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Colorado House Bill HB1098

Colorado 2023 Regular Session

Colorado House Bill HB1098 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 23-0589.01 Michael Dohr x4347
88 HOUSE BILL 23-1098
99 House Committees Senate Committees
1010 State, Civic, Military, & Veterans Affairs
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING PROTECTING FEMALE STUDENTS ' RIGHTS IN ATHLETICS.101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 The bill requires any intercollegiate, interscholastic, intramural, or
2222 club athletic team, sport, or athletic event to be designated as one of the
2323 following, based on the biological sex at birth of the participating
2424 students: Male, female, or coeducational. Male and female athletes may
2525 only participate on teams designated to their respective sexes. The bill
2626 prohibits a governmental entity from investigating a complaint or taking
2727 any adverse action against a public school, school district, activities
2828 association or organization, institution of higher education, or any
2929 HOUSE SPONSORSHIP
3030 Frizell and Bradley, Armagost, Hartsook, Weinberg, Winter T.
3131 SENATE SPONSORSHIP
3232 Pelton B.,
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3535 Dashes through the words or numbers indicate deletions from existing law. employee or governing board member for complying with the bill.
3636 The bill creates a cause of action for a student, school, or
3737 institution that suffers harm as a result of noncompliance with the bill.
3838 There is also a cause of action for a student who suffers retaliation for
3939 reporting violations of the bill. The statutes of limitations for the causes
4040 of action are 2 years and a prevailing party is entitled to reasonable
4141 attorney fees. The attorney general is required to provide legal
4242 representation to a school, school district, association, or institution of
4343 higher education that is sued for complying with the bill.
4444 Be it enacted by the General Assembly of the State of Colorado:1
4545 SECTION 1. In Colorado Revised Statutes, add 22-32-116.6 as2
4646 follows:3
4747 22-32-116.6. Extracurricular and interscholastic athletic4
4848 activities fairness - definition. (1) (a) A
4949 NY INTERSCHOLASTIC,5
5050 INTRAMURAL, OR CLUB ATHLETIC TEAM, SPORT, OR ATHLETIC EVENT THAT6
5151 IS SPONSORED OR SANCTIONED BY A PUBLIC SCHOOL , SCHOOL DISTRICT, OR7
5252 ACTIVITIES ASSOCIATION OR ORGANIZATION MUST BE DESI GNATED AS ONE8
5353 OF THE FOLLOWING, BASED ON THE BIOLOGICAL SEX AT BIRTH OF THE9
5454 PARTICIPATING STUDENTS:10
5555 (I) F
5656 EMALES, WOMEN, OR GIRLS;11
5757 (II) M
5858 ALES, MEN, OR BOYS; OR12
5959 (III) C
6060 OEDUCATIONAL OR MIXED .13
6161 (b) O
6262 NLY FEMALE STUDENTS, BASED ON THEIR BIOLOGICAL SEX,14
6363 MAY PARTICIPATE ON ANY TEAM OR IN A SPORT OR ATHLETIC EVENT15
6464 DESIGNATED AS BEING FOR FEMALES , WOMEN, OR GIRLS. ONLY MALE16
6565 STUDENTS, BASED ON THEIR BIOLOGICAL SEX, MAY PARTICIPATE ON ANY17
6666 TEAM OR IN A SPORT OR ATHLETIC EVENT DESIGNATED AS BEING FOR18
6767 MALES, MEN, OR BOYS.19
6868 (c) A
6969 GOVERNMENTAL ENTITY SHALL NOT INVESTIGATE A20
7070 HB23-1098-2- COMPLAINT OR TAKE ANY ADVERSE ACTION AGAINST A PUBLIC SCHOOL ,1
7171 SCHOOL DISTRICT, OR ACTIVITIES ASSOCIATION OR ORGANIZATION, OR ANY2
7272 EMPLOYEE OR GOVERNING BOARD MEMBER OF THE SCHOOL , SCHOOL3
7373 DISTRICT, OR ASSOCIATION OR ORGANIZATION FOR COMPLIANCE WITH THIS4
7474 SUBSECTION (1).5
7575 (2) (a) I
7676 F A STUDENT SUFFERS DIRECT OR INDIRECT HARM AS A6
7777 RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE7
7878 STUDENT HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS,8
7979 AND DECLARATORY RELIEF AGAINST THE PUBLIC SC HOOL , SCHOOL9
8080 DISTRICT, OR ACTIVITIES ASSOCIATION OR ORGANIZATION THAT CAUSED10
8181 THE HARM. IF A STUDENT IS SUBJECTED TO RETALIATION OR OTHER11
8282 ADVERSE ACTION BY A PUBLIC SCHOOL , SCHOOL DISTRICT, OR ACTIVITIES12
8383 ASSOCIATION OR ORGANIZATION AS A RESULT OF REPORTING A VIOLATION13
8484 OF SUBSECTION (1) OF THIS SECTION TO AN EMPLOYEE OR REPRESENTATIVE14
8585 OF THE SCHOOL, SCHOOL DISTRICT, ACTIVITIES ASSOCIATION OR15
8686 ORGANIZATION OR TO A STATE OR FEDERAL GOVERNMENTAL ENTITY16
8787 HAVING OVERSIGHT AUTHORITY , THAT STUDENT HAS A PRIVATE CAUSE OF17
8888 ACTION FOR INJUNCTIVE, MANDAMUS, AND DECLARATORY RELIEF AGAINST18
8989 THE SCHOOL, SCHOOL DISTRICT, OR ACTIVITIES ASSOCIATION OR19
9090 ORGANIZATION.20
9191 (b) I
9292 F A PUBLIC SCHOOL OR SCHOOL DISTRICT SUFFERS ANY DIRECT21
9393 OR INDIRECT HARM AS A RESULT OF A VIOLATION OF SUBSECTION (1) OF22
9494 THIS SECTION, THAT SCHOOL OR SCHOOL DISTRICT HAS A PRIVATE CAUSE23
9595 OF ACTION FOR INJUNCTIVE, MANDAMUS, AND DECLARATORY RELIEF24
9696 AGAINST THE GOVERNMENTAL ENTITY , LICENSING OR ACCREDITING25
9797 ORGANIZATION, OR ACTIVITIES ASSOCIATION OR ORGANIZATION THAT26
9898 CAUSED THE HARM.27
9999 HB23-1098
100100 -3- (c) A GOVERNMENTAL ENTITY , SCHOOL, OR SCHOOL DISTRICT IS1
101101 NOT LIABLE TO ANY STUDENT FOR ITS COMPLIANCE WITH SUBSECTION (1)2
102102 OF THIS SECTION. A CIVIL ACTION PURSUANT TO SUBSECTION (2)(a) OR3
103103 (2)(b)
104104 OF THIS SECTION MUST BE INITIATED WITHIN TWO YEARS FROM THE4
105105 DATE THE ALLEGED HARM OCCURRED . A PARTY PREVAILING ON A CLAIM5
106106 BROUGHT PURSUANT TO SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION IS6
107107 ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS .7
108108 (d) T
109109 HE FAILURE TO COMPLY WITH SUBSECTION (1) OF THIS8
110110 SECTION IS A WAIVER OF SOVEREIGN IMMUNITY FOR THE CIVIL ACTIONS9
111111 AUTHORIZED IN SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION.10
112112 (3) F
113113 OR ANY LAWSUIT BROUGHT OR ANY COMPLAINT FILED11
114114 AGAINST A PUBLIC SCHOOL OR A SCHOOL DISTRICT OR AN EMPLOYEE OR A12
115115 MEMBER OF A PUBLIC SCHOOL OR SCHOOL DISTRICT , AS A RESULT OF13
116116 COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION, THE ATTORNEY14
117117 GENERAL SHALL PROVIDE LEGAL REPRESENTATION AT NO COST TO THAT15
118118 ENTITY OR INDIVIDUAL . IN ADDITION TO THE EXPENSES OF16
119119 REPRESENTATION, THE STATE SHALL ASSUME FINANCIAL RESPONSIBILITY17
120120 FOR ANY OTHER EXPENSE RELATED TO THE LAWSUIT OR COMPLAINT18
121121 INCURRED BY A PUBLIC SCHOOL OR A SCHOOL DISTRICT , AN EMPLOYEE OF19
122122 THE SCHOOL OR SCHOOL DISTRICT, OR A MEMBER OF THE ASSOCIATION OR20
123123 ORGANIZATION, INCLUDING ANY AWARD FOR ATTORNEY FEES AND COSTS21
124124 FOR WHICH THAT ENTITY OR INDIVIDUAL WOULD BE OTHERWISE22
125125 RESPONSIBLE.23
126126 (4) F
127127 OR PURPOSES OF THIS SECTION, "BIOLOGICAL SEX" MEANS24
128128 EITHER THE FEMALE OR MALE SEX LISTED ON THE STUDENT 'S OFFICIAL25
129129 BIRTH CERTIFICATE IF THE CERTIFICATE WAS ISSUED AT OR NEAR THE TIME26
130130 OF THE STUDENT'S BIRTH.27
131131 HB23-1098
132132 -4- SECTION 2. In Colorado Revised Statutes, add 23-1-142 as1
133133 follows:2
134134 23-1-142. Extracurricular and interscholastic athletic3
135135 activities fairness - definition. (1) (a) A
136136 NY INTERCOLLEGIATE,4
137137 INTRAMURAL, OR CLUB ATHLETIC TEAM, SPORT, OR ATHLETIC EVENT THAT5
138138 IS SPONSORED OR SANCTIONED BY AN INSTITUTION OF HIGHER EDUCATION6
139139 THAT RECEIVES PUBLIC MONEY FROM THE STATE MUST BE DESIGNATED AS7
140140 ONE OF THE FOLLOWING, BASED ON THE BIOLOGICAL SEX AT BIRTH OF THE8
141141 PARTICIPATING STUDENTS:9
142142 (I) F
143143 EMALES OR WOMEN;10
144144 (II) M
145145 ALES OR MEN; OR11
146146 (III) C
147147 OEDUCATIONAL OR MIXED .12
148148 (b) O
149149 NLY FEMALE STUDENTS, BASED ON THEIR BIOLOGICAL SEX,13
150150 MAY PARTICIPATE ON A TEAM OR IN A SPORT OR ATHLETIC EVENT14
151151 DESIGNATED AS BEING FOR FEMALES OR WOMEN . ONLY MALE STUDENTS,15
152152 BASED ON THEIR BIOLOGICAL SEX, MAY PARTICIPATE ON ANY TEAM OR IN16
153153 A SPORT OR ATHLETIC EVENT DESIGNATED AS BEING FOR MALES OR MEN .17
154154 (c) A
155155 GOVERNMENTAL ENTITY SHALL NOT INVESTIGATE A18
156156 COMPLAINT OR TAKE ANY ADVERSE ACTION AGAINST AN INSTITUTION OF19
157157 HIGHER EDUCATION THAT RECEIVES PUBLIC MONEY FROM THE STATE OR20
158158 ANY EMPLOYEE OR GOVERNING BOARD MEMBER OF THE INSTITUTION FOR21
159159 COMPLIANCE WITH THIS SUBSECTION (1).22
160160 (2) (a) I
161161 F A STUDENT SUFFERS DIRECT OR INDIRECT HARM AS A23
162162 RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE24
163163 STUDENT HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS,25
164164 AND DECLARATORY RELIEF AGAINST THE INSTITUTION OF HIGHER26
165165 EDUCATION THAT RECEIVES PUBLIC MONEY FROM THE STATE THAT27
166166 HB23-1098
167167 -5- CAUSED THE HARM. IF A STUDENT IS SUBJECTED TO RETALIATION OR1
168168 OTHER ADVERSE ACTION BY AN INSTITUTION OF HIGHER EDUCATION THAT2
169169 RECEIVES PUBLIC MONEY FROM THE STATE AS A RESULT OF REPORTING A3
170170 VIOLATION OF SUBSECTION (1) OF THIS SECTION TO AN EMPLOYEE OR4
171171 REPRESENTATIVE OF THE INSTITUTION OR TO A STATE OR FEDERAL5
172172 GOVERNMENTAL ENTITY HAVING OVERSIGHT AUTHORITY , THAT STUDENT6
173173 HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS, AND7
174174 DECLARATORY RELIEF AGAINST THE INSTITUTION OF HIGHER EDUCATION8
175175 THAT RECEIVES PUBLIC MONEY FROM THE STATE .9
176176 (b) I
177177 F AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES10
178178 PUBLIC MONEY FROM THE STATE SUFFERS ANY DIRECT OR INDIRECT HARM11
179179 AS A RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THAT12
180180 INSTITUTION HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE ,13
181181 MANDAMUS, AND DECLARATORY RELIEF AGAINST THE GOVERNMENTAL14
182182 ENTITY, LICENSING OR ACCREDITING ORGANIZATION , OR ACTIVITIES15
183183 ASSOCIATION OR ORGANIZATION .16
184184 (c) A
185185 N INSTITUTION OF HIGHER EDUCATION THAT RECEIVES PUBLIC17
186186 MONEY FROM THE STATE IS NOT LIABLE TO ANY STUDENT FOR ITS18
187187 COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION. A CIVIL ACTION19
188188 PURSUANT TO SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION MUST BE20
189189 INITIATED WITHIN TWO YEARS FROM THE DATE THE ALLEGED HARM21
190190 OCCURRED. A PARTY PREVAILING ON A CLAIM BROUGHT PURSUANT TO22
191191 SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION IS ENTITLED TO23
192192 REASONABLE ATTORNEY FEES AND COSTS .24
193193 (d) T
194194 HE FAILURE TO COMPLY WITH SUBSECTION (1) OF THIS25
195195 SECTION IS A WAIVER OF SOVEREIGN IMMUNITY FOR THE CIVIL ACTIONS26
196196 AUTHORIZED IN SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION.27
197197 HB23-1098
198198 -6- (3) FOR ANY LAWSUIT BROUGHT OR ANY COMPLAINT FILED1
199199 AGAINST AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES PUBLIC2
200200 MONEY FROM THE STATE OR AN EMPLOYEE OF THE INSTITUTION AS A3
201201 RESULT OF COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION, THE4
202202 ATTORNEY GENERAL SHALL PROVIDE LEGAL REPRESENTATION AT NO COST5
203203 TO THAT INSTITUTION OR INDIVIDUAL. IN ADDITION TO THE EXPENSES OF6
204204 REPRESENTATION, THE STATE SHALL ASSUME FINANCIAL RESPONSIBILITY7
205205 FOR ANY OTHER EXPENSE RELATED TO THE LAWSUIT OR COMPLAINT8
206206 INCURRED BY AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES9
207207 PUBLIC MONEY FROM THE STATE OR EMPLOYEE OF THE INSTITUTION10
208208 INCLUDING ANY AWARD FOR ATTORNEY FEES AND COSTS FOR WHICH THAT11
209209 ENTITY OR INDIVIDUAL WOULD BE OTHERWISE RESPONSIBLE .12
210210 (4) F
211211 OR PURPOSES OF THIS SECTION, "BIOLOGICAL SEX" MEANS13
212212 EITHER THE FEMALE OR MALE SEX LISTED ON THE STUDENT 'S OFFICIAL14
213213 BIRTH CERTIFICATE IF THE CERTIFICATE WAS ISSUED AT OR NEAR THE TIME15
214214 OF THE STUDENT'S BIRTH.16
215215 SECTION 3. In Colorado Revised Statutes, 24-10-106, amend17
216216 (1)(i) and (1)(j); and add (1)(k) as follows:18
217217 24-10-106. Immunity and partial waiver. (1) A public entity19
218218 shall be immune from liability in all claims for injury which lie in tort or20
219219 could lie in tort regardless of whether that may be the type of action or the21
220220 form of relief chosen by the claimant except as provided otherwise in this22
221221 section. Sovereign immunity is waived by a public entity in an action for23
222222 injuries resulting from:24
223223 (i) An action brought pursuant to section 13-21-128; or
224224 25
225225 (j) An action brought pursuant to part 12 of article 20 of title 13,26
226226 whether the conduct alleged occurred before, on, or after January 1, 2022;27
227227 HB23-1098
228228 -7- OR1
229229 (k) A
230230 N ACTION BROUGHT PURSUANT TO SECTION 22-32-116.62
231231 (2)(a)
232232 OR (2)(b) OR AN ACTION BROUGHT PURSUANT TO SECTION 23-1-1423
233233 (2)(a)
234234 OR (2)(b).4
235235 SECTION 4. Act subject to petition - effective date. This act5
236236 takes effect at 12:01 a.m. on the day following the expiration of the6
237237 ninety-day period after final adjournment of the general assembly; except7
238238 that, if a referendum petition is filed pursuant to section 1 (3) of article V8
239239 of the state constitution against this act or an item, section, or part of this9
240240 act within such period, then the act, item, section, or part will not take10
241241 effect unless approved by the people at the general election to be held in11
242242 November 2024 and, in such case, will take effect on the date of the12
243243 official declaration of the vote thereon by the governor.13
244244 HB23-1098
245245 -8-