Colorado 2024 Regular Session

Colorado Senate Bill SB113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0491.01 Michael Dohr x4347
1	8		SENATE BILL 24-113
2		-	BY SENATOR(S) Coleman and Exum, Bridges, Buckner, Cutter, Ginal,
3		-	Hansen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola,
4		-	Rodriguez, Sullivan, Winter F., Zenzinger, Fenberg;
5		-	also REPRESENTATIVE(S) Joseph and Willford, Bacon, Brown, Duran,
6		-	Herod, Jodeh, Kipp, Ricks.
	9	+	Senate Committees House Committees
	10	+	Education Education
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
7	13		C
8		-	ONCERNING MEASURES TO MAKE YOUTH SPORTS SAFER .
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, add part 4 to article 4
12		-	of title 26.5 as follows:
13		-	PART 4
14		-	YOUTH SPORTS ORGANIZATIONS
15		-	26.5-4-401. Definitions. A
16		-	S USED IN THIS PART 4, UNLESS THE
17		-	CONTEXT OTHERWISE REQUIRES
18		-	:
19		-	(1) "A
20		-	BUSE" MEANS PHYSICAL OR MENTAL INJURY , SEXUAL ABUSE
21		-	OR EXPLOITATION
22		-	, OR NEGLIGENT TREATMENT OF A CHILD .
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (2) "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS A
31		-	COACH
32		-	, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
33		-	DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
34		-	YOUTH ATHLETIC ACTIVITY BY A PERSON
35		-	, INCLUDING THE ACTION OF OTHER
36		-	VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION IN A
37		-	PASSING
38		-	, GENERAL, OR NOMINAL MANNER.
39		-	(3) (a) "Y
40		-	OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
41		-	FOR
42		-	-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS CORE
43		-	FUNCTION
44		-	, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS OF AGE
45		-	THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR
46		-	RECREATIONAL SPORTING ACTIVITIES
47		-	, WHETHER INDIVIDUALLY OR AS A
48		-	TEAM
49		-	, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL TO
50		-	A NONATHLETIC PROGRAM OR LESSON
51		-	.
52		-	(b) "Y
53		-	OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
54		-	(I) A
55		-	NEIGHBORHOOD YOUTH OR GANIZATION , AS DEFINED IN SECTION
56		-	26.5-5-303;
57		-	(II) A
58		-	PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
59		-	KINDERGARTEN THROUGH TWELVE
60		-	;
61		-	(III) A
62		-	LICENSED CHILD-CARE FACILITY;
63		-	(IV) A
64		-	PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION ; OR
65		-	(V) AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
66		-	TO PARTICIPATE IN AN UNSUPERVISED
67		-	, UNSCHEDULED COMPETITIVE OR
68		-	RECREATIONAL SPORTING EVENT ON A WALK
69		-	-IN BASIS.
70		-	26.5-4-402. Organized youth athletic activities - abuse
71		-	prevention training. (1) (a) S
72		-	TARTING JULY 1, 2025, EACH YOUTH SPORTS
73		-	ORGANIZATION SHALL REQUIRE EACH COACH TO ANNUALLY COMPLETE
74		-	MANDATORY REPORTER TRAINING THAT ADHERES TO THE
75		-	RECOMMENDATIONS OF THE MANDATORY REPORTER TRAINING TASK FORCE
76		-	PURSUANT TO SECTION
77		-	19-3-304.2.
78		-	(b) E
79		-	ACH YOUTH SPORTS ORGANIZATION SHALL ENCOURAGE EACH
80		-	COACH TO ANNUALLY COMPLETE AN ABUSE PREVENTION TRAINING PROGRAM
81		-	PAGE 2-SENATE BILL 24-113 THAT INCLUDES THE FOLLOWING :
82		-	(I) P
83		-	ROHIBITED CONDUCT BY COACHES ;
84		-	(II) A
85		-	PPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS
86		-	AND COACHES
87		-	;
88		-	(III) H
89		-	OW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND
90		-	PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED C ONDUCT POLICY
91		-	DEVELOPED PURSUANT TO SUBSECTION
92		-	(2) OF THIS SECTION; AND
93		-	(IV) HOW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD
94		-	ABUSE
95		-	, OR REPORTS OF BEHAVIORS VIOLATING THE PROHIBITED CONDUCT
96		-	POLICY DEVELOPED PURSUANT TO SUBSECTION
97		-	(2) OF THIS SECTION IN A
98		-	SUPPORTIVE AND APPROPRIATE MANNER THAT MEETS THE MANDATED
99		-	REPORTING REQUIREMENTS PURSUANT TO
100		-	COLORADO STATUTES.
	14	+	ONCERNING MEASURES TO MAKE YOUTH SPORTS
	15	+	SAFER.101
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill requires each public and private middle school, junior
	24	+	high school, and high school (school) and organization that operates a
	25	+	youth athletic activity to have each coach of a youth athletic activity
	26	+	complete an abuse prevention training program.
	27	+	The bill requires the office of school safety (office) to develop a
	28	+	code of conduct for coaches, parents, spectators, and athletes, and
	29	+	requires coaches to comply with the code. A person may report a
	30	+	violation of the code by a coach to the office, and the office will forward
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	May 6, 2024
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	May 5, 2024
	37	+	SENATE
	38	+	3rd Reading Unamended
	39	+	April 19, 2024
	40	+	SENATE
	41	+	Amended 2nd Reading
	42	+	April 18, 2024
	43	+	SENATE SPONSORSHIP
	44	+	Coleman and Exum, Bridges, Buckner, Cutter, Fenberg, Ginal, Hansen, Jaquez Lewis,
	45	+	Kolker, Marchman, Michaelson Jenet, Priola, Rodriguez, Sullivan, Winter F., Zenzinger
	46	+	HOUSE SPONSORSHIP
	47	+	Joseph and Willford, Bacon, Brown, Duran, Herod, Jodeh, Kipp, Ricks
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. the report to the appropriate school or organization. If a violation is
	51	+	established, the school or organization must forward the found violation
	52	+	to the office and the office shall determine whether the violator received
	53	+	adequate due process. If the office makes that determination, the office
	54	+	must include the found violation on the statewide list of found violations
	55	+	on its website.
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, add part 4 to article2
	58	+	4 of title 26.5 as follows:3
	59	+	PART 44
	60	+	YOUTH SPORTS ORGANIZATIONS5
	61	+	26.5-4-401. Definitions. AS USED IN THIS PART 4, UNLESS THE6
	62	+	CONTEXT OTHERWISE REQUIRES :7
	63	+	(1) "ABUSE" MEANS PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE8
	64	+	OR EXPLOITATION, OR NEGLIGENT TREATMENT OF A CHILD .9
	65	+	(2) "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS10
	66	+	A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT11
	67	+	DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE12
	68	+	YOUTH ATHLETIC ACTIVITY BY A PERSON, INCLUDING THE ACTION OF13
	69	+	OTHER VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION14
	70	+	IN A PASSING, GENERAL, OR NOMINAL MANNER.15
	71	+	(3) (a) "YOUTH SPORTS ORGANIZATION" MEANS A PRIVATE16
	72	+	FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS17
	73	+	CORE FUNCTION, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS18
	74	+	OF AGE THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR19
	75	+	RECREATIONAL SPORTING ACTIVITIES, WHETHER INDIVIDUALLY OR AS A20
	76	+	TEAM, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL21
	77	+	TO A NONATHLETIC PROGRAM OR LESSON .22
	78	+	113-2- (b) "YOUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:1
	79	+	(I) A NEIGHBORHOOD YOUTH ORGANIZATION , AS DEFINED IN2
	80	+	SECTION 26.5-5-303;3
	81	+	(II) A PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES4
	82	+	KINDERGARTEN THROUGH TWELVE ;5
	83	+	(III) A LICENSED CHILD-CARE FACILITY;6
	84	+	(IV) A PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION; OR7
	85	+	(V) AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY8
	86	+	TO PARTICIPATE IN AN UNSUPERVISED, UNSCHEDULED COMPETITIVE OR9
	87	+	RECREATIONAL SPORTING EVENT ON A WALK -IN BASIS.10
	88	+	26.5-4-402. Organized youth athletic activities - abuse11
	89	+	prevention training. (1) (a) STARTING JULY 1, 2025, EACH YOUTH12
	90	+	SPORTS ORGANIZATION SHALL REQUIRE EACH COACH TO ANNUALLY13
	91	+	COMPLETE MANDATORY REPORTER TRAINING THAT ADHERES TO THE14
	92	+	RECOMMENDATIONS OF THE MANDATORY REPORTER TRAINING TASK15
	93	+	FORCE PURSUANT TO SECTION 19-3-304.2.16
	94	+	(b) EACH YOUTH SPORTS ORGANIZATION SHALL ENCOURAGE EACH17
	95	+	COACH TO ANNUALLY COMPLETE AN ABUSE PREVENTION TRAINING18
	96	+	PROGRAM THAT INCLUDES THE FOLLOWING :19
	97	+	(I) PROHIBITED CONDUCT BY COACHES ;20
	98	+	(II) APPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS21
	99	+	AND COACHES;22
	100	+	23
	101	+	(III) HOW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND24
	102	+	PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED C ONDUCT POLICY25
	103	+	DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION; AND26
	104	+	(IV) HOW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD27
	105	+	113
	106	+	-3- ABUSE, OR REPORTS OF BEHAVIORS VIOLATING THE PROHIBITED CONDUCT1
	107	+	POLICY DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION IN A2
	108	+	SUPPORTIVE AND APPROPRIATE MANNER THAT MEETS THE MANDATED3
	109	+	REPORTING REQUIREMENTS PURSUANT TO COLORADO STATUTES.4
	110	+	5
101	111		(2) (a) (I) E
102	112		ACH YOUTH SPORTS ORGANIZATION SHALL DEVELOP A
103		-	~~PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES~~
104		-	.
	113	+	6
	114	+	PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES .7
105	115		(II) T
106	116		HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
	117	+	8
107	118		(A) A
108	119		LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
109		-	COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR
110		-	ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED CONDUCT
111		-	; AND
112		-	(B) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES, AND
113		-	ATHLETES TO FOLLOW
114		-	.
115		-	(III) A
116		-	YOUTH SPORTS ORGANIZATION MAY ADOPT THE MODEL CODE
117		-	OF CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO
118		-	SECTION
119		-	26.5-1-117.
	120	+	9
	121	+	COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR10
	122	+	ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED C ONDUCT ; AND11
	123	+	(B) A
	124	+	CODE OF CONDUCT FOR PARENTS , SPECTATORS, COACHES,
	125	+	12
	126	+	AND ATHLETES TO FOLLOW.13
	127	+	(III) A YOUTH SPORTS ORGANIZATION MAY ADOPT THE MODEL14
	128	+	CODE OF CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT15
	129	+	PURSUANT TO SECTION 26.5-1-116.16
120	130		(b) E
121		-	ACH YOUTH SPORTS ORGANIZATION SHALL REQUIRE EACH OF ITS
122		-	COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY DEVELOPED
123		-	PURSUANT TO SUBSECTION
124		-	(2)(a) OF THIS SECTION.
	131	+	ACH YOUTH SPORTS ORGANIZATION SHALL REQUIRE EACH OF
	132	+	17
	133	+	ITS COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY18
	134	+	DEVELOPED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.19
	135	+	20
125	136		(3) E
126	137		ACH YOUTH SPORTS ORGANIZATION SHALL POST THE NOTICE
127		-	CREATED PURSUANT TO SECTION
128		-	6-1-736 ON ITS WEBSITE, AND IF THE YOUTH
129		-	SPORTS ORGANIZATION DOES NOT HAVE A WEBSITE
130		-	, IT SHALL PROVIDE THE
131		-	PAGE 3-SENATE BILL 24-113 NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF EACH PARTICIPANT .
132		-	26.5-4-403. Background checks required. (1) (a) A
133		-	YOUTH
134		-	SPORTS ORGANIZATION OPERATING IN THE STATE OF
135		-	COLORADO SHALL
136		-	REQUIRE ALL COACHES TO OBTAIN
137		-	, PRIOR TO STARTING WORK, A CRIMINAL
138		-	HISTORY RECORD CHECK BY A PRIVATE ENTITY REGULATED AS A CONSUMER
139		-	REPORTING AGENCY PURSUANT TO
140		-	15 U.S.C. SEC. 1681, ET SEQ., AND THAT
141		-	DISCLOSES
142		-	, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS
143		-	AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
144		-	COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . THE CRIMINAL
145		-	HISTORY RECORD CHECK MUST ASCERTAIN TO THE EXTENT POSSIBLE
146		-	WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
147		-	FELONY CHILD ABUSE AS SPECIFIED IN SECTION
148		-	18-6-401; A FELONY OFFENSE
149		-	INVOLVING UNLAWFUL SEXUAL BEHAVIOR
150		-	, AS DEFINED IN SECTION
151		-	16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED IN ANY OTHER
152		-	STATE
153		-	.
154		-	(b) A
155		-	YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A COACH IF A
156		-	CRIMINAL HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT
157		-	TO SUBSECTION
158		-	(1)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN
159		-	CONVICTED OF
160		-	, PLED NOLO CONTENDERE TO, OR HAS RECEIVED A DEFERRED
161		-	SENTENCE OR DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS
162		-	SPECIFIED IN SECTION
163		-	18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL
164		-	SEXUAL BEHAVIOR
165		-	, AS DEFINED IN SECTION 16-22-102 (9);OR ANY
166		-	COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE
167		-	.
168		-	(2) A
169		-	YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS OF
170		-	A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND
171		-	EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS THE
172		-	YOUTH SPORTS ORGANIZATION KNOWS THE INFORMATION IS FALSE OR ACTS
173		-	WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH
174		-	INFORMATION
175		-	.
176		-	SECTION 2. In Colorado Revised Statutes, add article 7.1 to title
177		-	29 as follows:
178		-	ARTICLE 7.1
179		-	Local Government-sponsored Youth Athletic
180		-	Activity Requirements
181		-	PAGE 4-SENATE BILL 24-113 29-7.1-101. Definitions. A S USED IN THIS ARTICLE 7.1, UNLESS THE
182		-	CONTEXT OTHERWISE REQUIRES
183		-	:
184		-	(1) "C
185		-	OACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS A
186		-	COACH
187		-	, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
188		-	DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
189		-	YOUTH ATHLETIC ACTIVITY BY A PERSON
190		-	, INCLUDING THE ACTION OF OTHER
191		-	VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A PASSING
192		-	,
193		-	GENERAL, OR NOMINAL MANNER.
194		-	(2) "L
195		-	OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
196		-	IN SECTION
197		-	29-1-102.
198		-	(3) "Y
199		-	OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
200		-	ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
201		-	EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
202		-	GAME
203		-	, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
204		-	DOES NOT INCLUDE TRAVEL OR TRIPS NOT ORGANIZED OR SUPERVISED BY
205		-	THE LOCAL GOVERNMENT
206		-	.
207		-	29-7.1-102. Organized youth athletic activities - code of conduct.
208		-	(1) (a) E
209		-	ACH LOCAL GOVERNMENT SHALL MAKE AVAILABLE A PROHIBITED
210		-	CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES
211		-	.
212		-	(b) T
213		-	HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
214		-	(I) A
215		-	LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
216		-	COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR
217		-	ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED CONDUCT
218		-	; AND
219		-	(II) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES, AND
220		-	ATHLETES TO FOLLOW
221		-	;
222		-	(c) A
223		-	LOCAL GOVERNMENT MAY ADOPT THE MODEL CODE OF
224		-	CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO
225		-	SECTION
226		-	26.5-1-117.
227		-	(2) E
228		-	ACH LOCAL GOVERNMENT SHALL REQUIRE EACH OF ITS
229		-	COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY CREATED
230		-	PURSUANT TO SUBSECTION
231		-	(1)(a) OF THIS SECTION.
232		-	PAGE 5-SENATE BILL 24-113 29-7.1-103. Criminal history record check for paid coaches.
233		-	(1) (a) P
234		-	RIOR TO THE EMPLOYMENT OF ANY PERSON AS A COACH OF A YOUTH
235		-	ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT
236		-	, THE LOCAL GOVERNMENT
237		-	SHALL REQUIRE A CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A
238		-	PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY
239		-	PURSUANT TO
240		-	15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
241		-	MINIMUM
242		-	, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
243		-	SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
244		-	COLORADO
245		-	JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
246		-	.
247		-	(b) T
248		-	HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
249		-	WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
250		-	, PLED
251		-	NOLO CONTENDERE TO
252		-	, OR HAS RECEIVED A DEFERRED SENTENCE OR
253		-	DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION
254		-	18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS
255		-	DEFINED IN SECTION
256		-	16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED
257		-	IN ANY OTHER STATE
258		-	.
259		-	(2) A
260		-	PERSON WHO HAS BEEN CONVICTED OF , PLED NOLO
261		-	CONTENDERE TO
262		-	, OR RECEIVED A DEFERRED SENTENCE OR DEFERRED
263		-	PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION
264		-	18-6-401;
265		-	A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED
266		-	IN SECTION
267		-	16-22-102; OR A OFFENSE COMMITTED IN ANY OTHER STATE IS
268		-	DISQUALIFIED FROM EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC
269		-	ACTIVITY
270		-	.
271		-	29-7.1-104. Criminal history record checks - fees - reliance - not
272		-	an open record. (1) A
273		-	LOCAL GOVERNMENT MAY CHARGE A PERSON ANY
274		-	FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS ARTICLE
275		-	7.1.
276		-	(2) T
277		-	HIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR SUBSEQUENT
278		-	CRIMINAL HISTORY RECORD CHECK FOR A COACH WHO HAS HAD A CRIMINAL
279		-	HISTORY RECORD CHECK PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
280		-	7.1.
281		-	(3) A
282		-	LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE
283		-	CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND EMPLOYMENT
284		-	DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS THE LOCAL
285		-	GOVERNMENT KNOWS THE INFORMATION IS FALSE OR ACTS WITH RECKLESS
286		-	DISREGARD CONCERNING THE VERACITY OF SUCH INFORMATION
287		-	.
288		-	PAGE 6-SENATE BILL 24-113 (4) ANY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON THE
289		-	CRIMINAL HISTORY RECORD CHECK FOR A COACH AS REQUIRED BY THIS
290		-	ARTICLE
291		-	7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART 2 OF ARTICLE 72 OF
292		-	TITLE
293		-	24.
294		-	SECTION 3. In Colorado Revised Statutes, add 26.5-1-117 as
295		-	follows:
296		-	26.5-1-117. Youth sports organization model code of conduct.
297		-	T
298		-	HE DEPARTMENT SHALL MAKE AVAILABLE A YOUTH SPORTS OR GANIZATION
299		-	MODEL CODE OF CONDUCT POLICY THAT ADDRESSES THE MATTERS
300		-	DESCRIBED IN SECTION
301		-	26.5-4-402 (1)(b).
302		-	SECTION 4. In Colorado Revised Statutes, add 6-1-736 as
303		-	follows:
304		-	6-1-736. Organized youth athletic activities - notice of
	138	+	21
	139	+	CREATED PURSUANT TO SECTION 6-1-735 ON ITS WEBSITE, AND IF THE22
	140	+	YOUTH SPORTS ORGANIZATION DOES NOT HAVE A WEBSITE , IT SHALL23
	141	+	PROVIDE THE NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF EACH24
	142	+	PARTICIPANT.25
	143	+	26
	144	+	26.5-4-403. Background checks required. (1) (a) A YOUTH27
	145	+	113
	146	+	-4- SPORTS ORGANIZATION OPERATING IN THE STATE OF COLORADO SHALL1
	147	+	REQUIRE ALL COACHES TO OBTAIN, PRIOR TO STARTING WORK, A CRIMINAL2
	148	+	HISTORY RECORD CHECK BY A PRIVATE ENTITY REGULATED AS A3
	149	+	CONSUMER REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET4
	150	+	SEQ., AND THAT DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND5
	151	+	FELONY CONVICTIONS AND INCLUDES A SOCIAL SECURITY NUMBER TRACE6
	152	+	AND A SEARCH OF THE COLORADO JUDICIAL PUBLIC RECORDS ACCESS7
	153	+	SYSTEM. THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN TO THE8
	154	+	EXTENT POSSIBLE WHETHER THE PERSON BEING INVESTIGATED HAS BEEN9
	155	+	CONVICTED OF FELONY CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401;10
	156	+	A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED11
	157	+	IN SECTION 16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED IN12
	158	+	ANY OTHER STATE.13
	159	+	(b) A YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A COACH IF14
	160	+	A CRIMINAL HISTORY RECORD CHECK OF THE PERSON PERFORMED15
	161	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION SHOWS THAT THE16
	162	+	PERSON HAS BEEN CONVICTED OF, PLED NOLO CONTENDERE TO, OR HAS17
	163	+	RECEIVED A DEFERRED SENTENCE OR DEFERRED PROSECUTION FOR FELONY18
	164	+	CHILD ABUSE AS SPECIFIED IN SECTION 18-6-401; A FELONY OFFENSE19
	165	+	INVOLVING UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN SECTION20
	166	+	16-22-102 (9);OR ANY COMPARABLE OFFENSE COMMITTED IN ANY OTHER21
	167	+	STATE.22
	168	+	(2) A YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS23
	169	+	OF A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND24
	170	+	EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS25
	171	+	THE YOUTH SPORTS ORGANIZATION KNOWS THE INFORMATION IS FALSE OR26
	172	+	ACTS WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH27
	173	+	113
	174	+	-5- INFORMATION.1
	175	+	SECTION 2. In Colorado Revised Statutes, add article 7.1 to title2
	176	+	29 as follows:3
	177	+	ARTICLE 7.14
	178	+	Local Government-sponsored Youth Athletic5
	179	+	Activity Requirements6
	180	+	29-7.1-101. Definitions. AS USED IN THIS ARTICLE 7.1, UNLESS7
	181	+	THE CONTEXT OTHERWISE REQUIRES :8
	182	+	(1) "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS9
	183	+	A COACH, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT10
	184	+	DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE11
	185	+	YOUTH ATHLETIC ACTIVITY BY A PERSON, INCLUDING THE ACTION OF12
	186	+	OTHER VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A13
	187	+	PASSING, GENERAL, OR NOMINAL MANNER.14
	188	+	(2) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH15
	189	+	IN SECTION 29-1-102.16
	190	+	(3) "YOUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC17
	191	+	ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN18
	192	+	EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC19
	193	+	GAME, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC20
	194	+	ACTIVITY" DOES NOT INCLUDE TRAVEL OR TRIPS NOT ORGANIZED OR21
	195	+	SUPERVISED BY THE LOCAL GOVERNMENT .22
	196	+	29-7.1-102. Organized youth athletic activities - code of23
	197	+	conduct. (1) (a) EACH LOCAL GOVERNMENT SHALL MAKE AVAILABLE A24
	198	+	PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES.25
	199	+	(b) THE PROHIBITED CONDUCT POLICY MUST INCLUDE :26
	200	+	(I) A LIST OF PROHIBITED CONDUCT BY PARENTS, SPECTATORS,27
	201	+	113
	202	+	-6- COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR1
	203	+	ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED C ONDUCT; AND2
	204	+	(II) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES,3
	205	+	AND ATHLETES TO FOLLOW;4
	206	+	(c) A LOCAL GOVERNMENT MAY ADOPT THE MODEL CODE OF5
	207	+	CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO6
	208	+	SECTION 26.5-1-116.7
	209	+	(2) EACH LOCAL GOVERNMENT SHALL REQUIRE EACH OF ITS8
	210	+	COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY CREATED9
	211	+	PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION.10
	212	+	29-7.1-103. Criminal history record check for paid coaches.11
	213	+	(1) (a) PRIOR TO THE EMPLOYMENT OF ANY PERSON AS A COACH OF A12
	214	+	YOUTH ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT, THE LOCAL13
	215	+	GOVERNMENT SHALL REQUIRE A CRIMINAL HISTORY RECORD CHECK OF14
	216	+	THE PERSON BY A PRIVATE ENTITY REGULATED AS A CONSUMER15
	217	+	REPORTING AGENCY PURSUANT TO 15 U.S.C. SEC. 1681, ET SEQ., THAT16
	218	+	DISCLOSES, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS17
	219	+	AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE18
	220	+	COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM .19
	221	+	(b) THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN20
	222	+	WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF ,21
	223	+	PLED NOLO CONTENDERE TO, OR HAS RECEIVED A DEFERRED SENTENCE OR22
	224	+	DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN23
	225	+	SECTION 18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL24
	226	+	BEHAVIOR, AS DEFINED IN SECTION 16-22-102 (9); OR A COMPARABLE25
	227	+	OFFENSE COMMITTED IN ANY OTHER STATE .26
	228	+	(2) A PERSON WHO HAS BEEN CONVICTED OF, PLED NOLO27
	229	+	113
	230	+	-7- CONTENDERE TO, OR RECEIVED A DEFERRED SENTENCE OR DEFERRED1
	231	+	PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION2
	232	+	18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR,3
	233	+	AS DEFINED IN SECTION 16-22-102; OR A OFFENSE COMMITTED IN ANY4
	234	+	OTHER STATE IS DISQUALIFIED FROM EMPLOYMENT AS A COACH OF A5
	235	+	YOUTH ATHLETIC ACTIVITY.6
	236	+	29-7.1-104. Criminal history record checks - fees - reliance -7
	237	+	not an open record. (1) A LOCAL GOVERNMENT MAY CHARGE A PERSON8
	238	+	ANY FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS9
	239	+	ARTICLE 7.1.10
	240	+	(2) THIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR11
	241	+	SUBSEQUENT CRIMINAL HISTORY RECORD CHECK FOR A COACH WHO HAS12
	242	+	HAD A CRIMINAL HISTORY RECORD CHECK PRIOR TO THE EFFECTIVE DATE13
	243	+	OF THIS ARTICLE 7.1.14
	244	+	(3) A LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE15
	245	+	CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND16
	246	+	EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS17
	247	+	THE LOCAL GOVERNMENT KNOWS THE INFORMATION IS FALSE OR ACTS18
	248	+	WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH19
	249	+	INFORMATION.20
	250	+	(4) ANY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON21
	251	+	THE CRIMINAL HISTORY RECORD CHECK FOR A COACH AS REQUIRED BY22
	252	+	THIS ARTICLE 7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART 2 OF23
	253	+	ARTICLE 72 OF TITLE 24.24
	254	+	SECTION 3. In Colorado Revised Statutes, add 26.5-1-116 as25
	255	+	follows:26
	256	+	26.5-1-116. Youth sports organization model code of conduct.27
	257	+	113
	258	+	-8- THE DEPARTMENT SHALL MAKE AVAILABLE A YOUTH SPORTS1
	259	+	ORGANIZATION MODEL CODE OF CONDUCT POLICY THAT ADDRESSES THE2
	260	+	MATTERS DESCRIBED IN SECTION 26.5-4-402 (1)(b).3
	261	+	SECTION 4. In Colorado Revised Statutes, add 6-1-735 as4
	262	+	follows:5
	263	+	6-1-735. Organized youth athletic activities - notice of6
305	264		requirements. T
306	265		HE ATTORNEY GENERAL SHALL DRAFT A NOTICE THAT
307		-	EXPLAINS THE REQUIREMENTS OF PART
308		-	4 OF ARTICLE 4 OF TITLE 26.5 AND
309		-	SHALL MAKE THE NOTICE AVAILABLE TO ALL YOUTH SPORTS
310		-	ORGANIZATIONS
311		-	, AS DEFINED IN SECTION 26.5-4-401, FOR A YOUTH SPORTS
312		-	ORGANIZATION TO POST ON ITS WEBSITE OR PROVIDE TO PARENTS OR LEGAL
313		-	GUARDIANS UNDER THE YOUTH SPORTS ORGANIZATION
314		-	'S NAME.
315		-	SECTION 5. Act subject to petition - effective date. This act
316		-	takes effect at 12:01 a.m. on the day following the expiration of the
317		-	ninety-day period after final adjournment of the general assembly; except
318		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
319		-	of the state constitution against this act or an item, section, or part of this act
320		-	within such period, then the act, item, section, or part will not take effect
321		-	unless approved by the people at the general election to be held in
322		-	PAGE 7-SENATE BILL 24-113 November 2024 and, in such case, will take effect on the date of the official
323		-	declaration of the vote thereon by the governor.
324		-	____________________________ ____________________________
325		-	Steve Fenberg Julie McCluskie
326		-	PRESIDENT OF SPEAKER OF THE HOUSE
327		-	THE SENATE OF REPRESENTATIVES
328		-	____________________________ ____________________________
329		-	Cindi L. Markwell Robin Jones
330		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
331		-	THE SENATE OF REPRESENTATIVES
332		-	APPROVED________________________________________
333		-	(Date and Time)
334		-	_________________________________________
335		-	Jared S. Polis
336		-	GOVERNOR OF THE STATE OF COLORADO
337		-	PAGE 8-SENATE BILL 24-113
	266	+	7
	267	+	EXPLAINS THE REQUIREMENTS OF PART 4 OF ARTICLE 4 OF TITLE 26.5 AND8
	268	+	SHALL MAKE THE NOTICE AVAILABLE TO ALL YOUTH SPORTS9
	269	+	ORGANIZATIONS, AS DEFINED IN SECTION 26.5-4-401, FOR A YOUTH SPORTS10
	270	+	ORGANIZATION TO POST ON ITS WEBSITE OR PROVIDE TO PARENTS OR11
	271	+	LEGAL GUARDIANS UNDER THE YOUTH SPORTS ORGANIZATION 'S NAME.12
	272	+	13
	273	+	SECTION 5. Act subject to petition - effective date. This act14
	274	+	takes effect at 12:01 a.m. on the day following the expiration of the15
	275	+	ninety-day period after final adjournment of the general assembly; except16
	276	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V17
	277	+	of the state constitution against this act or an item, section, or part of this18
	278	+	act within such period, then the act, item, section, or part will not take19
	279	+	effect unless approved by the people at the general election to be held in20
	280	+	November 2024 and, in such case, will take effect on the date of the21
	281	+	official declaration of the vote thereon by the governor.22
	282	+	113
	283	+	-9-