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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0739.01 Shelby Ross x4510 HOUSE BILL 26-1083
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
CONCERNING PROTECTING FEMALE SPORTS.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 interscholastic or intramural athletic team
or sport that is sponsored by a school or athletic association (team or
sport) to expressly designate the team's or sport's participants as either
biological male, men, or boys; biological female, women, or girls; or
coeducational or mixed.
The bill prohibits a team or sport that is designated for females,
women, or girls from being open for participation by a male student or
male participant. The bill prohibits a team or sport that is designated for
HOUSE SPONSORSHIP
Bottoms,
SENATE SPONSORSHIP
(None),
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.
males, men, or boys from being open for participation by a female student
or female participant unless there is no female team offered or available
for the sport for female students or female participants.
The bill prohibits a state agency, entity, licensing or accrediting
organization, or athletic association from entertaining a complaint,
opening an investigation, or taking any other adverse action against a
school for maintaining a separate team or sport for female students or
female participants.
If the commissioner of education (commissioner) determines that
a public school or institution of higher education has refused to comply
with the provisions of the bill, the commissioner shall notify the public
school or institution of the noncompliance and allow the public school or
institution a reasonable amount of time to comply. If the public school or
institution is still not in compliance and has not made a good-faith attempt
to comply, the commissioner is permitted to take appropriate remedial
action within the commissioner's authority.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Males and females possess unique and immutable biological4
differences that manifest prior to birth and increase as they age and5
experience puberty;6
(b) Biological differences between the sexes are enduring and7
may, in some circumstances, warrant the creation of separate social,8
educational, athletic, or other arrangements in order to ensure safety and9
allow members of each sex to succeed and thrive;10
(c) Physical differences between males and females have long11
made separate sex-specific sports teams important so that female athletes12
have equal opportunities to compete in sports with reduced risk of13
physical injury; and14
(d) Due to the physical differences between males and females,15
having separate athletic teams based on the biological sex of the athletes16
HB26-1083-2-
reduces the risk of injury to female athletes, promotes equality between1
the sexes, provides opportunities for female athletes to compete against2
their female peers rather than against male athletes, and allows female3
athletes to fairly compete for athletic accomplishments, including4
educational scholarships.5
SECTION 2. In Colorado Revised Statutes, add article 109 to6
title 22 as follows:7
ARTICLE 1098
Protect Women's and Girls' Sports Act9
22-109-101. Short title.10
THE SHORT TITLE OF THIS ARTICLE 109 IS THE "PROTECT WOMEN'S11
AND GIRLS' SPORTS ACT".12
22-109-102. Definitions.13
AS USED IN THIS ARTICLE 109, UNLESS THE CONTEXT OTHERWISE14
REQUIRES:15
(1) "A THLETIC ASSOCIATION " MEANS A CORPORATION ,16
ASSOCIATION, OR ORGANIZATION WITH AT LEAST ONE PRIMARY PURPOSE17
OF SPONSORING OR ADMINISTERING EXTRACURRICULAR INTERSCHOLASTIC18
ATHLETIC CONTESTS OR COMPETITIONS.19
(2) "BOY" MEANS AN ADOLESCENT HUMAN MALE.20
(3) "F EMALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL21
REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF OVA.22
A FEMALE INCLUDES A WOMAN AND A GIRL.23
(4) "GIRL" MEANS AN ADOLESCENT HUMAN FEMALE.24
(5) "M ALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL25
REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF26
SPERM. A MALE INCLUDES A MAN AND A BOY.27
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(6) "MAN" MEANS AN ADULT HUMAN MALE.1
(7) "P OSTSECONDARY EDUCATIONAL INSTITUTION " MEANS A2
PUBLIC OR PRIVATE UNIVERSITY , COLLEGE , OR COMMUNITY COLLEGE3
LOCATED IN COLORADO THAT IS A MEMBER INSTITUTION OF AN4
ACCREDITING BODY RECOGNIZED BY THE FEDERAL DEPARTMENT OF5
EDUCATION.6
(8) "S CHOOL" MEANS A POSTSECONDARY EDUCATIONAL7
INSTITUTION, OR A PUBLIC SCHOOL, CHARTER SCHOOL, PRIVATE SCHOOL,8
OR DENOMINATIONAL SCHOOL THAT OFFERS INSTRUCTION IN ELEMENTARY9
OR SECONDARY GRADES.10
(9) "S TATE AGENCY " MEANS ANY STATE BOARD , BUREAU ,11
COMMISSION, DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER12
OF THE STATE, EXCEPT THOSE IN THE LEGISLATIVE OR JUDICIAL BRANCH.13
(10) "WOMAN" MEANS AN ADULT HUMAN FEMALE.14
22-109-103. Male and female sports team designations.15
(1) A N INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR16
SPORT THAT IS SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION MUST17
EXPRESSLY DESIGNATE THE TEAM OR SPORT AS ONE OF THE FOLLOWING18
BASED ON THE ATHLETES' BIOLOGICAL SEX:19
(a) MALE, MEN, OR BOYS;20
(b) FEMALE, WOMEN, OR GIRLS; OR21
(c) COEDUCATIONAL OR MIXED.22
(2) (a) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR23
SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS24
DESIGNATED FOR FEMALES , WOMEN, OR GIRLS MUST NOT BE OPEN FOR25
PARTICIPATION BY A MALE STUDENT OR MALE PARTICIPANT.26
(b) A N INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR27
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SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS1
DESIGNATED FOR MALES , MEN , OR BOYS MUST NOT BE OPEN FOR2
PARTICIPATION BY A FEMALE STUDENT OR FEMALE PARTICIPANT UNLESS3
THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR THE SPORT FOR4
FEMALE STUDENTS OR FEMALE PARTICIPANTS.5
(c) THIS SUBSECTION (2) DOES NOT RESTRICT THE ELIGIBILITY OF6
A STUDENT OR PARTICIPANT FROM PARTICIPATING IN AN INTERSCHOLASTIC7
OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS DESIGNATED FOR8
COEDUCATIONAL OR MIXED PARTICIPANTS.9
(3) A STATE AGENCY , ENTITY , LICENSING OR ACCREDITING10
ORGANIZATION, OR ATHLETIC ASSOCIATION SHALL NOT ENTERTAIN A11
COMPLAINT, OPEN AN INVESTIGATION , OR TAKE ANY OTHER ADVERSE12
ACTION AGAINST A SCHOOL FOR MAINTAINING A SEPARATE13
INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT FOR FEMALE14
STUDENTS OR FEMALE PARTICIPANTS.15
22-109-104. Compliance and enforcement. 16
IF THE COMMISSIONER OF EDUCATION DETERMINES THAT A PUBLIC17
SCHOOL OR POSTSECONDARY EDUCATI ONAL INSTITUTION HAS18
INTENTIONALLY REFUSED TO COMPLY WITH THIS ARTICLE 109, THE19
COMMISSIONER SHALL NOTIFY THE PUBLIC SCHOOL OR INSTITUTION OF THE20
NONCOMPLIANCE AND ALLOW THE PUBLIC SCHOOL OR INSTITUTION A21
REASONABLE AMOUNT OF TIME TO COMPLY . IF THE COMMISSIONER22
DETERMINES, AFTER THE REASONABLE COMPLIANCE TIME HAS ELAPSED ,23
THAT THE PUBLIC SCHOOL OR INSTITUTION IS NOT IN COMPLIANCE AND HAS24
NOT MADE A GOOD -FAITH ATTEMPT TO COMPLY , THE COMMISSIONER25
SHALL TAKE APPROPRIATE REMEDIAL ACTION WITHIN THE COMMISSIONER'S26
AUTHORITY.27
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22-109-105. Federal protections for individual with disability1
- recognized. 2
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 109 TO3
THE CONTRARY, AN INDIVIDUAL BORN WITH A DIAGNOSED DISORDER OF4
SEX DEVELOPMENT SHALL RECEIVE ALL LEGAL PROTECTIONS AND5
ACCOMMODATIONS AFFORDED UNDER THE FEDERAL "AMERICANS WITH6
DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AS AMENDED.7
22-109-106. Severability.8
IF ANY PROVISION OF THIS ARTICLE 109 OR THE APPLICATION OF9
THIS ARTICLE 109 TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID ,10
THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS11
OF THIS ARTICLE 109 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID12
PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS13
ARTICLE 109 ARE DECLARED TO BE SEVERABLE.14
SECTION 3. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly (August17
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a18
referendum petition is filed pursuant to section 1 (3) of article V of the19
state constitution against this act or an item, section, or pa rt of this act20
within such period, then the act, item, section, or part will not take effect21
unless approved by the people at the general election to be held in22
November 2026 a nd, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
HB26-1083-6-