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-