Connecticut 2021 Regular Session

Connecticut House Bill HB06511 Compare Versions

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7	7		General Assembly Substitute Bill No. 6511
8	8		January Session, 2021
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14	14		AN ACT REQUIRING BAC KGROUND CHECKS FOR Y OUTH SPORTS
15	15		COACHES, TRAINERS AN D INSTRUCTORS.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Section 21a-432 of the general statutes is repealed and the 1
20	20		following is substituted in lieu thereof (Effective October 1, 2021): 2
21	21		(a) For purposes of this section: 3
22	22		(1) "Youth athletic activity" means an organized athletic activity 4
23	23		involving participants of not less than seven years of age, except as 5
24	24		provided in subsections (d) to (f), inclusive, of this section and not more 6
25	25		than nineteen years of age, who (A) (i) engage in an organized athletic 7
26	26		game or competition against another team, club or entity or in practice 8
27	27		or preparation for an organized game or competition against another 9
28	28		team, club or entity, or (ii) attend an organized athletic camp or clinic 10
29	29		the purpose of which is to train, instruct or prepare such participants to 11
30	30		engage in an organized athletic game or competition, and (B) (i) pay a 12
31	31		fee to participate in such organized athletic game or competition or 13
32	32		attend such camp or clinic, or (ii) whose cost to participate in such 14
33	33		athletic game or competition or attend such camp or clinic is sponsored 15
34	34		by a municipality, business or nonprofit organization. "Youth athletic 16
35	35		activity" does not include any college or university athletic activity, or 17
36	36		an athletic activity that is incidental to a nonathletic program or lesson; 18 Substitute Bill No. 6511
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43	43		and 19
44	44		(2) "Operator" means any municipality, business or nonprofit 20
45	45		organization that conducts, coordinates, organizes or otherwise 21
46	46		oversees any youth athletic activity but shall not include any 22
47	47		municipality, business or nonprofit organization solely providing access 23
48	48		to, or use of, any field, court or other recreational area, whether for 24
49	49		compensation or not. 25
50	50		(b) Not later than January 1, 2016, and annually thereafter, each 26
51	51		operator of a youth athletic activity shall make available a written or 27
52	52		electronic statement regarding concussions to each youth athlete and a 28
53	53		parent or legal guardian of each youth athlete participating in the youth 29
54	54		athletic activity. Such written or electronic statement shall be made 30
55	55		available upon registration of each youth athlete and shall be consistent 31
56	56		with the most recent information provided by the National Centers for 32
57	57		Disease Control and Prevention regarding concussions. Such written or 33
58	58		electronic statement shall include educational content addressing, at a 34
59	59		minimum: (1) The recognition of signs or symptoms of a concussion, (2) 35
60	60		the means of obtaining proper medical treatment for a person suspected 36
61	61		of sustaining a concussion, (3) the nature and risks of concussions, 37
62	62		including the danger of continuing to engage in youth athletic activity 38
63	63		after sustaining a concussion, and (4) the proper procedures for 39
64	64		allowing a youth athlete who has sustained a concussion to return to 40
65	65		athletic activity. 41
66	66		(c) No operator, or designee of such operator, shall be subject to civil 42
67	67		liability for failing to make available the written or electronic statement 43
68	68		regarding concussions pursuant to subsection (b) of this section. 44
69	69		(d) Notwithstanding the provisions of subsection (a) of this section, 45
70	70		for purposes of this subsection and subsections (e) and (f) of this section, 46
71	71		youth athletic activity also includes an organized athletic activity 47
72	72		involving participants less than seven years of age. On and after October 48
73	73		1, 2022, an operator shall require any prospective employee, except as 49
74	74		provided in subsection (f) of this section, who is eighteen years of age or 50 Substitute Bill No. 6511
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81	81		older and applying for a position as a coach or instructor of a youth 51
82	82		athletic activity or as an athletic trainer, licensed under chapter 375a, to 52
83	83		submit to a comprehensive background check, including state and 53
84	84		national criminal history records checks and a check of the state child 54
85	85		abuse registry established pursuant to section 17a-101k. The criminal 55
86	86		history records check required pursuant to this subsection shall be 56
87	87		conducted (1) in accordance with section 29-17a, or (2) by a third party 57
88	88		provider of criminal history record checks, including, but not limited to, 58
89	89		criminal history record checks conducted through a centralized 59
90	90		disciplinary database established by an independent national safe sport 60
91	91		organization. The provisions of this subsection shall not apply to an 61
92	92		athletic coach of intramural or interscholastic athletics who is employed 62
93	93		by a local or regional board of education, provided such board satisfies 63
94	94		the requirements relating to state and national criminal history records 64
95	95		checks applicable to employees of such board pursuant to section 10-65
96	96		221d. Any criminal history background check conducted pursuant to 66
97	97		this subsection shall be completed not later than five business days after 67
98	98		receipt of the request for such background check. Pending completion 68
99	99		of all background check components described in this subsection, a 69
100	100		prospective employee may begin work on a provisional basis, provided 70
101	101		such prospective employee is supervised at all times by an employee 71
102	102		who was subjected to a background check described in this subsection 72
103	103		within the previous five years. 73
104	104		(e) The comprehensive background checks required pursuant to 74
105	105		subsection (d) of this section shall be conducted at least once every five 75
106	106		years for each coach, instructor or athletic trainer employed by an 76
107	107		operator. 77
108	108		(f) A person who is eighteen years of age or older and applies for a 78
109	109		position as a coach, instructor or athletic trainer for a youth athletic 79
110	110		activity in the state shall not be required to submit to such 80
111	111		comprehensive background checks if such person (1) is an employee of 81
112	112		an operator of a youth athletic activity in the state, or has not been 82
113	113		separated from employment as a coach, instructor or athletic trainer for 83 Substitute Bill No. 6511
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120	120		a youth athletic activity in the state for a period of more than one 84
121	121		hundred eighty days, and (2) has successfully completed such 85
122	122		comprehensive background checks in the previous five years. Nothing 86
123	123		in this section prohibits an operator from requiring that a person 87
124	124		applying for a position as a coach, instructor or athletic trainer submit 88
125	125		to comprehensive background checks more than once during a five-year 89
126	126		period. 90
127	127		This act shall take effect as follows and shall amend the following
128	128		sections:
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130	130		Section 1 October 1, 2021 21a-432
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132	132		KID Joint Favorable Subst.
133		-	APP Joint Favorable
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