Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
February 23, 2024
HOUSE SPONSORSHIP
Parenti and Willford,
SENATE SPONSORSHIP
Danielson and Marchman,
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
2
SECTION 1. In Colorado Revised Statutes, add article 59 to title3
25 as follows:4
ARTICLE 595
Required CPR and First Aid Guidelines6
25-59-101. Definitions. A
S USED IN THIS ARTICLE 59, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "YOUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC9
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE UNDER10
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC11
GAME, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC12
ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL13
TO A NONATHLETIC PROGRAM OR A LESSON .14
(2) "YOUTH SPORTS ORGANIZATION" HAS THE SAME MEANING AS15
IN SECTION 26.5-5-304.5 (4).16
25-59-102. Organized youth athletic activities - CPR and first17
aid guidelines required. (1) (a) EXCEPT AS PROVIDED FOR IN18
1080-2- SUBSECTION (1)(b) OF THIS SECTION, EACH YOUTH SPORTS ORGANIZATION1
SHALL ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT2
FIRST AID AND CPR/AED CERTIFICATION IS PRESENT AT EACH YOUTH3
ATHLETIC ACTIVITY.4
(b) IF A YOUTH SPORTS ORGANIZATION CONDUCTS A YOUTH5
ATHLETIC ACTIVITY AT A FACILITY THAT HAS STAFF ON SITE DURING THE6
YOUTH ATHLETIC ACTIVITY WHO ARE FIRST AID AND CPR/AED CERTIFIED7
SUBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY.8
(c) A YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY9
BY VOLUNTEERS FOR TRAINING PURPOSES ONLY ARE EXEMPT FROM THIS10
SECTION, BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS11
A CURRENT FIRST AID AND CPR/AED CERTIFICATION.12
(2) (a) T
HE CPR AND FIRST AID EDUCATION COURSE REQUIRED BY13
SUBSECTION (1) OF THIS SECTION MUST INCLUDE THE FOLLOWING :14
(I) I
DENTIFYING SIGNS OF AND TREATING:15
(A) H
EAT- AND COLD-RELATED CONDITIONS;16
(B) E
XTERNAL BLEEDING;17
(C) M
USCULAR AND SKELETAL INJURIES; AND18
(D) H
EAD, NECK, AND SPINAL INJURIES; AND19
(II) C
ARDIOPULMONARY
RESUSCITATION/AUTOMATIC EXTERNAL20
DEFIBRILLATOR TRAINING.21
(b) E
ACH
YOUTH SPORTS ORGANIZATION AND EACH ATHLETIC22
LEAGUE MAY DESIGNATE SPECIFIC EDUCATION COURSES AS SUFFICIENT TO23
MEET THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.24
(3) N
OTHING IN THIS ARTICLE 59 ABROGATES OR LIMITS THE25
PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES26
PURSUANT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",27
1080
-3- ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT1
TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS2
PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.3
SECTION 2. In Colorado Revised Statutes, add 26.5-5-304.5 as4
follows:5
26.5-5-304.5. Application of part - youth sports organizations6
- background checks required - definitions. (1) N
OTWITHSTANDING7
ANY PROVISION OF THIS PART 3 TO THE CONTRARY, A YOUTH SPORTS8
ORGANIZATION THAT IS NOT LICENSED PURSUANT TO THIS PART 3 ON THE9
EFFECTIVE DATE OF THIS SECTION IS SUBJECT ONLY TO THE REQUIREMENTS10
OF THIS SECTION AND IS OTHERWISE EXEMPT FROM THE REQUIREMENTS OF11
THIS PART 3.12
(2) (a) A
YOUTH SPORTS ORGANIZATION OPERATING IN THE STATE13
OF COLORADO SHALL REQUIRE ALL EMPLOYEES AND VOLUNTEERS WHO14
WORK DIRECTLY, OR WILL WORK DIRECTLY, WITH YOUTH MEMBERS, AND15
ANY EMPLOYEE OR VOLUNTEER WHO ACCOMPANIES THE YOUTH SPORTS16
ORGANIZATION ON ANY TRIP THAT INCLUDES ONE OR MORE OVERNIGHT17
STAYS, TO OBTAIN, PRIOR TO STARTING THE WORK OR TAKING THE TRIP ,18
AND EVERY THREE YEARS THEREAFTER , A CRIMINAL HISTORY RECORD19
CHECK BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING20
AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT21
A MINIMUM, SEXUAL OFFENDERS AND FELONY C ONVICTIONS AND22
INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE23
C
OLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .
IF AN EMPLOYEE24
OR VOLUNTEER HAS LIVED OUTSIDE OF THE UNITED STATES FOR MORE25
THAN ONE HUNDRED EIGHTY DAYS IN PAST TEN YEARS OR ONE HUNDRED26
EIGHTY DAYS SINCE THE EMPLOYEE'S OR VOLUNTEER'S LAST BACKGROUND27
1080
-4- CHECK WAS CONDUCTED, THE EMPLOYEE OR VOLUNTEER SHALL ALSO1
OBTAIN AN INTERNATIONAL CRIMINAL HISTORY RECORD CHECK THAT AT2
A MINIMUM DISCLOSES SEXUAL OFFENDERS AND FELONY CONVICTIONS.3
T
HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN WHETHER THE4
PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF FELONY CHILD5
ABUSE AS SPECIFIED IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING6
UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102 (9), OR7
A COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .8
(b) A
YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS9
AN EMPLOYEE OR APPROVE A PERSON AS A VOLUNTEER IF A CRIMINAL10
HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT TO11
SUBSECTION (2)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN12
CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401,13
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR AS DEFINED14
IN SECTION 16-22-102 (9), OR ANY COMPARABLE OFFENSE COMMITTED IN15
ANOTHER STATE.16
(3) (a) A
PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO17
TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT18
WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK19
PURSUANT TO SUBSECTION (2) OF THIS SECTION MUST AT ALL TIMES BE20
SUPERVISED BY AN EMPLOYEE OR VOLUNTEER WHO HAS BEEN HIRED OR21
APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK22
PURSUANT TO SUBSECTION (2) OF THIS SECTION.23
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , A YOUTH24
SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL25
HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE26
CAPACITY OF A COACH OR MANAGER , ONLY OCCASIONALLY ASSISTS WITH27
1080
-5- THE TEAM. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (3)(b) MUST1
BE SUPERVISED AT ALL TIMES BY AN EMPLOYEE OR VOLUNTEER WHO HAS2
BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD3
CHECK PURSUANT TO SUBSECTION (2) OF THIS SECTION.4
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(a) "E
MPLOYEE" MEANS A PAID EMPLOYEE OF A YOUTH SPORTS7
ORGANIZATION WHO IS EIGHTEEN YEARS OF AGE OR OLDER .8
(b) "V
OLUNTEER" MEANS A PERSON WHO VOLUNTEERS TO ASSIST9
A YOUTH SPORTS ORGANIZATION .10
(c) (I) "YOUTH SPORTS ORGANIZATION" MEANS A PUBLIC11
ORGANIZATION OR PRIVATE FOR -PROFIT OR NOT -FOR-PROFIT12
ORGANIZATION THAT, AS PART OF ITS CORE FUNCTION, PROVIDES PERSONS13
WHO ARE UNDER EIGHTEEN YEARS OF AGE THE OPPORTUNITY TO14
PARTICIPATE IN SCHEDULED COMPETITIVE OR RECREATIONAL SPORTING15
ACTIVITIES, WHETHER INDIVIDUALLY OR AS A TEAM .16
(II) "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:17
(A) A
NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN18
SECTION 26.5-5-303;19
(B) A
PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES20
KINDERGARTEN THROUGH TWELVE ;21
(C) A
PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR22
(D) A
N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY23
TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR24
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.25
SECTION
3. In Colorado Revised Statutes, add 13-80-103.4 as26
follows:27
1080
-6- 13-80-103.4. Limitation of actions - failure to perform a1
background check by a youth sports organization - injury to a child2
- definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT3
OTHERWISE REQUIRES:4
(a) "C
HILD" MEANS A PERSON UNDER EIGHTEEN YEARS OF AGE .5
(b) "S
EXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES6
LISTED IN SECTION 18-3-411 (1).7
(c) "Y
OUTH SPORTS REQUIRED BACKGROUND CHECK " MEANS8
COMPLYING WITH SECTION 26.5-5-304.5.9
(2) N
OTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS10
SPECIFIED IN THIS ARTICLE 80 OR ANY OTHER PROVISION OF LAW, A CIVIL11
ACTION, AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION, AGAINST A12
YOUTH SPORTS ORGANIZATION FOR FAILURE TO PERFORM A YOUTH SPORTS13
REQUIRED BACKGROUND CHECK MAY BE BROUGHT AT ANY
TIME. 14
(3) I
N BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A15
YOUTH SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS16
SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE17
FOLLOWING FACTS AND CIRCUMSTANCES :18
(a) T
HE YOUTH SPORTS ORGANIZATION , IN HIRING AN INDIVIDUAL19
TO WORK WITH CHILDREN OR IN A SETTING WITH CHILDREN , DID NOT20
PERFORM AN YOUTH SPORTS REQUIRED BACKGROUND CHECK OF THE21
INDIVIDUAL, AND THE FAILURE TO CONDUCT THE REQUIRED BACKGROUND22
CHECK WAS THE RESULT OF THE YOUTH SPORTS ORGANIZATION 'S23
DELIBERATE INDIFFERENCE OR RECKLESS DISREGARD OF ITS OBLIGATION24
TO CONDUCT THE BACKGROUND CHECK AS PROVIDED BY LAW ; ORDINARY25
NEGLIGENCE OR UNINTENTIONAL OVERSIGHT IS NOT SUFFICIENT ;26
(b) THE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE27
1080
-7- TO BE HIRED PURSUANT TO SECTION 26.5-5-304.5 (2)(b); AND1
(c) T
HE INDIVIDUAL COMMI TTED ONE OF THE FOLLOWING2
OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN3
CONTACT IN THE COURSE OF THE INDIVIDUAL 'S EMPLOYMENT WITH THE4
YOUTH SPORTS ORGANIZATION :5
(I) S
EXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;6
(II) S
EXUAL OFFENSE AGAINST A CHILD; OR7
(III) C
HILD ABUSE AS DESCRIBED IN SECTION 18-6-401.8
9
SECTION 4. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2024 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
1080
-8-