Colorado 2024 2024 Regular Session

Colorado Senate Bill SB113 Amended / Bill

Filed 05/05/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0491.01 Michael Dohr x4347
SENATE BILL 24-113
Senate Committees House Committees
Education Education
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MAKE YOUTH SPORTS 
SAFER.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 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
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
HOUSE
Amended 2nd Reading
May 5, 2024
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. 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 part 4 to article2
4 of title 26.5 as follows:3
PART 44
YOUTH SPORTS ORGANIZATIONS5
26.5-4-401. Definitions. AS USED IN THIS PART 4, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1) "ABUSE" MEANS PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE8
OR EXPLOITATION, OR NEGLIGENT TREATMENT OF A CHILD .9
(2)  "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS10
A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT11
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE12
YOUTH ATHLETIC ACTIVITY BY A PERSON, INCLUDING THE ACTION OF13
OTHER VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION14
IN A PASSING, GENERAL, OR NOMINAL MANNER.15
(3) (a) "YOUTH SPORTS ORGANIZATION" MEANS A PRIVATE16
FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS17
CORE FUNCTION, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS18
OF AGE THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR19
RECREATIONAL SPORTING ACTIVITIES, WHETHER INDIVIDUALLY OR AS A20
TEAM, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL21
TO A NONATHLETIC PROGRAM OR LESSON .22
113-2- (b)  "YOUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:1
(I) A NEIGHBORHOOD YOUTH ORGANIZATION , AS DEFINED IN2
SECTION 26.5-5-303;3
(II) A PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES4
KINDERGARTEN THROUGH TWELVE ;5
(III)  A LICENSED CHILD-CARE FACILITY;6
(IV)  A PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR7
(V)  AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY8
TO PARTICIPATE IN AN UNSUPERVISED, UNSCHEDULED COMPETITIVE OR9
RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.10
26.5-4-402.   Organized youth athletic activities - abuse11
prevention training. (1) (a)  STARTING JULY 1, 2025, EACH YOUTH12
SPORTS ORGANIZATION SHALL REQUIRE EACH COACH TO ANNUALLY13
COMPLETE MANDATORY REPORTER TRAINING THAT ADHERES TO THE14
RECOMMENDATIONS OF THE MANDATORY REPORTER TRAINING TASK15
FORCE PURSUANT TO SECTION 19-3-304.2.16
(b) EACH YOUTH SPORTS ORGANIZATION SHALL ENCOURAGE EACH17
COACH TO ANNUALLY COMPLETE AN ABUSE PREVENTION TRAINING18
PROGRAM THAT INCLUDES THE FOLLOWING :19
(I)  PROHIBITED CONDUCT BY COACHES ;20
(II)  APPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS21
AND COACHES;22
     23
(III)  HOW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND24
PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED C ONDUCT POLICY25
DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION; AND26
(IV)  HOW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD27
113
-3- 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
     5
(2) (a) (I)  E
ACH YOUTH SPORTS ORGANIZATION SHALL DEVELOP A
6
PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES .7
(II)  T
HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
8
(A)  A
 LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
9
COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR10
ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED C ONDUCT	; AND11
(B)  A
 CODE OF CONDUCT FOR PARENTS , SPECTATORS, COACHES,
12
AND ATHLETES TO FOLLOW.13
(III) A YOUTH SPORTS ORGANIZATION MAY ADOPT THE MODEL14
CODE OF CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT15
PURSUANT TO SECTION 26.5-1-116.16
(b)  E
ACH YOUTH SPORTS ORGANIZATION SHALL REQUIRE EACH OF
17
ITS COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY18
DEVELOPED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.19
     20
(3)  E
ACH YOUTH SPORTS ORGANIZATION SHALL POST THE NOTICE
21
CREATED PURSUANT TO SECTION 6-1-735 ON ITS WEBSITE, AND IF THE22
YOUTH SPORTS ORGANIZATION DOES NOT HAVE A WEBSITE , IT SHALL23
PROVIDE THE NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF EACH24
PARTICIPANT.25
     26
26.5-4-403. Background checks required. (1) (a) A YOUTH27
113
-4- SPORTS ORGANIZATION OPERATING IN THE STATE OF COLORADO SHALL1
REQUIRE ALL COACHES TO OBTAIN, PRIOR TO STARTING WORK, A CRIMINAL2
HISTORY RECORD CHECK BY A PRIVATE ENTITY REGULATED AS A3
CONSUMER REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET4
SEQ., AND THAT DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND5
FELONY CONVICTIONS AND INCLUDES A SOCIAL SECURITY NUMBER TRACE6
AND A SEARCH OF THE COLORADO JUDICIAL PUBLIC RECORDS ACCESS7
SYSTEM. THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN TO THE8
EXTENT POSSIBLE WHETHER THE PERSON BEING INVESTIGATED HAS BEEN9
CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401;10
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED11
IN SECTION 16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED IN12
ANY OTHER STATE.13
(b) A YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A COACH IF14
A CRIMINAL HISTORY RECORD CHECK OF THE PERSON PERFORMED15
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION SHOWS THAT THE16
PERSON HAS BEEN CONVICTED OF, PLED NOLO CONTENDERE TO, OR HAS17
RECEIVED A DEFERRED SENTENCE OR DEFERRED PROSECUTION FOR FELONY18
CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401; A FELONY OFFENSE19
INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION20
16-22-102 (9);OR ANY COMPARABLE OFFENSE COMMITTED IN ANY OTHER21
STATE.22
(2)  A YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS23
OF A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND24
EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS25
THE YOUTH SPORTS ORGANIZATION KNOWS THE INFORMATION IS FALSE OR26
ACTS WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH27
113
-5- INFORMATION.1
SECTION 2. In Colorado Revised Statutes, add article 7.1 to title2
29 as follows:3
ARTICLE 7.14
Local Government-sponsored Youth Athletic5
Activity Requirements6
29-7.1-101. Definitions. AS USED IN THIS ARTICLE 7.1, UNLESS7
THE CONTEXT OTHERWISE REQUIRES :8
(1)  "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS9
A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT10
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE11
YOUTH ATHLETIC ACTIVITY BY A PERSON, INCLUDING THE ACTION OF12
OTHER VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A13
PASSING, GENERAL, OR NOMINAL MANNER.14
(2) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH15
IN SECTION 29-1-102.16
(3)  "YOUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC17
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN18
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC19
GAME, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC20
ACTIVITY" DOES NOT INCLUDE TRAVEL OR TRIPS NOT ORGANIZED OR21
SUPERVISED BY THE LOCAL GOVERNMENT .22
29-7.1-102. Organized youth athletic activities - code of23
conduct. (1) (a) EACH LOCAL GOVERNMENT SHALL MAKE AVAILABLE A24
PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES.25
(b)  THE PROHIBITED CONDUCT POLICY MUST INCLUDE :26
(I) A LIST OF PROHIBITED CONDUCT BY PARENTS, SPECTATORS,27
113
-6- COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR1
ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED C ONDUCT; AND2
(II) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES,3
AND ATHLETES TO FOLLOW;4
(c) A LOCAL GOVERNMENT MAY ADOPT THE MODEL CODE OF5
CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO6
SECTION 26.5-1-116.7
(2) EACH LOCAL GOVERNMENT SHALL REQUIRE EACH OF ITS8
COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY CREATED9
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION.10
29-7.1-103. Criminal history record check for paid coaches.11
(1) (a) PRIOR TO THE EMPLOYMENT OF ANY PERSON AS A COACH OF A12
YOUTH ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT, THE LOCAL13
GOVERNMENT SHALL REQUIRE A CRIMINAL HISTORY RECORD CHECK OF14
THE PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER15
REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT16
DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS17
AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE18
COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .19
(b) THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN20
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF ,21
PLED NOLO CONTENDERE TO, OR HAS RECEIVED A DEFERRED SENTENCE OR22
DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN23
SECTION 18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL24
BEHAVIOR, AS DEFINED IN SECTION 16-22-102 (9); OR A COMPARABLE25
OFFENSE COMMITTED IN ANY OTHER STATE .26
(2) A PERSON WHO HAS BEEN CONVICTED OF, PLED NOLO27
113
-7- CONTENDERE TO, OR RECEIVED A DEFERRED SENTENCE OR DEFERRED1
PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION2
18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR,3
AS DEFINED IN SECTION 16-22-102; OR A OFFENSE COMMITTED IN ANY4
OTHER STATE IS DISQUALIFIED FROM EMPLOYMENT AS A COACH OF A5
YOUTH ATHLETIC ACTIVITY.6
29-7.1-104. Criminal history record checks - fees - reliance -7
not an open record. (1) A LOCAL GOVERNMENT MAY CHARGE A PERSON8
ANY FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS9
ARTICLE 7.1.10
(2) THIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR11
SUBSEQUENT CRIMINAL HISTORY RECORD CHECK FOR A COACH WHO HAS12
HAD A CRIMINAL HISTORY RECORD CHECK PRIOR TO THE EFFECTIVE DATE13
OF THIS ARTICLE 7.1.14
(3) A LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE15
CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND16
EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS17
THE LOCAL GOVERNMENT KNOWS THE INFORMATION IS FALSE OR ACTS18
WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH19
INFORMATION.20
(4)  ANY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON21
THE CRIMINAL HISTORY RECORD CHECK FOR A COACH AS REQUIRED BY22
THIS ARTICLE 7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART 2 OF23
ARTICLE 72 OF TITLE 24.24
SECTION 3. In Colorado Revised Statutes, add 26.5-1-116 as25
follows:26
26.5-1-116. Youth sports organization model code of conduct.27
113
-8- THE DEPARTMENT SHALL MAKE AVAILABLE A YOUTH SPORTS1
ORGANIZATION MODEL CODE OF CONDUCT POLICY THAT ADDRESSES THE2
MATTERS DESCRIBED IN SECTION 26.5-4-402 (1)(b).3
SECTION 4. In Colorado Revised Statutes, add 6-1-735 as4
follows:5
6-1-735.  Organized youth athletic activities - notice of6
requirements. T
HE ATTORNEY GENERAL SHALL DRAFT A NOTICE THAT
7
EXPLAINS THE REQUIREMENTS OF PART 4 OF ARTICLE 4 OF TITLE 26.5 AND8
SHALL MAKE THE NOTICE AVAILABLE TO ALL YOUTH SPORTS9
ORGANIZATIONS, AS DEFINED IN SECTION 26.5-4-401, FOR A YOUTH SPORTS10
ORGANIZATION TO POST ON ITS WEBSITE OR PROVIDE TO PARENTS OR11
LEGAL GUARDIANS UNDER THE YOUTH SPORTS ORGANIZATION 'S NAME.12
     13
SECTION 5. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
113
-9-