Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06511 Comm Sub / Bill

Filed 03/29/2021

                     
 
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General Assembly  Substitute Bill No. 6511  
January Session, 2021 
 
 
 
 
 
AN ACT REQUIRING BAC KGROUND CHECKS FOR Y OUTH SPORTS 
COACHES, TRAINERS AN D INSTRUCTORS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 21a-432 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
(a) For purposes of this section: 3 
(1) "Youth athletic activity" means an organized athletic activity 4 
involving participants of not less than seven years of age, except as 5 
provided in subsections (d) to (f), inclusive, of this section and not more 6 
than nineteen years of age, who (A) (i) engage in an organized athletic 7 
game or competition against another team, club or entity or in practice 8 
or preparation for an organized game or competition against another 9 
team, club or entity, or (ii) attend an organized athletic camp or clinic 10 
the purpose of which is to train, instruct or prepare such participants to 11 
engage in an organized athletic game or competition, and (B) (i) pay a 12 
fee to participate in such organized athletic game or competition or 13 
attend such camp or clinic, or (ii) whose cost to participate in such 14 
athletic game or competition or attend such camp or clinic is sponsored 15 
by a municipality, business or nonprofit organization. "Youth athletic 16 
activity" does not include any college or university athletic activity, or 17 
an athletic activity that is incidental to a nonathletic program or lesson; 18  Substitute Bill No. 6511 
 
 
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and 19 
(2) "Operator" means any municipality, business or nonprofit 20 
organization that conducts, coordinates, organizes or otherwise 21 
oversees any youth athletic activity but shall not include any 22 
municipality, business or nonprofit organization solely providing access 23 
to, or use of, any field, court or other recreational area, whether for 24 
compensation or not. 25 
(b) Not later than January 1, 2016, and annually thereafter, each 26 
operator of a youth athletic activity shall make available a written or 27 
electronic statement regarding concussions to each youth athlete and a 28 
parent or legal guardian of each youth athlete participating in the youth 29 
athletic activity. Such written or electronic statement shall be made 30 
available upon registration of each youth athlete and shall be consistent 31 
with the most recent information provided by the National Centers for 32 
Disease Control and Prevention regarding concussions. Such written or 33 
electronic statement shall include educational content addressing, at a 34 
minimum: (1) The recognition of signs or symptoms of a concussion, (2) 35 
the means of obtaining proper medical treatment for a person suspected 36 
of sustaining a concussion, (3) the nature and risks of concussions, 37 
including the danger of continuing to engage in youth athletic activity 38 
after sustaining a concussion, and (4) the proper procedures for 39 
allowing a youth athlete who has sustained a concussion to return to 40 
athletic activity. 41 
(c) No operator, or designee of such operator, shall be subject to civil 42 
liability for failing to make available the written or electronic statement 43 
regarding concussions pursuant to subsection (b) of this section. 44 
(d) Notwithstanding the provisions of subsection (a) of this section, 45 
for purposes of this subsection and subsections (e) and (f) of this section, 46 
youth athletic activity also includes an organized athletic activity 47 
involving participants less than seven years of age. On and after October 48 
1, 2022, an operator shall require any prospective employee, except as 49 
provided in subsection (f) of this section, who is eighteen years of age or 50  Substitute Bill No. 6511 
 
 
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older and applying for a position as a coach or instructor of a youth 51 
athletic activity or as an athletic trainer, licensed under chapter 375a, to 52 
submit to a comprehensive background check, including state and 53 
national criminal history records checks and a check of the state child 54 
abuse registry established pursuant to section 17a-101k. The criminal 55 
history records check required pursuant to this subsection shall be 56 
conducted (1) in accordance with section 29-17a, or (2) by a third party 57 
provider of criminal history record checks, including, but not limited to, 58 
criminal history record checks conducted through a centralized 59 
disciplinary database established by an independent national safe sport 60 
organization. The provisions of this subsection shall not apply to an 61 
athletic coach of intramural or interscholastic athletics who is employed 62 
by a local or regional board of education, provided such board satisfies 63 
the requirements relating to state and national criminal history records 64 
checks applicable to employees of such board pursuant to section 10-65 
221d. Any criminal history background check conducted pursuant to 66 
this subsection shall be completed not later than five business days after 67 
receipt of the request for such background check. Pending completion 68 
of all background check components described in this subsection, a 69 
prospective employee may begin work on a provisional basis, provided 70 
such prospective employee is supervised at all times by an employee 71 
who was subjected to a background check described in this subsection 72 
within the previous five years. 73 
(e) The comprehensive background checks required pursuant to 74 
subsection (d) of this section shall be conducted at least once every five 75 
years for each coach, instructor or athletic trainer employed by an 76 
operator. 77 
(f) A person who is eighteen years of age or older and applies for a 78 
position as a coach, instructor or athletic trainer for a youth athletic 79 
activity in the state shall not be required to submit to such 80 
comprehensive background checks if such person (1) is an employee of 81 
an operator of a youth athletic activity in the state, or has not been 82 
separated from employment as a coach, instructor or athletic trainer for 83  Substitute Bill No. 6511 
 
 
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a youth athletic activity in the state for a period of more than one 84 
hundred eighty days, and (2) has successfully completed such 85 
comprehensive background checks in the previous five years. Nothing 86 
in this section prohibits an operator from requiring that a person 87 
applying for a position as a coach, instructor or athletic trainer submit 88 
to comprehensive background checks more than once during a five-year 89 
period. 90 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 21a-432 
 
KID Joint Favorable Subst.