Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0712.01 Michael Dohr x4347
HOUSE BILL 24-1080
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT101
IMPROVE THE SAFETY OF THE PARTICIPANTS .102
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 clarifies that a director, coach, assistant coach, or athletic
program personnel contracted by a private sports organization or program
is a mandatory reporter.
An organization that operates a youth athletic activity (youth sports
organization) is required to have each paid coach of the youth athletic
activity have a current CPR education certification. A "youth sports
HOUSE SPONSORSHIP
Parenti,
SENATE SPONSORSHIP
(None),
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. organization" means a private for-profit or not-for-profit organization that
provides sports activities designed for the participation of youth 18 years
of age or younger. "Youth sports organization" does not include K-12
schools or institutions of higher education.
All youth sports organization employees and volunteers who work
directly with youth members, and any employee or volunteer who
accompanies the youth sports organization on any trip that includes one
or more overnight stays, must obtain a criminal history record check. A
volunteer who is not acting in the capacity of a coach or manager, who
only occasionally assists with the team, and who has an immediate family
member participating in the youth sports organization is not required to
obtain a criminal history record check. The bill creates a cause of action
for failing to conduct a background check.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 19-3-304, amend2
(2)(ii) as follows:3
19-3-304. Persons required to report child abuse or neglect -4
definition. (2) Persons required to report such abuse or neglect or5
circumstances or conditions include any:6
(ii) Director, coach, assistant coach, or athletic program personnel7
employed by a private sports organization or program. For purposes of8
this paragraph (ii)
SUBSECTION (2)(ii), "employed" means that an9
individual is compensated beyond reimbursement for his or her THE10
INDIVIDUAL'S expenses related to the private sports organization or11
program
AND INCLUDES A PERSON WHO CONTRACTS WITH A PRIVATE12
SPORTS ORGANIZATION OR PROGRAM TO ACT AS A DIRECTOR , COACH,13
ASSISTANT COACH, OR ATHLETIC PROGRAM PERSONNEL .14
SECTION 2. In Colorado Revised Statutes, add article 59 to title15
25 as follows:16
ARTICLE 5917
Required CPR and First Aid Guidelines18
HB24-1080-2- 25-59-101. Definitions. A S USED IN THIS ARTICLE 59, UNLESS THE1
CONTEXT OTHERWISE REQUIRES :2
(1) "P
UBLIC RECREATION FACILITY " MEANS A RECREATION3
FACILITY OWNED OR LEASED BY THE STATE OF COLORADO OR A POLITICAL4
SUBDIVISION THEREOF.5
(2) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC6
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE EIGHTEEN7
YEARS OF AGE OR YOUNGER AND ARE ENGAGING IN AN OR GANIZED8
ATHLETIC GAME OR COMPETITION AGAINST ANOTHER TEAM , CLUB, OR9
ENTITY OR ARE PRACTICING OR PREPARING FOR AN ORGANIZED ATHLETIC10
GAME OR COMPETITION AGAINST ANOTHER TEAM , CLUB, OR ENTITY.11
"Y
OUTH ATHLETIC ACTIVITY" DOES NOT INCLUDE MIDDLE SCHOOL , HIGH12
SCHOOL, OR COLLEGE OR UNIVERSITY ACTIVITIES . "YOUTH ATHLETIC13
ACTIVITY" DOES NOT INCLUDE AN ACTIVITY THAT IS ENTERED INTO FOR14
INSTRUCTIONAL PURPOSES ONLY OR AN ATHLETIC ACTIVITY THAT IS15
INCIDENTAL TO A NONATHLETIC PROGRAM OR A LESSON .16
25-59-102. Organized youth athletic activities - CPR and first17
aid guidelines required. (1) E
ACH YOUTH ATHLETIC ACTIVITY AND18
ATHLETIC LEAGUE THAT IS SPONSORED THROUGH A PRIVATE CLUB OR19
PUBLIC RECREATION FACILITY SHALL REQUIRE EACH COACH WITH WHOM20
THE CLUB, FACILITY, OR LEAGUE DIRECTLY CONTRACTS , FORMALLY21
ENGAGES, OR EMPLOYS FOR COMPENSATION TO COACH A YOUTH ATHLETIC22
ACTIVITY TO HAVE AN CURRENT CPR AND FIRST AID EDUCATION23
CERTIFICATION.24
(2) (a) T
HE CPR AND FIRST AID EDUCATION COURSE REQUIRED BY25
SUBSECTION (1) OF THIS SECTION MUST INCLUDE THE FOLLOWING :26
(I) I
DENTIFYING SIGNS OF AND TREATING:27
HB24-1080
-3- (A) HEAT- AND COLD-RELATED CONDITIONS;1
(B) E
XTERNAL BLEEDING;2
(C) M
USCULAR AND SKELETAL INJURIES; AND3
(D) H
EAD, NECK, AND SPINAL INJURIES; AND4
(II) C
ARDIOPULMONARY RESUSCITATION .5
(b) E
ACH PRIVATE CLUB OR PUBLIC RECREATION FACILITY AND6
EACH ATHLETIC LEAGUE MAY DESIGNATE SPECIFIC EDUCATION COURSES7
AS SUFFICIENT TO MEET THE REQUIREMENTS OF SUBSECTION (1) OF THIS8
SECTION.9
(3) N
OTHING IN THIS ARTICLE 59 ABROGATES OR LIMITS THE10
PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES11
PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",12
ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT13
TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS14
PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.15
SECTION 3. In Colorado Revised Statutes, add 26.5-5-304.5 as16
follows:17
26.5-5-304.5. Application of part - youth sports organizations18
- background checks required - definitions. (1) N
OTWITHSTANDING19
ANY PROVISION OF THIS PART 3 TO THE CONTRARY, A YOUTH SPORTS20
ORGANIZATION THAT IS NOT LICENSED PURSUANT TO THIS PART 3 ON THE21
EFFECTIVE DATE OF THIS SECTION IS SUBJECT ONLY TO THE REQUIREMENTS22
OF THIS SECTION AND IS OTHERWISE EXEMPT FROM THE REQUIREMENTS OF23
THIS PART 3.24
(2) (a) A
YOUTH SPORTS ORGANIZATION OPERATING IN THE STATE25
OF COLORADO SHALL REQUIRE ALL EMPLOYEES AND VOLUNTEERS WHO26
WORK DIRECTLY, OR WILL WORK DIRECTLY, WITH YOUTH MEMBERS, AND27
HB24-1080
-4- ANY EMPLOYEE OR VOLUNTEER WHO ACCOMPANIES THE YOUTH SPORTS1
ORGANIZATION ON ANY TRIP THAT INCLUDES ONE OR MORE OVERNIGHT2
STAYS, TO OBTAIN, PRIOR TO STARTING THE WORK OR TAKING THE TRIP ,3
AND EVERY THREE YEARS THEREAFTER , A CRIMINAL HISTORY RECORD4
CHECK BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING5
AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT6
A MINIMUM, SEXUAL OFFENDERS AND FELONY CONVICTIONS AND7
INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE8
C
OLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . THE CRIMINAL9
HISTORY RECORD CHECK MUST ASCERTAIN WHETHER THE PERSON BEING10
INVESTIGATED HAS BEEN CONVICTED OF FELONY CHILD ABUSE AS11
SPECIFIED IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL12
SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102 (9), OR A13
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .14
(b) A
YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS15
AN EMPLOYEE OR APPROVE A PERSON AS A VOLUNTEER IF A CRIMINAL16
HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO17
SUBSECTION (2)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN18
CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401,19
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED20
IN SECTION 16-22-102 (9), OR ANY COMPARABLE OFFENSE COMMITTED IN21
ANOTHER STATE.22
(3) (a) A
PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO23
TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT24
WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK25
PURSUANT TO SUBSECTION (2) OF THIS SECTION MUST AT ALL TIMES BE26
SUPERVISED BY AN EMPLOYEE OR VOLUNTEER WHO HAS BEEN HIRED OR27
HB24-1080
-5- APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK1
PURSUANT TO SUBSECTION (2) OF THIS SECTION.2
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A YOUTH3
SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL4
HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE5
CAPACITY OF A COACH OR MANAGER , ONLY OCCASIONALLY ASSISTS WITH6
THE TEAM, AND WHO HAS AN IMMEDIATE FAMILY MEMBER PARTICIPATING7
IN THE YOUTH SPORTS ORGANIZATION . A VOLUNTEER DESCRIBED BY THIS8
SUBSECTION (3)(b) MUST BE SUPERVISED AT ALL TIMES BY AN EMPLOYEE9
OR VOLUNTEER WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A10
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (2) OF THIS11
SECTION.12
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "E
MPLOYEE" MEANS A PAID EMPLOYEE OF A YOUTH SPORTS15
ORGANIZATION WHO IS EIGHTEEN YEARS OF AGE OR OLDER .16
(b) "V
OLUNTEER" MEANS A PERSON WHO VOLUNTEERS TO ASSIST17
A YOUTH SPORTS ORGANIZATION .18
(c) (I) "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE19
FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS20
CORE FUNCTION, PROVIDES PERSONS WHO ARE EIGHTEEN YEARS OF AGE OR21
YOUNGER THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE22
OR RECREATIONAL SPORTING EVENTS , WHETHER INDIVIDUALLY OR AS A23
TEAM.24
(II) "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:25
(A) A
NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN26
SECTION 26.5-5-303;27
HB24-1080
-6- (B) A PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES1
KINDERGARTEN THROUGH TWELVE ;2
(C) A
PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR3
(D) A
N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY4
TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR5
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.6
SECTION 4. In Colorado Revised Statutes, add 13-80-103.4 as7
follows:8
13-80-103.4. Limitation of actions - failure to perform a9
background check by a youth sports organization - injury to a child10
- definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT11
OTHERWISE REQUIRES:12
(a) "C
HILD" MEANS A PERSON UNDER EIGHTEEN YEARS OF AGE .13
(b) "S
EXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES14
LISTED IN SECTION 18-3-411 (1).15
(c) "Y
OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS16
COMPLYING WITH SECTION 26.5-5-304.5.17
(2) N
OTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS18
SPECIFIED IN THIS ARTICLE 80 OR ANY OTHER PROVISION OF LAW, A CIVIL19
ACTION, AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION, AGAINST A20
YOUTH SPORTS ORGANIZATION FOR FAILURE TO PERFORM A YOUTH SPORTS21
REQUIRED BACKGROUND CHECK MAY BE BROUGHT AT ANY TIME WITHIN22
TWO YEARS AFTER THE AGE OF MAJORITY OF THE PLAINTIFF .23
(3) I
N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A24
YOUTH SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS25
SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE26
FOLLOWING FACTS AND CIRCUMSTANCES :27
HB24-1080
-7- (a) THE YOUTH SPORTS ORGANIZATION , IN HIRING AN INDIVIDUAL1
TO WORK WITH CHILDREN OR IN A SETTING WITH CHILDREN , DID NOT2
PERFORM AN YOUTH SPORTS REQUIRED BACKGROUND CHECK OF THE3
INDIVIDUAL, AND THE FAILURE TO CONDUCT THE REQUIRED BACKGROUND4
CHECK WAS THE RESULT OF THE YOUTH SPORTS ORGANIZATION 'S5
DELIBERATE INDIFFERENCE OR RECKLESS DISREGARD OF ITS OBLIGATION6
TO CONDUCT THE BACKGROUND CHECK AS PROVIDED BY LAW ; ORDINARY7
NEGLIGENCE OR UNINTENTIONAL OVERSIGHT IS NOT SUFFICIENT ;8
(b) T
HE INDIVIDUAL, AT THE TIME OF HIRING, HAD A CRIMINAL9
RECORD THAT INCLUDED ONE OR MORE CONVICTIONS FOR THE OFFENSE OF10
SEXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402, FOR A SEXUAL11
OFFENSE AGAINST A CHILD, OR FOR CHILD ABUSE AS DESCRIBED IN SECTION12
18-6-401;
AND13
(c) T
HE INDIVIDUAL COMMI TTED ONE OF THE FOLLOWING14
OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN15
CONTACT IN THE COURSE OF THE INDIVIDUAL 'S EMPLOYMENT WITH THE16
YOUTH SPORTS ORGANIZATION :17
(I) S
EXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;18
(II) S
EXUAL OFFENSE AGAINST A CHILD; OR19
(III) C
HILD ABUSE AS DESCRIBED IN SECTION 18-6-401.20
(4) A
N ACTION MAY NOT BE BROUGHT PURSUANT TO SUBSECTION21
(3)
OF THIS SECTION IF THE DEFENDANT IS DECEASED OR IS INCAPACITATED22
TO THE EXTENT THAT THE YOUTH SPORTS ORGANIZATION IS INCAPABLE OF23
RENDERING A DEFENSE TO THE ACTION .24
SECTION 5. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
HB24-1080
-8- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2024 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
HB24-1080
-9-