SENATE BILL 24-113
BY SENATOR(S) Coleman and Exum, Bridges, Buckner, Cutter, Ginal,
Hansen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola,
Rodriguez, Sullivan, Winter F., Zenzinger, Fenberg;
also REPRESENTATIVE(S) Joseph and Willford, Bacon, Brown, Duran,
Herod, Jodeh, Kipp, Ricks.
C
ONCERNING MEASURES TO MAKE YOUTH SPORTS SAFER .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 4 to article 4
of title 26.5 as follows:
PART 4
YOUTH SPORTS ORGANIZATIONS
26.5-4-401. Definitions. A
S USED IN THIS PART 4, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
BUSE" MEANS PHYSICAL OR MENTAL INJURY , SEXUAL ABUSE
OR EXPLOITATION
, OR NEGLIGENT TREATMENT OF A CHILD .
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (2) "COACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS A
COACH
, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
YOUTH ATHLETIC ACTIVITY BY A PERSON
, INCLUDING THE ACTION OF OTHER
VOLUNTEERS OR EMPLOYEES OF THE YOUTH SPORTS ORGANIZATION IN A
PASSING
, GENERAL, OR NOMINAL MANNER.
(3) (a) "Y
OUTH SPORTS ORGANIZATION " MEANS A PRIVATE
FOR
-PROFIT OR NOT-FOR-PROFIT ORGANIZATION THAT, AS PART OF ITS CORE
FUNCTION
, PROVIDES PERSONS WHO ARE LESS THAN EIGHTEEN YEARS OF AGE
THE OPPORTUNITY TO PARTICIPATE IN SCHEDULED COMPETITIVE OR
RECREATIONAL SPORTING ACTIVITIES
, WHETHER INDIVIDUALLY OR AS A
TEAM
, BUT DOES NOT INCLUDE A SPORTING ACTIVITY THAT IS INCIDENTAL TO
A NONATHLETIC PROGRAM OR LESSON
.
(b) "Y
OUTH SPORTS ORGANIZATION " DOES NOT INCLUDE:
(I) A
NEIGHBORHOOD YOUTH OR GANIZATION , AS DEFINED IN SECTION
26.5-5-303;
(II) A
PUBLIC OR PRIVATE SCHOOL SERVING ANY OF GRADES
KINDERGARTEN THROUGH TWELVE
;
(III) A
LICENSED CHILD-CARE FACILITY;
(IV) A
PUBLIC OR PRIVATE INSTITUTION OF HIGHER EDUCATION ; OR
(V) AN ORGANIZATION THAT MERELY PROVIDES THE OPPORTUNITY
TO PARTICIPATE IN AN UNSUPERVISED
, UNSCHEDULED COMPETITIVE OR
RECREATIONAL SPORTING EVENT ON A WALK
-IN BASIS.
26.5-4-402. Organized youth athletic activities - abuse
prevention training. (1) (a) S
TARTING JULY 1, 2025, EACH YOUTH SPORTS
ORGANIZATION SHALL REQUIRE EACH COACH TO ANNUALLY COMPLETE
MANDATORY REPORTER TRAINING THAT ADHERES TO THE
RECOMMENDATIONS OF THE MANDATORY REPORTER TRAINING TASK FORCE
PURSUANT TO SECTION
19-3-304.2.
(b) E
ACH YOUTH SPORTS ORGANIZATION SHALL ENCOURAGE EACH
COACH TO ANNUALLY COMPLETE AN ABUSE PREVENTION TRAINING PROGRAM
PAGE 2-SENATE BILL 24-113 THAT INCLUDES THE FOLLOWING :
(I) P
ROHIBITED CONDUCT BY COACHES ;
(II) A
PPROPRIATE ONE-ON-ONE INTERACTIONS BETWEEN PLAYERS
AND COACHES
;
(III) H
OW TO RECOGNIZE AND APPROPRIATELY RESPOND TO AND
PREVENT BEHAVIORS THAT VIOLATE THE PROHIBITED C ONDUCT POLICY
DEVELOPED PURSUANT TO SUBSECTION
(2) OF THIS SECTION; AND
(IV) HOW TO RESPOND TO DISCLOSURES OF SEXUAL ABUSE , CHILD
ABUSE
, OR REPORTS OF BEHAVIORS VIOLATING THE PROHIBITED CONDUCT
POLICY DEVELOPED PURSUANT TO SUBSECTION
(2) OF THIS SECTION IN A
SUPPORTIVE AND APPROPRIATE MANNER THAT MEETS THE MANDATED
REPORTING REQUIREMENTS PURSUANT TO
COLORADO STATUTES.
(2) (a) (I) E
ACH YOUTH SPORTS ORGANIZATION SHALL DEVELOP A
PROHIBITED CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES
.
(II) T
HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
(A) A
LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR
ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED CONDUCT
; AND
(B) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES, AND
ATHLETES TO FOLLOW
.
(III) A
YOUTH SPORTS ORGANIZATION MAY ADOPT THE MODEL CODE
OF CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO
SECTION
26.5-1-117.
(b) E
ACH YOUTH SPORTS ORGANIZATION SHALL REQUIRE EACH OF ITS
COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY DEVELOPED
PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION.
(3) E
ACH YOUTH SPORTS ORGANIZATION SHALL POST THE NOTICE
CREATED PURSUANT TO SECTION
6-1-736 ON ITS WEBSITE, AND IF THE YOUTH
SPORTS ORGANIZATION DOES NOT HAVE A WEBSITE
, IT SHALL PROVIDE THE
PAGE 3-SENATE BILL 24-113 NOTICE TO THE PARENTS AND LEGAL GUARDIANS OF EACH PARTICIPANT .
26.5-4-403. Background checks required. (1) (a) A
YOUTH
SPORTS ORGANIZATION OPERATING IN THE STATE OF
COLORADO SHALL
REQUIRE ALL COACHES TO OBTAIN
, PRIOR TO STARTING WORK, A CRIMINAL
HISTORY RECORD CHECK BY A PRIVATE ENTITY REGULATED AS A CONSUMER
REPORTING AGENCY PURSUANT TO
15 U.S.C. SEC. 1681, ET SEQ., AND THAT
DISCLOSES
, AT A MINIMUM, SEXUAL OFFENSES AND FELONY CONVICTIONS
AND INCLUDES A SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
COLORADO JUDICIAL PUBLIC RECORDS ACCESS SYSTEM . THE CRIMINAL
HISTORY RECORD CHECK MUST ASCERTAIN TO THE EXTENT POSSIBLE
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401; A FELONY OFFENSE
INVOLVING UNLAWFUL SEXUAL BEHAVIOR
, AS DEFINED IN SECTION
16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED IN ANY OTHER
STATE
.
(b) A
YOUTH SPORTS ORGANIZATION SHALL NOT HIRE A COACH IF A
CRIMINAL HISTORY RECORD CHECK OF THE PERSON PERFORMED PURSUANT
TO SUBSECTION
(1)(a) OF THIS SECTION SHOWS THAT THE PERSON HAS BEEN
CONVICTED OF
, PLED NOLO CONTENDERE TO, OR HAS RECEIVED A DEFERRED
SENTENCE OR DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS
SPECIFIED IN SECTION
18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL
SEXUAL BEHAVIOR
, AS DEFINED IN SECTION 16-22-102 (9);OR ANY
COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE
.
(2) A
YOUTH SPORTS ORGANIZATION MAY RELY ON THE RESULTS OF
A CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND
EMPLOYMENT DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS THE
YOUTH SPORTS ORGANIZATION KNOWS THE INFORMATION IS FALSE OR ACTS
WITH RECKLESS DISREGARD CONCERNING THE VERACITY OF SUCH
INFORMATION
.
SECTION 2. In Colorado Revised Statutes, add article 7.1 to title
29 as follows:
ARTICLE 7.1
Local Government-sponsored Youth Athletic
Activity Requirements
PAGE 4-SENATE BILL 24-113 29-7.1-101. Definitions. A S USED IN THIS ARTICLE 7.1, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OACH" MEANS A PERSON EMPLOYED OR VOLUNTEERING AS A
COACH
, MANAGER, OR SUPERVISOR OF A YOUTH ATHLETIC ACTIVITY BUT
DOES NOT INCLUDE OCCASIONAL ASSISTANCE WITH OR SUPPORT OF THE
YOUTH ATHLETIC ACTIVITY BY A PERSON
, INCLUDING THE ACTION OF OTHER
VOLUNTEERS OR EMPLOYEES OF THE LOCAL GOVERNMENT IN A PASSING
,
GENERAL, OR NOMINAL MANNER.
(2) "L
OCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH
IN SECTION
29-1-102.
(3) "Y
OUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC
ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE LESS THAN
EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC
GAME
, COMPETITION, OR TRAINING PROGRAM. "YOUTH ATHLETIC ACTIVITY"
DOES NOT INCLUDE TRAVEL OR TRIPS NOT ORGANIZED OR SUPERVISED BY
THE LOCAL GOVERNMENT
.
29-7.1-102. Organized youth athletic activities - code of conduct.
(1) (a) E
ACH LOCAL GOVERNMENT SHALL MAKE AVAILABLE A PROHIBITED
CONDUCT POLICY RELATING TO YOUTH ATHLETIC ACTIVITIES
.
(b) T
HE PROHIBITED CONDUCT POLICY MUST INCLUDE :
(I) A
LIST OF PROHIBITED CONDUCT BY PARENTS , SPECTATORS,
COACHES, AND ATHLETES AND A MANDATORY REPORTING POLICY FOR
ADULTS WHO HAVE KNOWLEDGE OF AN ACT OF PROHIBITED CONDUCT
; AND
(II) A CODE OF CONDUCT FOR PARENTS, SPECTATORS, COACHES, AND
ATHLETES TO FOLLOW
;
(c) A
LOCAL GOVERNMENT MAY ADOPT THE MODEL CODE OF
CONDUCT POLICY MADE AVAILABLE BY THE DEPARTMENT PURSUANT TO
SECTION
26.5-1-117.
(2) E
ACH LOCAL GOVERNMENT SHALL REQUIRE EACH OF ITS
COACHES TO COMPLY WITH THE PROHIBITED CONDUCT POLICY CREATED
PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION.
PAGE 5-SENATE BILL 24-113 29-7.1-103. Criminal history record check for paid coaches.
(1) (a) P
RIOR TO THE EMPLOYMENT OF ANY PERSON AS A COACH OF A YOUTH
ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT
, THE LOCAL GOVERNMENT
SHALL REQUIRE A CRIMINAL HISTORY RECORD CHECK OF THE PERSON BY A
PRIVATE ENTITY REGULATED AS A CONSUMER REPORTING AGENCY
PURSUANT TO
15 U.S.C. SEC. 1681, ET SEQ., THAT DISCLOSES, AT A
MINIMUM
, SEXUAL OFFENSES AND FELONY CONVICTIONS AND INCLUDES A
SOCIAL SECURITY NUMBER TRACE AND A SEARCH OF THE
COLORADO
JUDICIAL PUBLIC RECORDS ACCESS SYSTEM
.
(b) T
HE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN
WHETHER THE PERSON BEING INVESTIGATED HAS BEEN CONVICTED OF
, PLED
NOLO CONTENDERE TO
, OR HAS RECEIVED A DEFERRED SENTENCE OR
DEFERRED PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401; A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS
DEFINED IN SECTION
16-22-102 (9); OR A COMPARABLE OFFENSE COMMITTED
IN ANY OTHER STATE
.
(2) A
PERSON WHO HAS BEEN CONVICTED OF , PLED NOLO
CONTENDERE TO
, OR RECEIVED A DEFERRED SENTENCE OR DEFERRED
PROSECUTION FOR FELONY CHILD ABUSE AS SPECIFIED IN SECTION
18-6-401;
A FELONY OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS DEFINED
IN SECTION
16-22-102; OR A OFFENSE COMMITTED IN ANY OTHER STATE IS
DISQUALIFIED FROM EMPLOYMENT AS A COACH OF A YOUTH ATHLETIC
ACTIVITY
.
29-7.1-104. Criminal history record checks - fees - reliance - not
an open record. (1) A
LOCAL GOVERNMENT MAY CHARGE A PERSON ANY
FEES FOR THE CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS ARTICLE
7.1.
(2) T
HIS ARTICLE 7.1 DOES NOT REQUIRE A SECOND OR SUBSEQUENT
CRIMINAL HISTORY RECORD CHECK FOR A COACH WHO HAS HAD A CRIMINAL
HISTORY RECORD CHECK PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE
7.1.
(3) A
LOCAL GOVERNMENT MAY RELY ON THE RESULTS OF THE
CRIMINAL HISTORY RECORD CHECK WHEN MAKING HIRING AND EMPLOYMENT
DECISIONS AND IS IMMUNE FROM CIVIL LIABILITY UNLESS THE LOCAL
GOVERNMENT KNOWS THE INFORMATION IS FALSE OR ACTS WITH RECKLESS
DISREGARD CONCERNING THE VERACITY OF SUCH INFORMATION
.
PAGE 6-SENATE BILL 24-113 (4) ANY INFORMATION RECEIVED BY A LOCAL GOVERNMENT ON THE
CRIMINAL HISTORY RECORD CHECK FOR A COACH AS REQUIRED BY THIS
ARTICLE
7.1 IS NOT SUBJECT TO THE PROVISIONS OF PART 2 OF ARTICLE 72 OF
TITLE
24.
SECTION 3. In Colorado Revised Statutes, add 26.5-1-117 as
follows:
26.5-1-117. Youth sports organization model code of conduct.
T
HE DEPARTMENT SHALL MAKE AVAILABLE A YOUTH SPORTS OR GANIZATION
MODEL CODE OF CONDUCT POLICY THAT ADDRESSES THE MATTERS
DESCRIBED IN SECTION
26.5-4-402 (1)(b).
SECTION 4. In Colorado Revised Statutes, add 6-1-736 as
follows:
6-1-736. Organized youth athletic activities - notice of
requirements. T
HE ATTORNEY GENERAL SHALL DRAFT A NOTICE THAT
EXPLAINS THE REQUIREMENTS OF PART
4 OF ARTICLE 4 OF TITLE 26.5 AND
SHALL MAKE THE NOTICE AVAILABLE TO ALL YOUTH SPORTS
ORGANIZATIONS
, AS DEFINED IN SECTION 26.5-4-401, FOR A YOUTH SPORTS
ORGANIZATION TO POST ON ITS WEBSITE OR PROVIDE TO PARENTS OR LEGAL
GUARDIANS UNDER THE YOUTH SPORTS ORGANIZATION
'S NAME.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-SENATE BILL 24-113 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 24-113