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HOUSE   .     .    .    .    .    .    .   No. 4140

  Section 5 contained in the engrossed Bill making appropriations for the fiscal year 2010 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 4129), which had been returned by His Excellency the Governor with recommendation of amendment (for message, see Attachment C of House, No. 4139).  June 30, 2009.


The Commonwealth of Massachusetts







An Act   providing standards allowing camps to conduct criminal history record checks of climbing wall instructors.


   Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure the safety of children in camp programs and certain activities, 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.     Chapter 6 of the General Laws is hereby amended by inserting after section 172J the following section:--

Section 172K.   Notwithstanding section 172 or any other general or special law to the contrary, any children’s camp or school that plans to employ or accept as a volunteer for a climbing wall or challenge course program, a person who is or has previously been   the subject of a record check pursuant to sections 172G, 172H, 172I or section 38R of chapter 71, shall not be required to conduct a second record check by reason of such person's employment or volunteering for a climbing wall or challenge course program, within 12 months of the previous record check.   Such camp or school may either simultaneously submit to the criminal history systems board applications for a record check under sections 172G, 172H, 172I or section 38R of chapter 71 and this section, or use the information obtained within the prior 12 months under sections 172G, 172H, 172I or section 38R of chapter 71 for the purpose of the climbing wall or challenge course program.   If the camp or school submits simultaneous applications, the criminal history systems board shall conduct the most comprehensive record check required by either application, and the results of such record check shall satisfy the camp or school's obligations to request record information with respect to both job functions.   The camp or school may also disseminate information obtained under this section to the department of public safety.   The criminal history systems board shall only assess the camp or school 1 fee for simultaneous requests filed pursuant to this section.

Information obtained pursuant to this section shall not be disseminated for any purpose other than to further the protection of children.

SECTION 2.   This act shall take effect as of July 1, 2009.


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