HOUSE DOCKET, NO. 1947        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 254

The Commonwealth of Massachusetts

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PRESENTED BY:

Carole A. Fiola

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to criminal record checks for school referees.

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PETITION OF:

HOUSE DOCKET, NO. 1947        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 254

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to criminal record checks for school referees.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide safety measures for school children engaged in competitive sporting events, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after paragraph (25) the following paragraph:-

(26) Pursuant to section 47 of chapter 71, a school committee, its athletic director or designated employee of the school district, or a designated authorized representative of the school committee shall obtain from the department of criminal justice information services data permitted under section 172N. Information obtained under this section shall not be disseminated for any purpose other than to further the protection of children.

SECTION 2. Said chapter 6 is hereby further amended by inserting after section 172M, as inserted by section 4 of chapter 10 of the acts of 2015, the following section:-

Section 172N.  Notwithstanding section 172 or any other general or special law to the contrary, to assist a school committee in determining suitability of any official, referee or umpire officiating at any athletic event contact with children, an athletic director of a school committee or if the school committee has no athletic director, a designated employee of a school district, or a designated authorized representative of a school committee, shall obtain all available criminal offender record information from the department prior to accepting any such official, referee or umpire as an employee, volunteer, vendor or contractor who may have direct or unmonitored contact with children 18 years of age or less. An official, referee or umpire may include any game official enrolled, listed, or otherwise allowed to officiate an athletic event by the authorized representative of the school committee as provided for in section 47 of chapter 71. Information obtained under this section shall not be disseminated for any purpose other than to further the protection of children.

SECTION 3. The first paragraph of section 47 of chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first sentence the following 3 sentences:- The school committee shall require an athletic director or, if the school committee has no athletic director, a designated employee of the school district, or a designated authorized representative to conduct a criminal record check of any official, referee or umpire officiating at any athletic event bearing the school name or organized in connection therewith to assist the school committee in determining suitability of the official for contact with children. Such person or designated authorized representative shall obtain all available criminal offender record information from the department of criminal justice information services prior to the school committee accepting any person as an employee, volunteer, vendor or contractor who may have direct or unmonitored contact with children 18 years of age or less, which shall include any game official, referee or umpire enrolled, listed, or otherwise allowed to officiate such athletic event. If an athletic director or a designated employee of the school district receives criminal offender record information that includes no disposition or is otherwise incomplete, the school committee shall request that the school committee’s authorized representative provide the results of its own background check, if any, to assist the school committee in determining suitability of the official for contact with children.

SECTION 4.The department of elementary and secondary education shall provide guidelines to school committees to assist in the implementation of this act no later than 30 days after the passage of this act.