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Substitute House Bill No. 5261

Public Act No. 16-98

AN ACT CONCERNING OPERATORS OF ATHLETIC ACTIVITIES, COACHES AND REFEREES AND THE EMPLOYER-EMPLOYEE RELATIONSHIP.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) For purposes of this section:

(1) "Coach" means any individual who volunteers or is paid to act as a head coach, assistant coach, clinician, manager or instructor, or in a similar supervisory position, for participants engaged in any organized athletic activity;

(2) "Operator" means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any organized athletic activity;

(3) "Organized athletic activity" means any activity involving participants who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic, the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or to attend such camp or clinic is sponsored by an operator. "Organized athletic activity" does not include any college or university athletic activity or any intramural or interscholastic athletics, as defined in section 10-149f of the general statutes, or any athletic activity that is incidental to a nonathletic program or an academic lesson; and

(4) "Referee" means an individual who volunteers or is paid to act as a referee, official, umpire or judge, or in a similar supervisory position, for any organized athletic activity.

(b) On and after October 1, 2016, for purposes of chapter 567 of the general statutes, no employer-employee relationship shall be deemed to exist between any operator of any organized athletic activity and any individual who is retained by such operator as a coach or referee of such organized athletic activity, except such operator and individual may mutually agree, in writing, to enter into an employer-employee relationship.

Vetoed June 2, 2016