This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 15, 2024 at 2:41 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill addresses requirements for certain organizations that hire individuals or use
10 volunteers to care for or supervise children.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires youth service organizations to:
15 • conduct a search of the Utah and national sex offender registries before
16 employing or using as a volunteer an individual who would be responsible to
17 care for or supervise children; and
18 • provide training and have policies and procedures concerning the Ŝ→ [
19 and reporting of Ŝ→ [
20 ▸ provides that for certain purposes, a youth service organization is considered
21 negligent if it fails to conduct a sex offender registry search, or employs or uses as a
22 volunteer an individual who was on the Utah or national sex offender registry;
23 ▸ allows an insurer to request information from a youth service organization
24 concerning compliance with the requirements of this bill; and
25 ▸ states that the provisions of the bill do not abrogate any existing cause of action or
26 create a new private right of action.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 ENACTS:
33 80-8-101, Utah Code Annotated 1953
34 80-8-201, Utah Code Annotated 1953
35 80-8-202, Utah Code Annotated 1953
36 80-8-203, Utah Code Annotated 1953
37 80-8-204, Utah Code Annotated 1953
38 80-8-205, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 80-8-101 is enacted to read:
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44 80-8-101. Definitions.
45 As used in this chapter:
46 (1) "Child" means an individual under 18 years old.
47 (2) "Registered sex offender check" means a search of:
48 (a) the state's Sex and Kidnap Offender Registry described in Title 77, Chapter 41, Sex
49 and Kidnap Offender Registry; and
50 (b) the National Sex Offender Public Website administered by the United States
51 Department of Justice.
52 (3) "Sexual abuse" means the same as that term is defined in Section 78B-2-308.
53 (4) (a) "Youth services organization" means a sports league, athletic association,
54 church or religious organization, scouting organization, or similar formally organized
55 association, league, or organization, that provides recreational, educational, cultural, or social
56 programs or activities to 25 or more children.
57 (b) "Youth services organization" does not include any person that is required to
58 conduct a background check on employees or volunteers under any other provision of state or
59 federal law.
60 (5) "Youth worker" means an individual:
61 (a) who is 18 years old or older;
62 (b) who is employed by or volunteers with a youth services organization; and
63 (c) whose responsibilities as an employee or volunteer with the youth services
64 organization give the individual regular and repeated care, supervision, guidance, or control of
65 a child or children.
66 Section 2. Section 80-8-201 is enacted to read:
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68 80-8-201. Youth protection requirements.
69 (1) A youth service organization may not employ a youth worker or allow an individual
70 to volunteer as a youth worker unless the youth service organization has completed a registered
71 sex offender check for the individual.
72 (2) A youth services organization shall require a potential youth worker to provide the
73 individual's full name and a current, government-issued identification to facilitate the registered
74 sex offender check required by Subsection (1).
75 (3) If an individual is registered on the state's Sex and Kidnap Offender Registry or the
76 National Sex Offender Public Website, a youth service organization may not employ the
77 individual as a youth worker or allow the individual to volunteer as a youth worker.
78 Section 3. Section 80-8-202 is enacted to read:
79 80-8-202. Training -- Policies.
80 (1) A youth service organization shall provide and a youth worker shall complete
81 reasonable training in Ŝ→ [
81a abuse identification and ←Ŝ
82 reporting.
83 (2) A youth service organization shall implement reasonable child abuse prevention
84 policies and procedures that include:
85 (a) policies to ensure that a registered sex offender check is conducted for each youth
86 worker before the youth worker is employed or allowed to volunteer; and
87 (b) policies to ensure the reporting of suspected Ŝ→ sexual ←Ŝ abuse Ŝ→ [
87a in compliance with
88 Section 80-2-602.
89 Section 4. Section 80-8-203 is enacted to read:
90 80-8-203. Penalty.
91 (1) Beginning May 1, 2025, in any lawsuit against a youth service organization arising
92 out of the molestation or sexual abuse of a child committed by a youth worker against a child
93 who was in the custody or care of the youth service organization, the youth service organization
94 shall be considered negligent if:
95 (a) (i) the youth service organization failed to conduct a registered sex offender check
96 for the youth worker who committed the molestation or sexual abuse; and
97 (ii) a registered sex offender check for the youth worker would have revealed that the
98 youth worker was registered on the state's Sex and Kidnap Offender Registry or the National
99 Sex Offender Public Website; or
100 (b) (i) the youth service organization conducted a registered sex offender check for the
101 youth worker who committed the molestation or sexual abuse;
102 (ii) the registered sex offender check revealed that the youth worker was registered on
103 the state's Sex and Kidnap Offender Registry or the National Sex Offender Public Website; and
104 (iii) the youth service organization nevertheless employed the youth worker or allowed
105 the youth worker to volunteer.
106 (2) Nothing in this section excuses the plaintiff in a lawsuit described in Subsection (1)
107 from proving all other elements of any pleaded claim, including, as applicable, duty, proximate
108 cause, or damages.
109 Section 5. Section 80-8-204 is enacted to read:
110 80-8-204. Insurance.
111 (1) Before writing liability insurance for a youth service organization in the state, an
112 insurer may do one or more of the following:
113 (a) request information from the youth service organization demonstrating compliance
114 with this chapter as part of the insurer's loss control program; or
115 (b) require, as a condition of providing insurance, proof that the youth service
116 organization is in compliance with this chapter.
117 (2) Nothing in this chapter shall be construed to alter or amend existing obligations
118 under any policy of insurance.
119 Section 6. Section 80-8-205 is enacted to read:
120 80-8-205. No effect on cause of action -- No duty created.
121 (1) Nothing in this chapter abrogates any existing cause of action.
122 (2) Nothing in this chapter creates a private right of action or establishes a duty of
123 reasonable care where one would not otherwise exist.
124 Section 7. Effective date.
125 This bill takes effect on May 1, 2025.