First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0372.01 Richard Sweetman x4333SENATE BILL 15-048 SENATE SPONSORSHIP Heath, HOUSE SPONSORSHIP Singer, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning requiring youth sports organizations to require criminal history record checks of persons who work with children. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) A youth sports organization shall require all employees and volunteers who work directly with youth members 5 or more days in a calendar month, and any employee or volunteer who will accompany the youth sports organization on any trip that includes one or more overnight stays, to obtain a criminal history record check. A "youth sports organization" means a private, for-profit, or not-for-profit organization that provides sports activities designed for the participation of youth 18 years of age or younger. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 26-6-103.8 as follows: 26-6-103.8. Application of part - youth sports organizations - background checks required - definitions. (1) Notwithstanding any provision of this part 1 to the contrary, a youth sports organization that is not licensed pursuant to this part 1 on the effective date of this section is subject only to the requirements of this section and otherwise exempt from the requirements of this part 1. (2) (a) A youth sports organization operating in the state of Colorado shall require all employees and volunteers who work directly, or will work directly, with youth members five or more days in a calendar month, and any employee or volunteer who will accompany the youth sports organization on any trip that includes one or more overnight stays, to obtain, prior to starting such work or taking such trip, and every two years thereafter, as may be necessary, one of the following: (I) A state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation, which criminal history record check ascertains whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S.; a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or a comparable offense committed in any other state; or (II) A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq. that discloses, at a minimum, sexual offenders and felony convictions and includes a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check must ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S.; a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or a comparable offense committed in any other state. (b) A youth sports organization shall not hire a person as an employee or approve a person as a volunteer if a criminal history record check of the person performed pursuant to subparagraph (I) or (II) of paragraph (a) of this subsection (1) shows that the person has been convicted of felony child abuse as specified in section 18-6-401, C.R.S.; a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S; or any comparable offense committed in another state. (3) A person who takes part in the activities of a youth sports organization but who is not required to obtain a criminal history record check pursuant to subsection (1) of this section must at all times be supervised by an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (1) of this section. (4) As used in this section, unless the context otherwise requires: (a) "Employee" means a paid employee of a youth sports organization who is eighteen years of age or older. (b) "Volunteer" means a person who volunteers his or her assistance to a youth sports organization and who is eighteen years of age or older. SECTION 2. In Colorado Revised Statutes, 26-6-102, add (14) as follows: 26-6-102. Definitions. As used in this article, unless the context otherwise requires: (14) (a) "Youth sports organization" means a private, for-profit, or not-for-profit organization that provides sports activities designed for the participation of youth eighteen years of age or younger. (b) For the purposes of section 26-6-103 (1) (a), a "youth sports organization" is not a special school or class operated primarily for a single skill-building purpose. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.