Youth Sports Safety Requirements

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-100 LLS NO. 26-0625.01 Michael Dohr x4347 SENATE SPONSORSHIP Danielson, Coleman HOUSE SPONSORSHIP Willford and Stewart K., Senate Committees House Committees Health & Human Services A BILL FOR AN ACT CONCERNING REQUIREMENTS FOR YOUTH SPORTS PERSONNEL THAT IMPROVE THE SAFETY OF THE PARTICIPANTS.

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 a youth sports organization and local government that provides youth athletic activities (youth sports organization) to have at least one adult who possesses a current first aid, CPR, and AED certification present at each youth athletic activity. Current law requires all youth sports organization coaches who work directly with youth members to obtain a criminal history record 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.

check (background check) prior to employment. The bill requires chaperones who accompany the youth sports organization on a trip that includes one or more overnight stays to pass a background check. The bill requires a coach or chaperone who lived outside the U.S. for more than 180 days since the coach's or chaperone's last background check to also obtain an international background check. The act creates a cause of action for failing to conduct a background check. Current law prohibits a youth sports organization from hiring a person to be a coach if the person has been convicted of certain crimes. The bill adds crimes of violence and other violent crimes to the list of disqualifying offenses.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 26.5-4-401, add (1.5), (2.3), and (2.5) as follows:

26.5-4-401. Definitions.

As used in this part 4, unless the context otherwise requires:

(1.5) "CHAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH SPORTS ORGANIZATION IN AN OFFICIAL CAPACITY ON A TRIP THAT INCLUDES ONE OR MORE OVERNIGHT STAYS.

(2.3) "EMPLOYMENT" MEANS A JOB OR POSITION IN WHICH A PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH ATHLETIC ACTIVITY BY A YOUTH SPORTS ORGANIZATION FOR A SALARY OR HOURLY WAGES, WHETHER FULL-TIME OR PART-TIME, AND WHETHER TEMPORARY OR PERMANENT.

"YOUTH ATHLETIC ACTIVITY" MEANS AN ORGANIZED ATHLETIC ACTIVITY IN WHICH THE MAJORITY OF THE PARTICIPANTS ARE UNDER EIGHTEEN YEARS OF AGE AND ARE ENGAGING IN AN ORGANIZED ATHLETIC GAME, COMPETITION, OR TRAINING PROGRAM.

ATHLETIC ACTIVITY" DOES NOT INCLUDE AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A NONATHLETIC PROGRAM OR A LESSON.

"YOUTH

SECTION 2. In Colorado Revised Statutes, add 26.5-4-401.5 as follows: 26.5-4-401.5. Organized youth athletic activities - CPR and first aid requirements.

(1) (a) EACH YOUTH SPORTS ORGANIZATION SHALL ENSURE THAT AT LEAST ONE ADULT WHO POSSESSES A CURRENT FIRST AID, CPR, AND AED CERTIFICATION IS PRESENT AT EACH YOUTH ATHLETIC ACTIVITY.

(b) A YOUTH ATHLETIC ACTIVITY THAT IS CONDUCTED ENTIRELY BY VOLUNTEERS FOR TRAINING PURPOSES ONLY IS EXEMPT FROM THIS SECTION, BUT THE VOLUNTEERS ARE STRONGLY ENCOURAGED TO POSSESS A CURRENT FIRST AID, CPR, AND AED CERTIFICATION.

(2) (a) THE FIRST AID, CPR, AND AED EDUCATION COURSES REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST INCLUDE:

(I) IDENTIFYING SIGNS OF AND TREATING:

(A) HEAT- AND COLD-RELATED CONDITIONS;

(B) EXTERNAL BLEEDING;

(C) MUSCULAR AND SKELETAL INJURIES; AND

(D) HEAD, NECK, AND SPINAL INJURIES; AND

(II) CPR AND AED TRAINING.

(b) EACH YOUTH SPORTS ORGANIZATION MAY DESIGNATE SPECIFIC EDUCATION COURSES AS SUFFICIENT TO MEET THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.

NOTHING IN THIS SECTION ABROGATES OR LIMITS THE PROTECTIONS APPLICABLE TO PUBLIC ENTITIES AND PUBLIC EMPLOYEES PURSUANT TO THE ARTICLE 10 OF TITLE 24; VOLUNTEERS AND BOARD MEMBERS PURSUANT TO SECTIONS 13-21-115.7 AND 13-21-116; OR SKI AREA OPERATORS "COLORADO GOVERNMENTAL IMMUNITY ACT", PURSUANT TO SECTIONS 33-44-112 AND 33-44-113.

SECTION 3. In Colorado Revised Statutes, 26.5-4-403, amend (1); and add (1.5) as follows:

26.5-4-403. Background checks required.

(1) (a) (I) A youth sports organization operating in the state of Colorado shall require all coaches AND CHAPERONES WHO WORK DIRECTLY, OR WILL WORK DIRECTLY, WITH YOUTH, to obtain, prior to starting work EMPLOYMENT OR TAKING AN OVERNIGHT TRIP, AND EVERY THREE YEARS THEREAFTER FOR THE DURATION OF EMPLOYMENT OR CHAPERONE INVOLVEMENT, A CRIMINAL HISTORY RECORD CHECK, a SEVEN-YEAR criminal history record check THAT INCLUDES ALIASES OF THE COACH OR CHAPERONE 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. FOR A COACH OR CHAPERONE WHO WAS HIRED OR APPROVED AS A COACH OR CHAPERONE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE YOUTH SPORTS ORGANIZATION SHALL REQUIRE THE COACH OR CHAPERONE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK THAT CONFORMS TO THIS SECTION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.

(II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK, THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL HISTORY RECORD CHECK THAT INCLUDES ALIASES OF THE COACH OR CHAPERONE, AND THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND FELONY CONVICTIONS; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA, THEN THE COACH OR CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).

(III) The criminal history record check must ascertain, to the GREATEST 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); A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II); or a comparable offense committed in any other state.

(b) A youth sports organization shall not hire a coach OR APPROVE A PERSON AS A CHAPERONE 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); A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II); or any comparable offense committed in any other state.

(1.5) (a) A PERSON, INCLUDING AN EMPLOYEE OR VOLUNTEER WHO TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION, OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK, MUST AT ALL TIMES BE SUPERVISED BY A PERSON WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A YOUTH SPORTS ORGANIZATION IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A COACH OR MANAGER AND ONLY OCCASIONALLY ASSISTS IN A PASSING, GENERAL, OR NOMINAL MANNER. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (1.5)(b) MUST BE SUPERVISED AT ALL TIMES BY A PERSON WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.

SECTION 4. In Colorado Revised Statutes, add 13-80-103.4 as follows:

13-80-103.4. Limitation of actions - failure to perform a background check by a youth sports organization - injury to a child - definitions.

(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE.

(b) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET FORTH IN SECTION 29-1-102.

(c) "SEXUAL OFFENSE AGAINST A CHILD" INCLUDES ALL OFFENSES LISTED IN SECTION 18-3-411 (1).

(d) "YOUTH SPORTS ORGANIZATION" HAS THE SAME MEANING AS SET FORTH IN SECTION 26.5-4-401.

(e) "YOUTH SPORTS REQUIRED BACKGROUND CHECK" MEANS A BACKGROUND CHECK THAT COMPLIES WITH SECTION 29-7.1-102, OR 29-7.1-103.

(2) IN BRINGING A CIVIL ACTION FOR FAILURE TO PERFORM A YOUTH SPORTS REQUIRED BACKGROUND CHECK PURSUANT TO THIS SECTION, A PLAINTIFF SHALL MAKE A PRIMA FACIE SHOWING OF THE FOLLOWING FACTS AND CIRCUMSTANCES:

(a) (I) THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT, IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH CHILDREN, DID NOT PERFORM A YOUTH SPORTS REQUIRED BACKGROUND CHECK ON THE INDIVIDUAL, AND THE FAILURE TO CONDUCT THE REQUIRED BACKGROUND CHECK WAS THE RESULT OF THE YOUTH SPORTS INDIFFERENCE OR RECKLESS DISREGARD OF ITS OBLIGATION TO CONDUCT THE BACKGROUND CHECK AS PROVIDED BY LAW. ORDINARY NEGLIGENCE OR UNINTENTIONAL OVERSIGHT IS NOT SUFFICIENT TO BRING AN ACTION.

(II) THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT, IN HIRING AN INDIVIDUAL TO WORK WITH CHILDREN OR IN A SETTING WITH CHILDREN, PERFORMED A YOUTH SPORTS REQUIRED BACKGROUND CHECK OF THE INDIVIDUAL AND THE REQUIRED BACKGROUND CHECK SHOWED THAT THE INDIVIDUAL WAS INELIGIBLE TO BE HIRED OR APPROVED PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103; OR

(III) THE INDIVIDUAL WAS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK OR WAS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK AND THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT FAILED TO HAVE THE INDIVIDUAL SUPERVISED BY AN EMPLOYEE OR VOLUNTEER WHO WAS HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK;

ORGANIZATION'S OR LOCAL GOVERNMENT'S DELIBERATE

(b) THE INDIVIDUAL, AT THE TIME OF HIRING, WAS NOT ELIGIBLE TO BE HIRED PURSUANT TO SECTION 26.5-4-403 (1)(b), 29-7.1-102, OR 29-7.1-103; AND (c) THE INDIVIDUAL COMMITTED ONE OF THE FOLLOWING OFFENSES AGAINST A CHILD WITH WHOM THE INDIVIDUAL CAME IN CONTACT IN THE COURSE OF THE INDIVIDUAL'S EMPLOYMENT WITH THE YOUTH SPORTS ORGANIZATION OR LOCAL GOVERNMENT:

(I) SEXUAL ASSAULT AS DESCRIBED IN SECTION 18-3-402;

(II) SEXUAL OFFENSE AGAINST A CHILD;

(III) CHILD ABUSE AS DESCRIBED IN SECTION 18-6-401;

(IV) A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406;

OR

(V) A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II).

SECTION 5. In Colorado Revised Statutes, amend 29-7.1-101 as follows:

29-7.1-101. Definitions.

As used in this article 7.1, unless the context otherwise requires:

(1) "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 local government in a passing, general, or nominal manner. "CHAPERONE" MEANS A PERSON WHO ACCOMPANIES A YOUTH ATHLETIC ACTIVITY IN AN OFFICIAL CAPACITY ON A TRIP THAT INCLUDES ONE OR MORE OVERNIGHT STAYS.

(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 LOCAL GOVERNMENT IN A PASSING, GENERAL, OR NOMINAL MANNER.

(3) "EMPLOYMENT" MEANS A JOB OR POSITION IN WHICH A PERSON MAY BE ENGAGED IN THE SERVICE OF A COACH OF A YOUTH ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT FOR SALARY OR HOURLY WAGES, WHETHER FULL TIME OR PART TIME, AND WHETHER TEMPORARY OR PERMANENT.

(2) (4) "Local government" has the same meaning as set forth in section 29-1-102.

(3) (5) "Youth 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 OR AN ATHLETIC ACTIVITY THAT IS INCIDENTAL TO A NONATHLETIC PROGRAM OR A LESSON.

SECTION 6. In Colorado Revised Statutes, amend 29-7.1-103 as follows:

29-7.1-103. Criminal history record check for paid coaches.

(1) (a) (I) Prior to the employment of any A person as a coach of OR APPROVAL AS A CHAPERONE OF a youth athletic activity by a local government, the local government shall require a SEVEN-YEAR 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.

(II) IF A COACH OR CHAPERONE HAS LIVED OUTSIDE OF THE UNITED STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE COACH'S OR CHAPERONE'S LAST CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED, THE COACH OR CHAPERONE SHALL ALSO OBTAIN AN INTERNATIONAL CRIMINAL HISTORY RECORD CHECK, WHICH INCLUDES ALIASES OF THE COACH OR CHAPERONE, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND FELONY CONVICTIONS; EXCEPT THAT, IF THE COACH OR CHAPERONE IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA, THEN THE COACH OR CHAPERONE IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).

(a.5) EACH JULY 1, THE LOCAL GOVERNMENT SHALL REQUIRE A CRIMINAL HISTORY RECORD CHECK IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION OF EACH PERSON EMPLOYED AS A COACH OR APPROVED AS A CHAPERONE OF A YOUTH ATHLETIC ACTIVITY WHO HAS NOT HAD A CRIMINAL HISTORY RECORD CHECK IN THE LAST THREE YEARS.

(b) The 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); A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN

SECTION 18-1.3-406 (2)(a)(II); 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; A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406; A CRIME LISTED IN SECTION UNLAWFUL SEXUAL BEHAVIOR OFFENSE COMMITTED IN ANY OTHER STATE;

or a AN offense committed in any other state is disqualified from employment as a coach of a youth athletic activity.

18-1.3-406 (2)(a)(II);

A COMPARABLE CHILD ABUSE OR

(3) A LOCAL GOVERNMENT SHALL REQUIRE THAT A PERSON, INCLUDING A COACH WHO TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ACTIVITY BUT WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK, BE SUPERVISED AT ALL TIMES BY A COACH WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(4) A PERSON WHO ACTS AS AN EMPLOYED COACH OF A YOUTH ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).

SECTION 7. In Colorado Revised Statutes, add 29-7.1-103.5 as follows: 29-7.1-103.5. Criminal history record check for volunteer coaches - CPR and first aid training.

(1) (a) (I) PRIOR TO THE START OF A PERSON AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY BY A LOCAL GOVERNMENT, THE LOCAL GOVERNMENT SHALL REQUIRE A SEVEN-YEAR 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.

(II) IF A VOLUNTEER COACH HAS LIVED OUTSIDE OF THE UNITED STATES FOR MORE THAN ONE HUNDRED EIGHTY DAYS IN THE PAST TEN YEARS OR FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE VOLUNTEER COACH'S LAST CRIMINAL HISTORY RECORD CHECK WAS CONDUCTED, INTERNATIONAL CRIMINAL HISTORY RECORD CHECK, INCLUDING ALIASES OF THE VOLUNTEER COACH, THAT, AT A MINIMUM, DISCLOSES SEXUAL OFFENSES AND FELONY CONVICTIONS; EXCEPT THAT, IF THE VOLUNTEER COACH IS IN THE COUNTRY ON AN INTERNATIONAL WORK VISA, THEN THE VOLUNTEER COACH IS EXEMPT FROM THIS SUBSECTION (1)(a)(II).

THE VOLUNTEER COACH SHALL ALSO OBTAIN AN

(b) THE CRIMINAL HISTORY RECORD CHECK MUST ASCERTAIN 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), A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE.

A LOCAL GOVERNMENT SHALL NOT APPROVE A PERSON 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, A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406, A CRIME LISTED IN SECTION 18-1.3-406 (2)(a)(II), OR A COMPARABLE OFFENSE COMMITTED IN ANY OTHER STATE AS AN UNSUPERVISED VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY.

(3) (a) A PERSON, INCLUDING A COACH OR VOLUNTEER WHO TAKES PART IN THE ACTIVITIES OF A YOUTH SPORTS ORGANIZATION BUT WHO IS NOT REQUIRED TO OBTAIN A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION OR IS UNABLE TO OBTAIN A CRIMINAL HISTORY RECORD CHECK, MUST AT ALL TIMES BE SUPERVISED BY A COACH OR VOLUNTEER WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LOCAL GOVERNMENT IS NOT REQUIRED TO PERFORM A CRIMINAL HISTORY RECORD CHECK ON A VOLUNTEER WHO IS NOT ACTING IN THE CAPACITY OF A COACH AND ONLY OCCASIONALLY ASSISTS IN A PASSING, GENERAL, OR NOMINAL MANNER. A VOLUNTEER DESCRIBED BY THIS SUBSECTION (3)(b) SHALL BE SUPERVISED AT ALL TIMES BY A COACH OR VOLUNTEER WHO HAS BEEN HIRED OR APPROVED AFTER OBTAINING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (1) OF THIS SECTION.

(4) A PERSON WHO ACTS AS A VOLUNTEER COACH OF A YOUTH ATHLETIC ACTIVITY SHALL POSSESS A CURRENT FIRST AID, CPR, AND AED CERTIFICATION AS DESCRIBED IN SECTION 26.5-4-402 (2).

SECTION 8. In Colorado Revised Statutes, 29-7.1-104, amend (2), (3), and (4) as follows: 29-7.1-104. Criminal history record checks - fees - reliance not an open record.

(2) This article 7.1 does not require a second or subsequent criminal history record check for a coach OR VOLUNTEER COACH who has had a criminal history record check prior to August 7, 2024.

(3) A local government may rely on the results of the criminal history record check when making hiring and employment decisions AND WHEN MAKING THE DECISION TO ALLOW A PERSON TO ACT AS A CHAPERONE OR VOLUNTEER COACH 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.

(4) Any information received by a local government on the criminal history record check for a coach, CHAPERONE, OR VOLUNTEER COACH as required by this article 7.1 is not subject to the provisions of part 2 of article 72 of title 24.

SECTION 9. 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 (August 12, 2026, if adjournment sine die is on May 13, 2026); 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 November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.