First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0589.01 Michael Dohr x4347
HOUSE BILL 23-1098
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING PROTECTING FEMALE STUDENTS ' RIGHTS IN ATHLETICS.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires any intercollegiate, interscholastic, intramural, or
club athletic team, sport, or athletic event to be designated as one of the
following, based on the biological sex at birth of the participating
students: Male, female, or coeducational. Male and female athletes may
only participate on teams designated to their respective sexes. The bill
prohibits a governmental entity from investigating a complaint or taking
any adverse action against a public school, school district, activities
association or organization, institution of higher education, or any
HOUSE SPONSORSHIP
Frizell and Bradley, Armagost, Hartsook, Weinberg, Winter T.
SENATE SPONSORSHIP
Pelton B.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. employee or governing board member for complying with the bill.
The bill creates a cause of action for a student, school, or
institution that suffers harm as a result of noncompliance with the bill.
There is also a cause of action for a student who suffers retaliation for
reporting violations of the bill. The statutes of limitations for the causes
of action are 2 years and a prevailing party is entitled to reasonable
attorney fees. The attorney general is required to provide legal
representation to a school, school district, association, or institution of
higher education that is sued for complying with the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-32-116.6 as2
follows:3
22-32-116.6. Extracurricular and interscholastic athletic4
activities fairness - definition. (1) (a) A
NY INTERSCHOLASTIC,5
INTRAMURAL, OR CLUB ATHLETIC TEAM, SPORT, OR ATHLETIC EVENT THAT6
IS SPONSORED OR SANCTIONED BY A PUBLIC SCHOOL , SCHOOL DISTRICT, OR7
ACTIVITIES ASSOCIATION OR ORGANIZATION MUST BE DESI GNATED AS ONE8
OF THE FOLLOWING, BASED ON THE BIOLOGICAL SEX AT BIRTH OF THE9
PARTICIPATING STUDENTS:10
(I) F
EMALES, WOMEN, OR GIRLS;11
(II) M
ALES, MEN, OR BOYS; OR12
(III) C
OEDUCATIONAL OR MIXED .13
(b) O
NLY FEMALE STUDENTS, BASED ON THEIR BIOLOGICAL SEX,14
MAY PARTICIPATE ON ANY TEAM OR IN A SPORT OR ATHLETIC EVENT15
DESIGNATED AS BEING FOR FEMALES , WOMEN, OR GIRLS. ONLY MALE16
STUDENTS, BASED ON THEIR BIOLOGICAL SEX, MAY PARTICIPATE ON ANY17
TEAM OR IN A SPORT OR ATHLETIC EVENT DESIGNATED AS BEING FOR18
MALES, MEN, OR BOYS.19
(c) A
GOVERNMENTAL ENTITY SHALL NOT INVESTIGATE A20
HB23-1098-2- COMPLAINT OR TAKE ANY ADVERSE ACTION AGAINST A PUBLIC SCHOOL ,1
SCHOOL DISTRICT, OR ACTIVITIES ASSOCIATION OR ORGANIZATION, OR ANY2
EMPLOYEE OR GOVERNING BOARD MEMBER OF THE SCHOOL , SCHOOL3
DISTRICT, OR ASSOCIATION OR ORGANIZATION FOR COMPLIANCE WITH THIS4
SUBSECTION (1).5
(2) (a) I
F A STUDENT SUFFERS DIRECT OR INDIRECT HARM AS A6
RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE7
STUDENT HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS,8
AND DECLARATORY RELIEF AGAINST THE PUBLIC SC HOOL , SCHOOL9
DISTRICT, OR ACTIVITIES ASSOCIATION OR ORGANIZATION THAT CAUSED10
THE HARM. IF A STUDENT IS SUBJECTED TO RETALIATION OR OTHER11
ADVERSE ACTION BY A PUBLIC SCHOOL , SCHOOL DISTRICT, OR ACTIVITIES12
ASSOCIATION OR ORGANIZATION AS A RESULT OF REPORTING A VIOLATION13
OF SUBSECTION (1) OF THIS SECTION TO AN EMPLOYEE OR REPRESENTATIVE14
OF THE SCHOOL, SCHOOL DISTRICT, ACTIVITIES ASSOCIATION OR15
ORGANIZATION OR TO A STATE OR FEDERAL GOVERNMENTAL ENTITY16
HAVING OVERSIGHT AUTHORITY , THAT STUDENT HAS A PRIVATE CAUSE OF17
ACTION FOR INJUNCTIVE, MANDAMUS, AND DECLARATORY RELIEF AGAINST18
THE SCHOOL, SCHOOL DISTRICT, OR ACTIVITIES ASSOCIATION OR19
ORGANIZATION.20
(b) I
F A PUBLIC SCHOOL OR SCHOOL DISTRICT SUFFERS ANY DIRECT21
OR INDIRECT HARM AS A RESULT OF A VIOLATION OF SUBSECTION (1) OF22
THIS SECTION, THAT SCHOOL OR SCHOOL DISTRICT HAS A PRIVATE CAUSE23
OF ACTION FOR INJUNCTIVE, MANDAMUS, AND DECLARATORY RELIEF24
AGAINST THE GOVERNMENTAL ENTITY , LICENSING OR ACCREDITING25
ORGANIZATION, OR ACTIVITIES ASSOCIATION OR ORGANIZATION THAT26
CAUSED THE HARM.27
HB23-1098
-3- (c) A GOVERNMENTAL ENTITY , SCHOOL, OR SCHOOL DISTRICT IS1
NOT LIABLE TO ANY STUDENT FOR ITS COMPLIANCE WITH SUBSECTION (1)2
OF THIS SECTION. A CIVIL ACTION PURSUANT TO SUBSECTION (2)(a) OR3
(2)(b)
OF THIS SECTION MUST BE INITIATED WITHIN TWO YEARS FROM THE4
DATE THE ALLEGED HARM OCCURRED . A PARTY PREVAILING ON A CLAIM5
BROUGHT PURSUANT TO SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION IS6
ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS .7
(d) T
HE FAILURE TO COMPLY WITH SUBSECTION (1) OF THIS8
SECTION IS A WAIVER OF SOVEREIGN IMMUNITY FOR THE CIVIL ACTIONS9
AUTHORIZED IN SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION.10
(3) F
OR ANY LAWSUIT BROUGHT OR ANY COMPLAINT FILED11
AGAINST A PUBLIC SCHOOL OR A SCHOOL DISTRICT OR AN EMPLOYEE OR A12
MEMBER OF A PUBLIC SCHOOL OR SCHOOL DISTRICT , AS A RESULT OF13
COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION, THE ATTORNEY14
GENERAL SHALL PROVIDE LEGAL REPRESENTATION AT NO COST TO THAT15
ENTITY OR INDIVIDUAL . IN ADDITION TO THE EXPENSES OF16
REPRESENTATION, THE STATE SHALL ASSUME FINANCIAL RESPONSIBILITY17
FOR ANY OTHER EXPENSE RELATED TO THE LAWSUIT OR COMPLAINT18
INCURRED BY A PUBLIC SCHOOL OR A SCHOOL DISTRICT , AN EMPLOYEE OF19
THE SCHOOL OR SCHOOL DISTRICT, OR A MEMBER OF THE ASSOCIATION OR20
ORGANIZATION, INCLUDING ANY AWARD FOR ATTORNEY FEES AND COSTS21
FOR WHICH THAT ENTITY OR INDIVIDUAL WOULD BE OTHERWISE22
RESPONSIBLE.23
(4) F
OR PURPOSES OF THIS SECTION, "BIOLOGICAL SEX" MEANS24
EITHER THE FEMALE OR MALE SEX LISTED ON THE STUDENT 'S OFFICIAL25
BIRTH CERTIFICATE IF THE CERTIFICATE WAS ISSUED AT OR NEAR THE TIME26
OF THE STUDENT'S BIRTH.27
HB23-1098
-4- SECTION 2. In Colorado Revised Statutes, add 23-1-142 as1
follows:2
23-1-142. Extracurricular and interscholastic athletic3
activities fairness - definition. (1) (a) A
NY INTERCOLLEGIATE,4
INTRAMURAL, OR CLUB ATHLETIC TEAM, SPORT, OR ATHLETIC EVENT THAT5
IS SPONSORED OR SANCTIONED BY AN INSTITUTION OF HIGHER EDUCATION6
THAT RECEIVES PUBLIC MONEY FROM THE STATE MUST BE DESIGNATED AS7
ONE OF THE FOLLOWING, BASED ON THE BIOLOGICAL SEX AT BIRTH OF THE8
PARTICIPATING STUDENTS:9
(I) F
EMALES OR WOMEN;10
(II) M
ALES OR MEN; OR11
(III) C
OEDUCATIONAL OR MIXED .12
(b) O
NLY FEMALE STUDENTS, BASED ON THEIR BIOLOGICAL SEX,13
MAY PARTICIPATE ON A TEAM OR IN A SPORT OR ATHLETIC EVENT14
DESIGNATED AS BEING FOR FEMALES OR WOMEN . ONLY MALE STUDENTS,15
BASED ON THEIR BIOLOGICAL SEX, MAY PARTICIPATE ON ANY TEAM OR IN16
A SPORT OR ATHLETIC EVENT DESIGNATED AS BEING FOR MALES OR MEN .17
(c) A
GOVERNMENTAL ENTITY SHALL NOT INVESTIGATE A18
COMPLAINT OR TAKE ANY ADVERSE ACTION AGAINST AN INSTITUTION OF19
HIGHER EDUCATION THAT RECEIVES PUBLIC MONEY FROM THE STATE OR20
ANY EMPLOYEE OR GOVERNING BOARD MEMBER OF THE INSTITUTION FOR21
COMPLIANCE WITH THIS SUBSECTION (1).22
(2) (a) I
F A STUDENT SUFFERS DIRECT OR INDIRECT HARM AS A23
RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THE24
STUDENT HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS,25
AND DECLARATORY RELIEF AGAINST THE INSTITUTION OF HIGHER26
EDUCATION THAT RECEIVES PUBLIC MONEY FROM THE STATE THAT27
HB23-1098
-5- CAUSED THE HARM. IF A STUDENT IS SUBJECTED TO RETALIATION OR1
OTHER ADVERSE ACTION BY AN INSTITUTION OF HIGHER EDUCATION THAT2
RECEIVES PUBLIC MONEY FROM THE STATE AS A RESULT OF REPORTING A3
VIOLATION OF SUBSECTION (1) OF THIS SECTION TO AN EMPLOYEE OR4
REPRESENTATIVE OF THE INSTITUTION OR TO A STATE OR FEDERAL5
GOVERNMENTAL ENTITY HAVING OVERSIGHT AUTHORITY , THAT STUDENT6
HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE , MANDAMUS, AND7
DECLARATORY RELIEF AGAINST THE INSTITUTION OF HIGHER EDUCATION8
THAT RECEIVES PUBLIC MONEY FROM THE STATE .9
(b) I
F AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES10
PUBLIC MONEY FROM THE STATE SUFFERS ANY DIRECT OR INDIRECT HARM11
AS A RESULT OF A VIOLATION OF SUBSECTION (1) OF THIS SECTION, THAT12
INSTITUTION HAS A PRIVATE CAUSE OF ACTION FOR INJUNCTIVE ,13
MANDAMUS, AND DECLARATORY RELIEF AGAINST THE GOVERNMENTAL14
ENTITY, LICENSING OR ACCREDITING ORGANIZATION , OR ACTIVITIES15
ASSOCIATION OR ORGANIZATION .16
(c) A
N INSTITUTION OF HIGHER EDUCATION THAT RECEIVES PUBLIC17
MONEY FROM THE STATE IS NOT LIABLE TO ANY STUDENT FOR ITS18
COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION. A CIVIL ACTION19
PURSUANT TO SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION MUST BE20
INITIATED WITHIN TWO YEARS FROM THE DATE THE ALLEGED HARM21
OCCURRED. A PARTY PREVAILING ON A CLAIM BROUGHT PURSUANT TO22
SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION IS ENTITLED TO23
REASONABLE ATTORNEY FEES AND COSTS .24
(d) T
HE FAILURE TO COMPLY WITH SUBSECTION (1) OF THIS25
SECTION IS A WAIVER OF SOVEREIGN IMMUNITY FOR THE CIVIL ACTIONS26
AUTHORIZED IN SUBSECTION (2)(a) OR (2)(b) OF THIS SECTION.27
HB23-1098
-6- (3) FOR ANY LAWSUIT BROUGHT OR ANY COMPLAINT FILED1
AGAINST AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES PUBLIC2
MONEY FROM THE STATE OR AN EMPLOYEE OF THE INSTITUTION AS A3
RESULT OF COMPLIANCE WITH SUBSECTION (1) OF THIS SECTION, THE4
ATTORNEY GENERAL SHALL PROVIDE LEGAL REPRESENTATION AT NO COST5
TO THAT INSTITUTION OR INDIVIDUAL. IN ADDITION TO THE EXPENSES OF6
REPRESENTATION, THE STATE SHALL ASSUME FINANCIAL RESPONSIBILITY7
FOR ANY OTHER EXPENSE RELATED TO THE LAWSUIT OR COMPLAINT8
INCURRED BY AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES9
PUBLIC MONEY FROM THE STATE OR EMPLOYEE OF THE INSTITUTION10
INCLUDING ANY AWARD FOR ATTORNEY FEES AND COSTS FOR WHICH THAT11
ENTITY OR INDIVIDUAL WOULD BE OTHERWISE RESPONSIBLE .12
(4) F
OR PURPOSES OF THIS SECTION, "BIOLOGICAL SEX" MEANS13
EITHER THE FEMALE OR MALE SEX LISTED ON THE STUDENT 'S OFFICIAL14
BIRTH CERTIFICATE IF THE CERTIFICATE WAS ISSUED AT OR NEAR THE TIME15
OF THE STUDENT'S BIRTH.16
SECTION 3. In Colorado Revised Statutes, 24-10-106, amend17
(1)(i) and (1)(j); and add (1)(k) as follows:18
24-10-106. Immunity and partial waiver. (1) A public entity19
shall be immune from liability in all claims for injury which lie in tort or20
could lie in tort regardless of whether that may be the type of action or the21
form of relief chosen by the claimant except as provided otherwise in this22
section. Sovereign immunity is waived by a public entity in an action for23
injuries resulting from:24
(i) An action brought pursuant to section 13-21-128; or
25
(j) An action brought pursuant to part 12 of article 20 of title 13,26
whether the conduct alleged occurred before, on, or after January 1, 2022;27
HB23-1098
-7- OR1
(k) A
N ACTION BROUGHT PURSUANT TO SECTION 22-32-116.62
(2)(a)
OR (2)(b) OR AN ACTION BROUGHT PURSUANT TO SECTION 23-1-1423
(2)(a)
OR (2)(b).4
SECTION 4. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
HB23-1098
-8-