
Unknown, non-reimbursable local law enforcement costs for
additional reporting and investigation.
Background: Current law establishes the Child Abuse and Neglect
Reporting Act, which generally is intended to protect children
SB 1264 (Vargas)
Page 1
from abuse and neglect. Existing law enumerates 40 categories of
persons who are mandated child abuse and neglect reporters and
provides that, except as specified, "a mandated reporter shall
make a report?whenever the mandated reporter, in his or her
professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the
mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect."
This bill and several others this session (see Related
Legislation) have been introduced largely in response to the
incidents at Penn State in 2011.
Proposed Law: This bill would add to the existing list of
mandated reporters any athletic coach, including, but not
limited to, an assistant coach or a graduate assistant involved
in coaching, at public or private postsecondary institutions.
Related Legislation: AB 1434 (Feuer) 2012 makes an employee of a
public or private institution of higher education, as to child
abuse or neglect occurring on that institution's premises or at
an official activity of, or program conducted by the
institution, a mandated reporter. This bill has been referred to
the Senate Committee on Public Safety.
AB 1435 (Dickinson) 2012 makes an athletic coach, athletic
administrator, or athletic director employed by a public or
private organization, including but not limited to schools and
higher education institutions, a mandated reporter, and requires
training, as specified. This bill is currently on the Assembly
Appropriations Suspense file.
AB 1438 (Bradford) 2012 expands the existing crime for failing
to notify a peace officer of a specified violent crime against a
child under 14 to include non-forcible child molestation. This
bill has been referred to the Senate Committee on Public Safety.
AB 1564 (Lara) 2012 makes volunteers of public or private
organizations including nonprofit organizations, whose duties
require direct contact with and supervision of children,
mandated reporters. This bill was not heard in the Assembly
Committee on Public Safety.
AB 1713 (Campos) 2012 expands the existing definition of
SB 1264 (Vargas)
Page 2
commercial film and photographic print processors who are
mandated reporters to include several enumerated types of
computer-related data and imagery. This bill is on the Assembly
Floor second reading file.
AB 1817 (Atkins) 2012 would make commercial computer
technicians, as specified, mandated reporters. This bill is
pending a hearing in Assembly Appropriations.
Staff Comments: Under current law, there are 40 enumerated
categories of mandated reporters including teachers,
instructional aides and others, which already may include the
individuals covered by the provisions of this bill. Current
statute, however, does not clearly specify higher education
personnel or volunteers.
To the extent this bill expands the number of mandated reporters
could result in an increased number of incidents reported and
prosecuted, resulting in annual state incarceration costs of
$50,000 to $150,000 General Fund.
The Judicial Council has indicated the potential for increased
misdemeanor and felony filings related to a mandated reporter's
failure to report an incident of child abuse or neglect under
specified conditions. The annual impact to the Judicial Branch
could range from approximately $25,000 to $100,000 for 50 new
misdemeanor or felony filings per year.
Although not mandated, employers are strongly encouraged to
provide their employees who are mandated reporters with training
in the duties imposed. Public and private organizations are also
encouraged to provide their volunteers whose duties require
direct contact with and supervision of children with training in
the identification and reporting of child abuse and neglect.
Based upon the development of a similar training program
instituted at the University of California (UC) on sexual
harassment, one-time cost pressure to develop training course
content and materials at public postsecondary institutions could
be in the range of $450,000 (General Fund). There would likely
be annual ongoing cost pressure associated with continued
training for staff as well as administrative costs for noticing,
tracking, and compliance.
SB 1264 (Vargas)
Page 3