Connecticut 2021 Regular Session

Connecticut House Bill HB06417 Compare Versions

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	7	+	General Assembly Substitute Bill No. 6417
	8	+	January Session, 2021
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4		-	Substitute House Bill No. 6417
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6		-	Public Act No. 21-82
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9	14		AN ACT REQUIRING BAC KGROUND CHECKS FOR C ERTAIN
10		-	EMPLOYEES OF YOUTH CAMPS AND YOUTH SPORTS COACHES,
11		-	TRAINERS AND INSTRUCTORS.
	15	+	EMPLOYEES OF YOUTH C AMPS.
12	16		Be it enacted by the Senate and House of Representatives in General
13	17		Assembly convened:
14	18
15		-	Section 1. Section 19a-421 of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2021):
17		-	(a) No person shall establish, conduct or maintain a youth camp
18		-	without a license issued by the office. Applications for such license shall
19		-	be made in writing at least thirty days prior to the opening of the youth
20		-	camp on forms provided and in accordance with procedures established
21		-	by the commissioner and shall be accompanied by a fee of eight
22		-	hundred fifteen dollars or, if the applicant is a nonprofit, nonstock
23		-	corporation or association, a fee of three hundred fifteen dollars or, if
24		-	the applicant is a day camp affiliated with a nonprofit organization, for
25		-	no more than five days duration and for which labor and materials are
26		-	donated, no fee. All such licenses shall be valid for a period of one year
27		-	from the date of issuance unless surrendered for cancellation or
28		-	suspended or revoked by the commissioner for violation of this chapter
29		-	or any regulations adopted under section 19a-428 and shall be
30		-	renewable upon payment of an eight-hundred-fifteen-dollar license fee
31		-	or, if the licensee is a nonprofit, nonstock corporation or association, a Substitute House Bill No. 6417
	19	+	Section 1. Section 19a-421 of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	21	+	(a) No person shall establish, conduct or maintain a youth camp 3
	22	+	without a license issued by the office. Applications for such license shall 4
	23	+	be made in writing at least thirty days prior to the opening of the youth 5
	24	+	camp on forms provided and in accordance with procedures established 6
	25	+	by the commissioner and shall be accompanied by a fee of eight 7
	26	+	hundred fifteen dollars or, if the applicant is a nonprofit, nonstock 8
	27	+	corporation or association, a fee of three hundred fifteen dollars or, if 9
	28	+	the applicant is a day camp affiliated with a nonprofit organization, for 10
	29	+	no more than five days duration and for which labor and materials are 11
	30	+	donated, no fee. All such licenses shall be valid for a period of one year 12
	31	+	from the date of issuance unless surrendered for cancellation or 13
	32	+	suspended or revoked by the commissioner for violation of this chapter 14
	33	+	or any regulations adopted under section 19a-428 and shall be 15
	34	+	renewable upon payment of an eight-hundred-fifteen-dollar license fee 16
	35	+	or, if the licensee is a nonprofit, nonstock corporation or association, a 17
	36	+	three-hundred-fifteen-dollar license fee or, if the applicant is a day camp 18 Substitute Bill No. 6417
32	37
33		-	Public Act No. 21-82 2 of 8
34	38
35		-	three-hundred-fifteen-dollar license fee or, if the applicant is a day camp
36		-	affiliated with a nonprofit organization, for no more than five days
37		-	duration and for which labor and materials are donated, no fee.
38		-	(b) On and after October 1, 2022, any licensee shall require any
39		-	prospective employee eighteen years of age or older, who is applying
40		-	for a position at a youth camp that requires the provision of care to a
41		-	child or involves unsupervised access to a child, to submit to a
42		-	comprehensive background check. The background check shall include,
43		-	but not be limited to, a (1) (A) criminal history records check conducted
44		-	(i) in accordance with section 29-17a, or (ii) by searching the electronic
45		-	criminal record system maintained on the Internet web site of the
46		-	Judicial Department for convictions matching the prospective
47		-	employee's name and date of birth, (B) state child abuse registry
48		-	established pursuant to section 17a-101k, (C) registry established and
49		-	maintained pursuant to section 54-257, and (D) National Sex Offender
50		-	Registry Public Website maintained by the United States Department of
51		-	Justice, or (2) check by a third-party provider of national criminal
52		-	history record checks that is conducted through a centralized database
53		-	utilizing the prospective employee's fingerprints, provided such
54		-	provider appears on a list of such providers published on the Internet
55		-	web site of the Office of Early Childhood. Prior to each check of the state
56		-	child abuse registry conducted pursuant to this subsection, a licensee
57		-	shall submit to the office an authorization for the release of personal
58		-	information signed by the prospective employee, on a form prescribed
59		-	by the office, and the office shall submit such authorization to the
60		-	Department of Children and Families. Any prospective employee who
61		-	holds a J-1 visa, H-1B visa or R-1 visa issued by the United States
62		-	Department of State shall not be required to submit to a background
63		-	check under this section.
64		-	(c) Pending completion of all comprehensive background check
65		-	components described in subsection (b) of this section, a prospective Substitute House Bill No. 6417
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67		-	Public Act No. 21-82 3 of 8
	43	+	affiliated with a nonprofit organization, for no more than five days 19
	44	+	duration and for which labor and materials are donated, no fee. 20
	45	+	(b) On and after October 1, 2022, any licensee shall require any 21
	46	+	prospective employee eighteen years of age or older, who is applying 22
	47	+	for a position at a youth camp that requires the provision of care to a 23
	48	+	child or involves unsupervised access to a child, to submit to a 24
	49	+	comprehensive background check. The background check shall include, 25
	50	+	but not be limited to, a (1) (A) national criminal history record check, (B) 26
	51	+	check of the state child abuse registry established pursuant to section 27
	52	+	17a-101k, (C) check of the registry established and maintained pursuant 28
	53	+	to section 54-257, and (D) search of the National Sex Offender Registry 29
	54	+	Public Website maintained by the United States Department of Justice, 30
	55	+	or (2) check by a third-party provider of criminal history record checks 31
	56	+	conducted through a centralized database established by an 32
	57	+	independent national organization. Prior to each check of the state child 33
	58	+	abuse registry conducted pursuant to this subsection, (i) a licensee shall 34
	59	+	submit to the office an authorization for the release of personal 35
	60	+	information signed by the prospective employee, on a form prescribed 36
	61	+	by the office, and (ii) the office shall submit such authorization to the 37
	62	+	Department of Children and Families. 38
	63	+	(c) Pending completion of all background check components 39
	64	+	described in subsection (b) of this section, a prospective employee may 40
	65	+	begin work on a provisional basis, provided such prospective employee 41
	66	+	is supervised at all times by an employee who was subjected to a 42
	67	+	background check described in subsection (b) of this section within the 43
	68	+	past five years. 44
	69	+	(d) Each licensee shall maintain, and make available for inspection 45
	70	+	upon request of the office, any documentation associated with a 46
	71	+	comprehensive background check described in subsection (b) of this 47
	72	+	section, for a period of not less than five years from the date of (1) 48
	73	+	completion of such background check, if the subject of the 49
	74	+	comprehensive background check was not hired by the licensee, or (2) 50
	75	+	separation from employment, if the subject of the comprehensive 51 Substitute Bill No. 6417
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69		-	employee may begin work on a provisional basis, provided such
70		-	prospective employee is supervised at all times by an employee who
71		-	was subjected to a comprehensive background check described in
72		-	subsection (b) of this section within the past five years.
73		-	(d) Each licensee shall require any employee of a youth camp holding
74		-	a position that requires the provision of care to a child or involves
75		-	unsupervised access to a child to submit to a comprehensive
76		-	background check described in subsection (b) of this section not later
77		-	than five years after the date such employee was hired, and at least once
78		-	every five years thereafter. Nothing in this section prohibits a licensee
79		-	from requiring any such employee to submit to a comprehensive
80		-	background check more than once during a five-year period.
81		-	(e) The Commissioner of Early Childhood shall have the discretion to
82		-	refuse to license under sections 19a-420 to 19a-429, inclusive, a person
83		-	to establish, conduct or maintain a youth camp, as described in section
84		-	19a-420, or to suspend or revoke the license or take any other action set
85		-	forth in any regulation adopted pursuant to section 19a-428 if, the
86		-	person who establishes, conducts or maintains such youth camp or a
87		-	person employed therein in a position connected with the provision of
88		-	care to a child or involving unsupervised access to a child, has been
89		-	convicted in this state or any other state of a felony as defined in section
90		-	53a-25 involving the use, attempted use or threatened use of physical
91		-	force against another person, of cruelty to persons under section 53-20,
92		-	injury or risk of injury to or impairing morals of children under section
93		-	53-21, abandonment of children under the age of six years under section
94		-	53-23, or any felony where the victim of the felony is a child under
95		-	eighteen years of age, or of a violation of section 53a-70b of the general
96		-	statutes, revision of 1958, revised to January 1, 2019, 53a-70, 53a-70a,
97		-	53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state
98		-	or any other state that the commissioner reasonably believes renders the
99		-	person unsuitable to establish, conduct or maintain or be employed by Substitute House Bill No. 6417
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103		-	a youth camp. However, no refusal of a license shall be rendered except
104		-	in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
105		-	(f) Any person who is licensed to establish, operate or maintain a
106		-	youth camp shall notify the Commissioner of Early Childhood if such
107		-	licensee or any person employed by such youth camp is convicted of a
108		-	crime listed in subsection (e) of this section, if such licensee or person
109		-	employed by such youth camp is employed in a position connected with
110		-	the provision of care to a child or involving unsupervised access to a
111		-	child, immediately upon obtaining knowledge of the conviction. Failure
112		-	to comply with the notification requirement may result in the
113		-	suspension or revocation of the license or the imposition of any action
114		-	set forth in regulation, and shall subject the licensee to a civil penalty of
115		-	not more than one hundred dollars per day for each day after the
116		-	licensee obtained knowledge of the conviction, provided such civil
117		-	penalty shall not exceed the aggregate sum of four thousand five
118		-	hundred dollars.
119		-	(g) Each licensee shall maintain, and make available for inspection
120		-	upon request of the Office of Early Childhood, any documentation
121		-	associated with a comprehensive background check described in
122		-	subsection (b) of this section, for a period of not less than five years from
123		-	the date of (1) completion of such background check, if the subject of the
124		-	comprehensive background check was not hired by the licensee, or (2)
125		-	separation from employment, if the subject of the comprehensive
126		-	background check was hired by the licensee.
127		-	Sec. 2. Section 21a-432 of the general statutes is repealed and the
128		-	following is substituted in lieu thereof (Effective October 1, 2021):
129		-	(a) For purposes of this section:
130		-	(1) "Youth athletic activity" means an organized athletic activity
131		-	involving participants of not less than seven years of age, except as Substitute House Bill No. 6417
	82	+	background check was hired by the licensee. 52
	83	+	This act shall take effect as follows and shall amend the following
	84	+	sections:
132	85
133		-	~~Public Act No.~~ ~~21-82 5 of 8~~
	86	+	Section 1 October 1, 2021 19a-421
134	87
135		-	provided in subsections (d) to (f), inclusive, of this section, and not more
136		-	than nineteen years of age, who (A) (i) engage in an organized athletic
137		-	game or competition against another team, club or entity or in practice
138		-	or preparation for an organized game or competition against another
139		-	team, club or entity, or (ii) attend an organized athletic camp or clinic
140		-	the purpose of which is to train, instruct or prepare such participants to
141		-	engage in an organized athletic game or competition, and (B) (i) pay a
142		-	fee to participate in such organized athletic game or competition or
143		-	attend such camp or clinic, or (ii) whose cost to participate in such
144		-	athletic game or competition or attend such camp or clinic is sponsored
145		-	by a municipality, business or nonprofit organization. "Youth athletic
146		-	activity" does not include any college or university athletic activity, or
147		-	an athletic activity that is incidental to a nonathletic program or lesson;
148		-	and
149		-	(2) "Operator" means any municipality, business or nonprofit
150		-	organization that conducts, coordinates, organizes or otherwise
151		-	oversees any youth athletic activity but shall not include any
152		-	municipality, business or nonprofit organization solely providing access
153		-	to, or use of, any field, court or other recreational area, whether for
154		-	compensation or not.
155		-	(b) Not later than January 1, 2016, and annually thereafter, each
156		-	operator of a youth athletic activity shall make available a written or
157		-	electronic statement regarding concussions to each youth athlete and a
158		-	parent or legal guardian of each youth athlete participating in the youth
159		-	athletic activity. Such written or electronic statement shall be made
160		-	available upon registration of each youth athlete and shall be consistent
161		-	with the most recent information provided by the National Centers for
162		-	Disease Control and Prevention regarding concussions. Such written or
163		-	electronic statement shall include educational content addressing, at a
164		-	minimum: (1) The recognition of signs or symptoms of a concussion, (2)
165		-	the means of obtaining proper medical treatment for a person suspected Substitute House Bill No. 6417
166		-
167		-	Public Act No. 21-82 6 of 8
168		-
169		-	of sustaining a concussion, (3) the nature and risks of concussions,
170		-	including the danger of continuing to engage in youth athletic activity
171		-	after sustaining a concussion, and (4) the proper procedures for
172		-	allowing a youth athlete who has sustained a concussion to return to
173		-	athletic activity.
174		-	(c) No operator, or designee of such operator, shall be subject to civil
175		-	liability for failing to make available the written or electronic statement
176		-	regarding concussions pursuant to subsection (b) of this section.
177		-	(d) Notwithstanding the provisions of subsection (a) of this section,
178		-	for purposes of this subsection and subsections (e) and (f) of this section,
179		-	youth athletic activity also includes an organized athletic activity
180		-	involving participants less than seven years of age. On and after October
181		-	1, 2022, an operator shall require any prospective employee or
182		-	volunteer, except as provided in subsection (f) of this section, who is
183		-	eighteen years of age or older and applying for a position as a coach or
184		-	instructor of a youth athletic activity or as an athletic trainer, licensed
185		-	under chapter 375a, to submit to a comprehensive background check.
186		-	The background check shall include, but not be limited to, a (1) (A)
187		-	criminal history records check conducted (i) in accordance with section
188		-	29-17a, or (ii) by searching the electronic criminal record system
189		-	maintained on the Internet web site of the Judicial Department for
190		-	convictions matching the prospective employee's name and date of
191		-	birth, (B) check of the state child abuse registry established pursuant to
192		-	section 17a-101k, (C) check of the registry established and maintained
193		-	pursuant to section 54-257, and (D) search of the National Sex Offender
194		-	Registry Public Website maintained by the United States Department of
195		-	Justice, or (2) check by a third-party provider of national criminal
196		-	history record checks that is conducted in accordance with the national
197		-	industry background check standards established by the United States
198		-	Olympic and Paralympic Committee. For each check of the state child
199		-	abuse registry conducted pursuant to this subsection, an operator shall Substitute House Bill No. 6417
200		-
201		-	Public Act No. 21-82 7 of 8
202		-
203		-	submit to the Department of Children and Families an authorization for
204		-	the release of personal information signed by the prospective employee
205		-	or volunteer. The provisions of this subsection shall not apply to an
206		-	athletic coach of intramural or interscholastic athletics who is employed
207		-	by a local or regional board of education, provided such board satisfies
208		-	the requirements relating to state and national criminal history records
209		-	checks applicable to employees of such board pursuant to section 10-
210		-	221d. Pending completion of all background check components
211		-	described in this subsection, a prospective employee or volunteer may
212		-	begin work on a provisional basis, provided such prospective employee
213		-	or volunteer is supervised at all times by an employee or volunteer who
214		-	was subjected to a background check described in this subsection within
215		-	the previous five years.
216		-	(e) The comprehensive background checks required pursuant to
217		-	subsection (d) of this section shall be conducted at least once every five
218		-	years for each coach, instructor or athletic trainer employed by or
219		-	volunteering for an operator.
220		-	(f) A person who is eighteen years of age or older and applies for a
221		-	position as a coach, instructor or athletic trainer for a youth athletic
222		-	activity in the state shall not be required to submit to such
223		-	comprehensive background checks if such person (1) is an employee or
224		-	volunteer of an operator of a youth athletic activity in the state, or has
225		-	not been separated from employment or volunteer position as a coach,
226		-	instructor or athletic trainer for a youth athletic activity in the state for a
227		-	period of more than one hundred eighty days, and (2) has successfully
228		-	completed such comprehensive background checks in the previous five
229		-	years. Nothing in this section prohibits an operator from requiring that
230		-	a person applying for a position as a coach, instructor or athletic trainer
231		-	submit to comprehensive background checks more than once during a
232		-	five-year period.
233		-	(g) If the comprehensive background check conducted pursuant to Substitute House Bill No. 6417
234		-
235		-	Public Act No. 21-82 8 of 8
236		-
237		-	subsection (d) of this section results in a finding that a person who
238		-	applied for a position as a coach, instructor or athletic trainer for a youth
239		-	athletic activity has been convicted in this state or any other state of a
240		-	felony as defined in section 53a-25 involving the use, attempted use or
241		-	threatened use of physical force against another person, of cruelty to
242		-	persons under section 53-20, injury or risk of injury to or impairing
243		-	morals of children under section 53-21, abandonment of children under
244		-	the age of six years under section 53-23, or any felony where the victim
245		-	of the felony is a child under eighteen years of age, or of a violation of
246		-	section 53a-70b of the general statutes, revision of 1958, revised to
247		-	January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or
248		-	53a-73a, or has a criminal record in this state or any other state that the
249		-	operator reasonably believes may render the person unsuitable for a
250		-	position as a coach, instructor or athletic trainer for a youth athletic
251		-	activity, the operator to whom the person has applied shall not employ
252		-	the person or accept the person as a volunteer if, after considering (1)
253		-	the nature of the crime and its relationship to the position for which the
254		-	person has applied; (2) information pertaining to the degree of
255		-	rehabilitation of the convicted person; and (3) the time elapsed since the
256		-	conviction or release, the operator determines that such person is not
257		-	suitable for the position for which such person has applied.
	88	+	KID Joint Favorable Subst.
	89	+	APP Joint Favorable
258	90