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-