(1) "Employment" does not include services performed by an individual as a coach for a nonprofit youth sports organization if:
(a) There is a written agreement between the nonprofit youth sports organization and the coach that includes the following:
A statement that the coach is an independent contractor and not an employee of thenonprofit youth sports organization;
A statement that the coach is not entitled to unemployment security benefits in connection with his or her contract with the nonprofit youth sports organization; and
A disclosure in bold-faced, underlined, or large type, in a conspicuous location, andacknowledged by the parties that the parties have read and understand the disclosure indicating that the coach is an independent contractor rather than an employee of the nonprofit youth sports organization;
The youth sports organization does not have the right to control the means and methods by which the coach provides coaching services. For the purpose of determining whether the youth sports organization is exercising control, the analysis to determine if the coach is an employee does not include any requirement of a youth sports governing body.
The coach is not economically dependent on income from part-time youth sportscoaching or is employed in a full-time covered employment position; and
The services of the coach may not be terminated except for breach of the agreement,failure to meet the requirements of a youth coach governing body, or failure to meet generally accepted standards of conduct within the industry.
If it is demonstrated to the division that the requirements of subsection (1) of thissection are met, the coach shall be considered an independent contractor for the purposes of this section and not in covered employment or entitled to any benefits in accordance with the "Colorado Employment Security Act", articles 70 to 82 of this title 8.
As used in this section, unless the context otherwise requires:
(a) "Coach" means an individual who:
Performs services pursuant to a written and signed contract that complies with therequirements set forth in this section; and
Performs coaching services fifteen hours or less in any consecutive seven-day period.
(b) "Nonprofit youth sports organization" means an organization that is exempt from federal taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
(4) This section does not alter or diminish otherwise applicable exemptions from covered employment for the following:
Services performed in the employ of the state of Colorado, a political subdivision, oran Indian tribe, or an instrumentality of the state, a political subdivision, or an Indian tribe if the service is excluded from employment as defined in the "Federal Unemployment Tax Act", 26 U.S.C. sec. 3301 et seq.; or
Services performed in the employ of a religious, charitable, educational, or otherorganization that is excluded from employment as defined in the "Federal Unemployment Tax Act".
Source: L. 2018: Entire section added, (HB 18-1303), ch. 383, p. 2304, § 1, effective August 8.