Colorado 2024 2024 Regular Session

Colorado Senate Bill SB113 Engrossed / Bill

Filed 04/19/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0491.01 Michael Dohr x4347
SENATE BILL 24-113
Senate Committees House Committees
Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MAKE YOUTH SPORTS SAFER , AND, IN
101
CONNECTION THEREWITH , MAKING AN APPROPRIATION .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 requires each public and private middle school, junior
high school, and high school (school) and organization that operates a
youth athletic activity to have each coach of a youth athletic activity
complete an abuse prevention training program.
The bill requires the office of school safety (office) to develop a
code of conduct for coaches, parents, spectators, and athletes, and
SENATE
3rd Reading Unamended
April 19, 2024
SENATE
Amended 2nd Reading
April 18, 2024
SENATE SPONSORSHIP
Coleman and Exum, Bridges, Buckner, Cutter, Fenberg, Ginal, Hansen, Jaquez Lewis,
Kolker, Marchman, Michaelson Jenet, Priola, Rodriguez, Sullivan, Winter F., Zenzinger
HOUSE SPONSORSHIP
Joseph and Willford,
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. requires coaches to comply with the code. A person may report a
violation of the code by a coach to the office, and the office will forward
the report to the appropriate school or organization. If a violation is
established, the school or organization must forward the found violation
to the office and the office shall determine whether the violator received
adequate due process. If the office makes that determination, the office
must include the found violation on the statewide list of found violations
on its website.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 8 to title
2
19 as follows:3
ARTICLE 84
Organized Youth Athletic Activities5
19-8-101.  Organized youth athletic activities - abuse6
prevention training - definitions. (1) (a) (I)  E
ACH YOUTH SPORTS
7
ORGANIZATION SHALL REQUIRE EACH COACH TO ANNUALLY COMPLETE AN8
ABUSE PREVENTION TRAINING PROGRAM AS DESCRIBED IN SUBSECTION9
(1)(a)(II) 
OF THIS SUBSECTION.
10
(II)  T
HE ABUSE PREVENTION TRAINING PROGRAM REQUIRED BY
11
SUBSECTION (1)(a)(I) OF THIS SECTION MUST INCLUDE INFORMATION AND12
TRAINING ON THE FOLLOWING:13
(A)  P
ROHIBITED CONDUCT BY COACHES ;
14
(B)  A
PPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS
15
AND COACHES;16
(C)  M
ANDATORY REPORTING REQUIREMENTS ;
17
(D)  H
OW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND
18
PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED CONDUCT POLICY19
DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION; AND20
(E)  H
OW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD
21
113-2- ABUSE, OR REPORTS OF BEHAVIORS VIOLATING THE PROHIBITED CONDUCT1
POLICY DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION IN A2
SUPPORTIVE AND APPROPRIATE MANNER THAT MEETS THE MANDATED3
REPORTING REQUIREMENTS PURSUANT TO COLORADO STATUTES.4
(b)  A
 YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC
5
EDUCATION COURSES THAT MEET THE REQUIREMENTS OF SUBSECTION6
(1)(a) 
OF THIS SECTION.
7
(c)  U
PON SUCCESSFUL COMPLETION OF THE ABUSE PREVENTION
8
TRAINING PROGRAM COURSE , A COACH SHALL SUBMIT EVIDENCE OF9
COMPLETION TO THE COACH'S YOUTH SPORTS ORGANIZATION .10
(d)  E
ACH YOUTH SPORTS OR GANIZATION SHALL MAINTAIN
11
RECORDS OF THE COMPLETION EVIDENCE SUBMITTED PURSUANT TO12
SUBSECTION (1)(c) OF THIS SECTION.13
(2) (a) (I)  E
ACH YOUTH SPORTS ORGANIZATION SHALL DEVELOP A
14
PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES .15
(II)  T
HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
16
(A)  A
 LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
17
COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR18
ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED CONDUCT ;19
(B)  A
 CODE OF CONDUCT FOR PARENTS , SPECTATORS, COACHES,
20
AND ATHLETES TO FOLLOW;21
(C)  A
 SYSTEM FOR REPORTING VIOLATIONS OF THE PROHIBITED
22
CONDUCT POLICY OR CODE OF CONDUCT TO THE YOUTH SPORTS23
ORGANIZATION; AND24
(D)  A
 PROCESS FOR INVESTIGATIONS , DUE PROCESS
25
REQUIREMENTS, AND SANCTIONS FOR VIOLATIONS OF THE PROHIBITED26
CONDUCT POLICY OR CODE OF CONDUCT ;27
113
-3- (b)  EACH YOUTH SPORTS ORGANIZATION SHALL REQUIRE EACH OF1
ITS COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY2
DEVELOPED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.3
(c) (I) E
ACH YOUTH SPORTS ORGANIZATION SHALL CREATE AN
4
ONLINE REPORTING PORTAL FOR VIOLATIONS BY A COACH OF THE5
PROHIBITED CONDUCT POLICY DEVELOPED PURSUANT TO SUBSECTION6
(2)(a) 
OF THIS SECTION. UPON RECEIPT OF A REPORTED VIOLATION , THE
7
YOUTH SPORTS ORGANIZATION SHALL INVESTIGATE THE REPORT .8
(II)  I
F, AFTER INVESTIGATION, THE YOUTH SPORTS ORGANIZATION
9
DETERMINES THERE WAS A VIOLATION OF THE PROHIBITED CONDUCT10
POLICY, THE YOUTH SPORTS ORGANIZATION SHALL BAN THE COACH FROM11
THE ORGANIZATION.12
(3)  E
ACH YOUTH SPORTS ORGANIZATION SHALL POST THE NOTICE
13
CREATED PURSUANT TO SECTION 6-1-735 ON ITS WEBSITE, AND IF THE14
YOUTH SPORTS ORGANIZATION DOES NOT HAVE A WEBSITE , IT SHALL15
PROVIDE THE NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF EACH16
PARTICIPANT.17
(4)  A
S USED IN THIS ARTICLE 8, UNLESS THE CONTEXT OTHERWISE
18
REQUIRES:19
(a)  "A
BUSE" MEANS PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE
20
OR EXPLOITATION, OR NEGLIGENT TREATMENT OF A CHILD .21
(b) (I)  "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
22
FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS23
CORE FUNCTION, PROVIDES PERSONS WHO ARE EIGHTEEN YEARS OF AGE OR24
YOUNGER THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE25
OR RECREATIONAL SPORTING EVENTS , WHETHER INDIVIDUALLY OR AS A26
TEAM.27
113
-4- (II)  "YOUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:1
(A)  A
 NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN
2
SECTION 26.5-5-303;3
(B)  A
 PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
4
KINDERGARTEN THROUGH TWELVE ;5
(C)  A
 PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR
6
(D)  A
N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
7
TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR8
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.9
SECTION 2. In Colorado Revised Statutes, add 26.5-5-304.5 as10
follows:11
26.5-5-304.5.  Application of part - youth sports organizations12
- background checks required - definitions. (1)  N
OTWITHSTANDING
13
ANY PROVISION OF THIS PART 3 TO THE CONTRARY, A YOUTH SPORTS14
ORGANIZATION THAT IS NOT LICENSED PURSUANT TO THIS PART 3 ON THE15
EFFECTIVE DATE OF THIS SECTION IS SUBJECT ONLY TO THE REQUIREMENTS16
OF THIS SECTION AND IS OTHERWISE EXEMPT FROM THE REQUIREMENTS OF17
THIS PART 3.18
(2) (a)  A
 YOUTH SPORTS ORGANIZATION OPERATING IN THE STATE
19
OF COLORADO SHALL REQUIRE ALL EMPLOYEES AND VOLUNTEERS WHO20
WORK DIRECTLY, OR WILL WORK DIRECTLY, WITH YOUTH MEMBERS, AND21
ANY EMPLOYEE OR VOLUNTEER WHO ACCOMPANIES THE YOUTH SPORTS22
ORGANIZATION ON ANY TRIP THAT INCLUDES ONE OR MORE OVERNIGHT23
STAYS, TO OBTAIN, PRIOR TO STARTING THE WORK OR TAKING THE TRIP ,24
AND EVERY THREE YEARS THEREAFTER , A CRIMINAL HISTORY RECORD25
CHECK BY A PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING26
AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT27
113
-5- A MINIMUM, SEXUAL OFFENDERS AND FELONY CONVICTIONS AND1
INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE2
C
OLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . THE CRIMINAL
3
HISTORY RECORD CHECK MUST ASCERTAIN WHETHER THE PERSON BEING4
INVESTIGATED HAS BEEN CONVICTED OF FELONY CHILD ABUSE AS5
SPECIFIED IN SECTION 18-6-401, A FELONY OFFENSE INVOLVING UNLAWFUL6
SEXUAL BEHAVIOR AS DEFINED IN SECTION 16-22-102 (9), OR A7
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE .8
(b)  A
 YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A PERSON AS
9
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 A COMPARABLE OFFENSE COMMITTED IN ANY15
OTHER STATE.16
(3) (a)  A
 PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER , WHO
17
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 YOUTH
24
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
113
-6- THE TEAM, AND WHO HAS AN IMMEDIATE FAMILY MEMBER PARTICIPATING1
IN THE YOUTH SPORTS ORGANIZATION . A VOLUNTEER DESCRIBED BY THIS2
SUBSECTION (3)(b) MUST BE SUPERVISED AT ALL TIMES BY AN EMPLOYEE3
OR VOLUNTEER WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A4
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (2) OF THIS5
SECTION.6
(4)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
7
REQUIRES:8
(a)  "E
MPLOYEE" MEANS A PAID EMPLOYEE OF A YOUTH SPORTS
9
ORGANIZATION WHO IS EIGHTEEN YEARS OF AGE OR OLDER .10
(b)  "V
OLUNTEER" MEANS A PERSON WHO VOLUNTEERS TO ASSIST
11
A YOUTH SPORTS ORGANIZATION .12
(c) (I)  "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
13
FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS14
CORE FUNCTION, PROVIDES PERSONS WHO ARE EIGHTEEN YEARS OF AGE OR15
YOUNGER THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE16
OR RECREATIONAL SPORTING EVENTS , WHETHER INDIVIDUALLY OR AS A17
TEAM.18
(II)  "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
19
(A)  A
 NEIGHBORHOOD YOUTH ORGANIZATION AS DEFINED IN
20
SECTION 26.5-5-303;21
(B)  A
 PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
22
KINDERGARTEN THROUGH TWELVE ;23
(C)  A
 PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR
24
(D)  A
N ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
25
TO PARTICIPATE IN AN UNSUPERVISED , UNSCHEDULED COMPETITIVE OR26
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.27
113
-7- SECTION 3. In Colorado Revised Statutes, add 6-1-735 as1
follows:2
6-1-735.  Organized youth athletic activities - notice of3
requirements. T
HE ATTORNEY GENERAL SHALL DRAFT A NOTICE THAT
4
EXPLAINS THE REQUIREMENTS OF SECTIONS 19-8-101 AND 26.5-5-304.55
AND SHALL MAKE THE NOTICE AVAILABLE TO ALL YOUTH SPORTS6
ORGANIZATIONS, AS DEFINED IN SECTION 19-8-101 (4), FOR A YOUTH7
SPORTS ORGANIZATION TO POST ON ITS WEBSITE OR PROVIDE TO PARENTS8
OR LEGAL GUARDIANS UNDER THE YOUTH SPORTS ORGANIZATION 'S NAME.9
SECTION 4. Appropriation. For the 2024-25 state fiscal year,10
$113,033 is appropriated to the department of law. This appropriation is11
from the general fund and is based on an assumption that the department12
will require an additional 0.7 FTE. To implement this act, the department13
may use this appropriation for consumer protection and antitrust.14
SECTION 5. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2024 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
113
-8-