Text of CO HB 1083 (2026)

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 assembly 2 finds and declares that: 3 (a) Males and females possess unique and immutable biological 4 differences that manifest prior to birth and increase as they age and 5 experience puberty; 6 (b) Biological differences between the sexes are enduring and 7 may, in some circumstances, warrant the creation of separate social, 8 educational, athletic, or other arrangements in order to ensure safety and 9 allow members of each sex to succeed and thrive; 10 (c) Physical differences between males and females have long 11 made separate sex-specific sports teams important so that female athletes 12 have equal opportunities to compete in sports with reduced risk of 13 physical injury; and 14 (d) Due to the physical differences between males and females, 15 having separate athletic teams based on the biological sex of the athletes 16 HB26-1083 -2- reduces the risk of injury to female athletes, promotes equality between 1 the sexes, provides opportunities for female athletes to compete against 2 their female peers rather than against male athletes, and allows female 3 athletes to fairly compete for athletic accomplishments, including 4 educational scholarships. 5 SECTION 2. In Colorado Revised Statutes, add article 109 to 6 title 22 as follows: 7 ARTICLE 109 8 Protect Women's and Girls' Sports Act 9 22-109-101. Short title. 10 THE SHORT TITLE OF THIS ARTICLE 109 IS THE "PROTECT WOMEN'S 11 AND GIRLS' SPORTS ACT". 12 22-109-102. Definitions. 13 AS USED IN THIS ARTICLE 109, UNLESS THE CONTEXT OTHERWISE 14 REQUIRES: 15 (1) "ATHLETIC ASSOCIATION" MEANS A CORPORATION, 16 ASSOCIATION, OR ORGANIZATION WITH AT LEAST ONE PRIMARY PURPOSE 17 OF SPONSORING OR ADMINISTERING EXTRACURRICULAR INTERSCHOLASTIC 18 ATHLETIC CONTESTS OR COMPETITIONS. 19 (2) "BOY" MEANS AN ADOLESCENT HUMAN MALE. 20 (3) "FEMALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL 21 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) "MALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL 25 REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF 26 SPERM. A MALE INCLUDES A MAN AND A BOY. 27 HB26-1083 -3- (6) "MAN" MEANS AN ADULT HUMAN MALE. 1 (7) "POSTSECONDARY EDUCATIONAL INSTITUTION" MEANS A 2 PUBLIC OR PRIVATE UNIVERSITY, COLLEGE, OR COMMUNITY COLLEGE 3 LOCATED IN COLORADO THAT IS A MEMBER INSTITUTION OF AN 4 ACCREDITING BODY RECOGNIZED BY THE FEDERAL DEPARTMENT OF 5 EDUCATION. 6 (8) "SCHOOL" MEANS A POSTSECONDARY EDUCATIONAL 7 INSTITUTION, OR A PUBLIC SCHOOL, CHARTER SCHOOL, PRIVATE SCHOOL, 8 OR DENOMINATIONAL SCHOOL THAT OFFERS INSTRUCTION IN ELEMENTARY 9 OR SECONDARY GRADES. 10 (9) "STATE AGENCY" MEANS ANY STATE BOARD, BUREAU, 11 COMMISSION, DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER 12 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) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR 16 SPORT THAT IS SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION MUST 17 EXPRESSLY DESIGNATE THE TEAM OR SPORT AS ONE OF THE FOLLOWING 18 BASED ON THE ATHLETES' BIOLOGICAL SEX: 19 (a) MALE, MEN, OR BOYS; 20 (b) FEMALE, WOMEN, OR GIRLS; OR 21 (c) COEDUCATIONAL OR MIXED. 22 (2) (a) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR 23 SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS 24 DESIGNATED FOR FEMALES, WOMEN, OR GIRLS MUST NOT BE OPEN FOR 25 PARTICIPATION BY A MALE STUDENT OR MALE PARTICIPANT. 26 (b) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR 27 HB26-1083 -4- SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS 1 DESIGNATED FOR MALES, MEN, OR BOYS MUST NOT BE OPEN FOR 2 PARTICIPATION BY A FEMALE STUDENT OR FEMALE PARTICIPANT UNLESS 3 THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR THE SPORT FOR 4 FEMALE STUDENTS OR FEMALE PARTICIPANTS. 5 (c) THIS SUBSECTION (2) DOES NOT RESTRICT THE ELIGIBILITY OF 6 A STUDENT OR PARTICIPANT FROM PARTICIPATING IN AN INTERSCHOLASTIC 7 OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS DESIGNATED FOR 8 COEDUCATIONAL OR MIXED PARTICIPANTS. 9 (3) A STATE AGENCY, ENTITY, LICENSING OR ACCREDITING 10 ORGANIZATION, OR ATHLETIC ASSOCIATION SHALL NOT ENTERTAIN A 11 COMPLAINT, OPEN AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE 12 ACTION AGAINST A SCHOOL FOR MAINTAINING A SEPARATE 13 INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT FOR FEMALE 14 STUDENTS OR FEMALE PARTICIPANTS. 15 22-109-104. Compliance and enforcement. 16 IF THE COMMISSIONER OF EDUCATION DETERMINES THAT A PUBLIC 17 SCHOOL OR POSTSECONDARY EDUCATIONAL INSTITUTION HAS 18 INTENTIONALLY REFUSED TO COMPLY WITH THIS ARTICLE 109, THE 19 COMMISSIONER SHALL NOTIFY THE PUBLIC SCHOOL OR INSTITUTION OF THE 20 NONCOMPLIANCE AND ALLOW THE PUBLIC SCHOOL OR INSTITUTION A 21 REASONABLE AMOUNT OF TIME TO COMPLY. IF THE COMMISSIONER 22 DETERMINES, AFTER THE REASONABLE COMPLIANCE TIME HAS ELAPSED, 23 THAT THE PUBLIC SCHOOL OR INSTITUTION IS NOT IN COMPLIANCE AND HAS 24 NOT MADE A GOOD-FAITH ATTEMPT TO COMPLY, THE COMMISSIONER 25 SHALL TAKE APPROPRIATE REMEDIAL ACTION WITHIN THE COMMISSIONER'S 26 AUTHORITY. 27 HB26-1083 -5- 22-109-105. Federal protections for individual with disability 1 - recognized. 2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 109 TO 3 THE CONTRARY, AN INDIVIDUAL BORN WITH A DIAGNOSED DISORDER OF 4 SEX DEVELOPMENT SHALL RECEIVE ALL LEGAL PROTECTIONS AND 5 ACCOMMODATIONS AFFORDED UNDER THE FEDERAL "AMERICANS WITH 6 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 OF 9 THIS ARTICLE 109 TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, 10 THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS 11 OF THIS ARTICLE 109 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID 12 PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS 13 ARTICLE 109 ARE DECLARED TO BE SEVERABLE. 14 SECTION 3. Act subject to petition - effective date. This act 15 takes effect at 12:01 a.m. on the day following the expiration of the 16 ninety-day period after final adjournment of the general assembly (August 17 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a 18 referendum petition is filed pursuant to section 1 (3) of article V of the 19 state constitution against this act or an item, section, or part of this act 20 within such period, then the act, item, section, or part will not take effect 21 unless approved by the people at the general election to be held in 22 November 2026 and, in such case, will take effect on the date of the 23 official declaration of the vote thereon by the governor. 24 HB26-1083 -6-