71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 122
Senate Bill 219
Sponsored by Senator COURTNEY; Representative BACKLUND
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Oregon Youth Sports Commission within Department of
Human Services.
Requires individuals who coach or supervise organized youth
sports activities to be certified by commission. Prohibits
providers of youth sports activities from allowing individuals to
coach or supervise without certification. Imposes civil penalty
of up to $1,000 for violation of requirements.
Appropriates moneys to Department of Human Services from
General Fund for administrative expenses of commission.
A BILL FOR AN ACT
Relating to youth sports; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 10 of this 2001 Act:
(1) 'Subject individual' means any person who is a resident of
Oregon who is directly involved with the coaching or supervision
of children participating in an organized youth sport activity.
(2) 'Youth sports activity' does not include any activity
operated by a school district or public charter school. + }
SECTION 2. { + (1) A subject individual may not coach or
supervise an organized youth sports activity without a
certification issued by the Oregon Youth Sports Commission under
section 9 of this 2001 Act.
(2) A provider of organized youth sports activities may not
allow a subject individual to coach or supervise an organized
youth sports activity unless the subject individual has been
certified by the Oregon Youth Sports Commission. + }
SECTION 3. { + Section 2 of this 2001 Act becomes operative on
July 1, 2002. + }
SECTION 4. { + (1) There is established the Oregon Youth
Sports Commission within the Department of Human Services for the
purposes of carrying out and enforcing sections 1 to 10 and 11 of
this 2001 Act.
(2) The commission shall be appointed by the Governor and shall
consist of seven members who represent a variety of youth sports
activities. The members shall reflect the geographic diversity of
the state.
(3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(4) The appointment of a member of the commission is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 5. { + Notwithstanding the term of office specified by
section 4 of this 2001 Act, of the members first appointed to the
Oregon Youth Sports Commission:
(1) One shall serve for a term ending December 31, 2002.
(2) Two shall serve for terms ending December 31, 2003.
(3) Two shall serve for terms ending December 31, 2004.
(4) Two shall serve for terms ending December 31, 2005. + }
SECTION 6. { + (1) The Oregon Youth Sports Commission shall
select one of its members as chairperson and another as vice
chairperson, for such terms and with duties and powers necessary
for the performance of the functions of such offices as the
commission determines.
(2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(3) The commission shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the commission. + }
SECTION 7. { + (1) The Oregon Youth Sports Commission shall
appoint a director to serve at the pleasure of the commission.
(2) The designation of the director must be by written order,
filed with the Secretary of State.
(3) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the commission, prescribe their duties
and fix their compensation. + }
SECTION 8. { + The Oregon Youth Sports Commission shall:
(1) Determine the qualifications of applicants for
certification and renewal of certification.
(2) Create and adopt a list of crimes that disqualify a subject
individual from certification if the subject individual has been
convicted of the crime or has been convicted of a substantially
equivalent crime in another jurisdiction.
(3) Approve, issue, deny, revoke, suspend and renew
certifications.
(4) In accordance with applicable provisions of ORS 183.310 to
183.550, adopt rules necessary for the administration of sections
1 to 10 and 11 of this 2001 Act. + }
SECTION 9. { + (1) Upon receiving an application for
certification from a subject individual, the Oregon Youth Sports
Commission shall complete a criminal records check pursuant to
ORS 181.537. The commission may certify the subject individual
if:
(a) The subject individual has not been convicted of any of the
crimes in the list adopted under section 8 (2) of this 2001 Act;
and
(b) The subject individual has completed a sports education
program approved by the commission.
(2) Upon request, the commission may release the names of
subject individuals who are certified to any provider of
organized youth sports activities and to local youth sports
authorities. + }
SECTION 10. { + (1) The Oregon Youth Sports Commission shall
adopt fees to cover the administrative costs of the certification
program established under sections 1 to 10 and 11 of this 2001
Act.
(2) The fees adopted under this section shall not exceed the
cost of administering the certification program. Fees are subject
to prior approval of the Oregon Department of Administrative
Services and a report to the Emergency Board prior to their
adoption and shall be within the Department of Human Services's
budget authorized by the Legislative Assembly as that budget may
be modified by the Emergency Board. + }
SECTION 11. { + (1) In addition to any other penalty provided
by law, any person or organization who violates section 2 of this
2001 Act or any rule adopted thereunder shall forfeit and pay to
the Oregon Youth Sports Commission a civil penalty in an amount
determined by the commission of not more than $1,000 for each
offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) Civil penalties recovered under this section shall be
deposited into the General Fund and credited to the commission.
Moneys deposited are appropriated continuously to the commission
and shall be used only for the administration and enforcement of
this section and sections 1 to 10 of this 2001 Act. + }
SECTION 12. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2001, out of the
General Fund, the sum of $___, which may be expended by the
Oregon Youth Sports Commission for the administration of sections
1 to 10 and 11 of this 2001 Act. + }
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