LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 1611
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JANUARY 6, 2026
SUMMARY
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Synopsis: |
Establishes central registry for background checks of youth serving organization employees and volunteers. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
Department of Law and Public Safety. |
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Office of Legislative Services Estimate |
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Annual Fiscal Impact |
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State Expenditure Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) finds that the bill will result in an indeterminate increase in State expenditures in the Department of Law and Public Safety, resulting from initial start-up and ongoing administrative and workload costs to establish and maintain the Youth Serving Organization Central Registry.
· The OLS determines that there may be annual State revenue increases from registration and criminal history record background check fees. The OLS cannot estimate the additional revenues, given the limit on background check fees under current law and the lack of information on the number of organizations that would opt to participate in the registry and the cost to register, which is set by the department.
BILL DESCRIPTION
This bill requires the Department of Law and Public Safety to create the Youth Serving Organization Central Registry, which would serve as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks of prospective or current employees or volunteers of youth serving organizations.
Under the bill, the central registry is to be established within the department. In order to participate in the central registry, a youth serving organization is required to register with the department and pay the required registration fee.
The bill provides that the central registry is to request, through the department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective or current employee or volunteer of a participating organization. Additionally, the bill requires each current employee or volunteer of a participating organization to undergo a criminal history record background check at least once every two years. The prospective or current employee or volunteer would bear the cost associated with conducting criminal history background checks. Under current law, the fee for a criminal history background check may not exceed the actual cost of conducting the check.
Under the bill, the central registry would retain records indicating each employee’s or volunteer's qualification status. Any participating organization could check the status of an employee or a volunteer and inquire about their status by telephone or through a secure website maintained by the department. In addition, the department would be required to inform a participating organization whether a person's initial or subsequent criminal history background check reveals a conviction for a disqualifying crime or offense. The central registry status records would then be updated to reflect the disqualifying crime or offense for any prospective or current employee or volunteer.
Finally, the bill provides that participation in the central registry is voluntary, and a youth serving organization that has established a criminal history background check protocol with a licensed entity is not required to participate in the central registry. Further, the bill revises the definition of a “youth serving organization” to mean a sports team, league, athletic association, or any other corporation, association, or other organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, charitable, social or other activities or services for persons under 18 years of age. An organization would not need to be nonprofit to be eligible to participate.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that the bill will result in an indeterminate increase in State expenditures in the Department of Law and Public Safety, resulting from initial start-up and ongoing administrative and workload costs to establish and maintain the Youth Serving Organization Central Registry. The OLS determines that there may be annual State revenue increases from registration and criminal history record background check fees. The OLS cannot estimate the additional revenues, given the limit on background check fees under current law and the lack of information on the number of organizations that would opt to participate in the registry and the cost to register, which is set by the department.
State Expenditure Increase: The OLS finds that the bill will result in an indeterminate increase in State expenditures for one-time start-up costs to the department to establish the central registry, including technology costs for developing, implementing, and testing new software systems and associated security measures that may be necessary to create and maintain the registry. The registry would likely require a searchable database containing identifying and background check information for prospective and current employees and volunteers of certain youth-serving organizations. Data storage and maintenance costs would be impacted by the number of organizations that choose to participate in the registry.
The bill’s requirement that participating organizations be able to check the status of a background check through a department-maintained website or by telephone may result in similar increases in technology-related expenditures and workload. Depending on the existence of similar systems within the department, certain expenses may be absorbed in the department’s current operating budget.
The department will likely experience an indeterminate annual increase in ongoing State expenditures due to costs associated with recurring workload increases. The bill’s revised definition of “youth serving organization,” which would include for-profit organizations, in addition to non-profit organizations under current law, and the requirement that criminal history record background checks, following an initial check, be conducted biannually, would likely result in an increased number of background checks annually processed by the department.
Under the bill, department staff would likely be required to enter background check information into the registry and notify participating organizations regarding whether a person’s initial or subsequent background check revealed a conviction for a disqualifying offense. However, due to insufficient information on the number of background checks that may be required under the bill, the OLS cannot estimate whether workload increases could be accommodated by current staff.
State Revenue Increases: The OLS finds that the bill will result in an indeterminate increase in State revenue from registration fees paid by participating organizations and from background-check fees paid by prospective and current employees or volunteers. The OLS cannot estimate the extent of the increased revenue because it cannot estimate the number of organizations that would opt to participate in the registry or the registration fee each organization would pay, as the registration fee is set by the department pursuant to the bill’s provisions.
In addition, pursuant to State law, the State Bureau of Identification in the Division of State Police collects a $30 fee to process criminal history record background checks. Under current law, the fee paid by employees and volunteers to obtain a criminal history background check may not exceed the actual cost of conducting the check. Accordingly, the ability to use fees collected to conduct the check to offset potential increases in expenditure may be limited.
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Section: |
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Analyst: |
Lead Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).