Date: 04/16/2015

Final
BILL SUMMARY for HB15-1328

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.004 (Attachment D). The motion f
Adopt amendment L.005 (Attachment E). The motion p
Refer House Bill 15-1328, as amended, to the Commi		FAIL
Pass Without Objection
PASS



03:20 PM

The committee recessed.


03:23 PM -- HB15-1328

The committee returned to order. Representative Singer, prime sponsor, presented House Bill 15-1328, concerning requiring youth sports organizations to require criminal history record checks of persons who work with children. Representative Singer explained the effect of the bill, and discussed its need. Representative Singer responded to questions regarding the potential impact of the bill on youth sports opportunities, and the cost for a criminal background check. Representative Singer responded to questions regarding the entities that will conduct background checks under the bill. Representative Singer responded to further questions regarding the types of organizations covered by the requirements of the bill, and the process by which such organizations will be appraised of the bill's requirements.


03:39 PM

Discussion continued regarding the types of sports organizations that would be covered by the requirements of HB 15-1328. Mr. Richard Sweetman, Office of Legislative Legal Services, responded to questions regarding the requirements of the bill. Representative Singer responded to questions regarding the differences between HB 15-1328 and a similar bill that was lost in the Senate.


03:46 PM

The following persons testified regarding HB 15-1328:

03:46 PM -- Ms. Michelle Peterson, representing MPC, testified in support of the bill. Ms. Peterson cited some statistics regarding abuse of children, particularly children who are abused in association with participation in sports leagues. Ms. Peterson discussed her work with children who are victims of abuse, and related her experiences that stemmed from her son's participation in youth sports. Ms. Peterson discussed the process by which predators seek new child victims. Representative Dore responded to questions regarding the number of sports organizations in Colorado that run background checks on their volunteers, and the potential for requiring consultants who work with youth sports organizations to be subjected to background checks. Ms. Peterson responded to further questions regarding parental involvement in ensuring the safety of their children when they participate in sports activities.


04:02 PM

Discussion ensued regarding effective methods for protecting children who participate in youth sports from abuse, and the potential for the bill to lead to further legislation creating additional safety requirements for youth sports organizations.

04:05 PM -- Ms. Rachel Sturtz, representing herself, testified in support of the bill. Ms. Sturtz explained that, in her role as a freelance journalist, she wrote a magazine article about child abuse associated with youth sports, and discussed the prevalence of abuse perpetrated by youth sports coaches. Ms. Sturtz noted the number of registered sex offenders in one Colorado city, and the rate at which child sexual abuse is reported. Ms. Sturtz responded to questions regarding the rate at which youth sports organizations conduct background checks on coaches.

04:12 PM -- Ms. Christina Cooley, representing the Colorado Amateur Hockey Association, testified in support of HB 15-1328. Ms. Cooley discussed efforts undertaken by her organization to screen coaching applicants, and the potential impact to her organization of being subjected to a lawsuit based on sex abuse of one if its participants. Ms. Cooley explained the process by which coaches involved in her organization are screened. Ms. Cooley responded to questions regarding the benefits of her organization's background screening efforts, and privacy protocols observed by the organization while conducting background checks. Ms. Cooley responded to further questions about the costs associated with the background checks, as well the frequency with which the checks are conducted.

04:22 PM -- Mr. Michael Harmon, representing the Evergreen High School Baseball Boosters Board, testified in support of the bill. Mr. Harmon discussed the importance of protecting children participating in youth sports, and the protections undertaken by his organization for the participating children. Mr. Harmon responded to questions regarding background checks undertaken by the Colorado High School Activities Association.

04:28 PM -- Ms. Carrie Alleman, representing herself, testified in support of the bill. Ms. Alleman discussed her and her sons' experiences in youth sports. Ms. Alleman stated that she believes background checks would help prevent abuse in youth sports, and that not conducting background checks is irresponsible. She stated that the fees to play sports were great, and that she would pay a small additional fee to perform background checks on coaches.

04:30 PM -- Mr. Patrick Byrne, representing Colorado Ski Country USA, testified on the bill. Mr. Byrne stated that he was neutral on the bill, and supported an upcoming amendment. Mr. Byrne discussed the upcoming amendment. He discussed organizations covered by the amendment. Discussion ensued regarding the applicability of the bill to group ski instruction, and the definition of a "youth sports organization" in the bill. Mr. Byrne responded to questions regarding the basis for his organization's objections to ski instructors being captured by the requirements of the bill. Discussion followed regarding how certain ski instructors might be subject to background checks, and the background checks currently conducted by ski resorts on their employees.

04:43 PM -- Ms. Karen Moldovan, representing the Colorado Coalition Against Sexual Assault, testified in support of HB 15-1328. Ms. Moldovan discussed the scope of child sex abuse, and the impact of these crimes on the victims.

04:45 PM -- Ms. Kathy Oatis, representing Background Information Services, testified in support of the bill. Ms. Oatis discussed the process by which background checks are run. Ms. Oatis responded to questions regarding how a foreign employee might be screened for criminal convictions.


04:47 PM

Representative Willett explained the effect of prepared amendment L.004 (Attachment D). Representative Singer provided his position on the amendment. Discussion ensued on the merits of the amendment.

15HouseJud0416AttachD.pdf15HouseJud0416AttachD.pdf
BILL:HB15-1328
TIME: 04:49:24 PM
MOVED:Willett
MOTION:Adopt amendment L.004 (Attachment D). The motion failed on a vote of 4-9.
SECONDED:Lee
VOTE
Buckner
No
Carver
Yes
Court
No
Dore
No
Foote
No
Lawrence
No
Lundeen
Yes
Pettersen
No
Salazar
No
Van Winkle
No
Willett
Yes
Lee
Yes
Kagan
No
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:55 PM

Representative Singer explained the effect of prepared amendment L.005 (Attachment E). Representative Singer responded to questions regarding the "core function" element of the amendment.

15HouseJud0416AttachE.pdf15HouseJud0416AttachE.pdf
BILL:HB15-1328
TIME: 05:00:11 PM
MOVED:Court
MOTION:Adopt amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:Kagan
VOTE
Buckner
Carver
Court
Dore
Foote
Lawrence
Lundeen
Pettersen
Salazar
Van Winkle
Willett
Lee
Kagan
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:00 PM

Representative Singer provided closing remarks in support of HB 15-1328. Various members provided their positions on the bill.
BILL:HB15-1328
TIME: 05:01:29 PM
MOVED:Court
MOTION:Refer House Bill 15-1328, as amended, to the Committee of the Whole. The motion passed on a vote of 8-5.
SECONDED:Pettersen
VOTE
Buckner
Yes
Carver
No
Court
Yes
Dore
Yes
Foote
Yes
Lawrence
No
Lundeen
No
Pettersen
Yes
Salazar
Yes
Van Winkle
No
Willett
No
Lee
Yes
Kagan
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS