June 29, 2009
To the Honorable Senate and House of Representatives:
Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Section 5 of House Bill No. 4129, "An Act 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."
Section 5 requires CORI checks for volunteers or employees of a children's school or camp that will be instructing a climbing course or a challenge course program. I support the purposes of this section.
This section, however, allows the Criminal History Systems Board to assess only one fee on the school or camp for the CORI check on these volunteers and employees. To avoid significant additional costs to the CHSB, I recommend allowing it to assess a fee per request.
For these reasons, I recommend that Section 5 be amended by striking out the text and inserting in place thereof the following text:-
SECTION 5. 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, a 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. The 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 assess the camp or school 1 fee for simultaneous requests and may assess the camp or school for each additional request 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.