New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S05257 Summary:

S05257 Actions:

S05257 Committee Votes:

S05257 Floor Votes:

S05257 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5257--C
            Cal. No. 414
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 20, 2025
                                       ___________
 
        Introduced  by Sens. HINCHEY, RHOADS, ROLISON, C. RYAN -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Consumer  Protection  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to the Committee on Consumer Protection in accordance with Senate Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said committee, ordered to first and second report, ordered to a third
          reading,  passed  by  Senate  and delivered to the Assembly, recalled,
          vote reconsidered, restored to  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
 
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          mandatory background checks for persons employed by certain businesses
          serving minors and prohibiting certain persons from owning such  busi-
          nesses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  398-h to read as follows:
     3    § 398-h. Background check requirements for youth service providers. 1.
     4  As used in this section:
     5    (a) (i) "Youth service provider" means any business corporation,  not-
     6  for-profit  corporation,  limited liability company, or limited partner-
     7  ship that regularly provide instructional, recreational or  extracurric-
     8  ular services to minors, including but not limited to:
     9    (A) dance, gymnastics, music, or performing arts studios or schools;
    10    (B) martial arts academies;
    11    (C) sports training facilities; or
    12    (D) tutoring or academic enrichment centers.
    13    (ii) "Youth service provider facility" shall not include any public or
    14  private school subject to the provisions of the education law or any day
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09912-11-6
        S. 5257--C                          2
 
     1  care  center  subject  to  the  provisions  of article six of the social
     2  services law.
     3    (b)  "Covered  person" means an operator, employee, regular volunteer,
     4  or independent contractor that is eighteen years of age  or  older,  who
     5  has  direct  responsibility  for  the supervision, instruction, care, or
     6  safety of minors and has contact with minors  through  a  youth  service
     7  provider facility.
     8    (c)  "Minor  child" or "minor" means a child under the age of eighteen
     9  years.
    10    (d) "Regular volunteer" means a volunteer who is eighteen years of age
    11  or older and who has direct responsibility for the supervision, instruc-
    12  tion, care, or safety of minors through a  youth  service  provider  for
    13  more than sixteen hours per month or thirty-two hours per year.
    14    2.  Notwithstanding  any  other  provision of law to the contrary, and
    15  subject to rules and regulations of the  division  of  criminal  justice
    16  services,  the  following  background checks shall be conducted by youth
    17  service providers for covered persons at the  time  and  in  the  manner
    18  required by this section:
    19    (a) a search of the New York state sex offender registry;
    20    (b)  a search of any state sex offender registry or repository in each
    21  state other than New York where such person resides  or  resided  during
    22  the preceding five years, if applicable unless such state's sex offender
    23  registry information will be provided as part of the clearance conducted
    24  pursuant to paragraph (c) of this subdivision; and
    25    (c)  a  search of the United States department of justice national sex
    26  offender public website.
    27    3. A covered person must undergo a background check  as  described  in
    28  subdivision two of this section:
    29    (a)  after  a  job  offer but prior to commencement of employment by a
    30  youth service provider;
    31    (b) before regularly volunteering at, being contracted by, or  operat-
    32  ing a youth service provider; and
    33    (c)  at  least once every five years during such employment, regularly
    34  volunteering, contracting, or operating at the  youth  service  provider
    35  facility.
    36    4.  Notwithstanding  any  other  provision  of  law to the contrary, a
    37  covered person shall be deemed disqualified from  employment,  regularly
    38  volunteering,  or  contracting  at  a youth service provider facility if
    39  such person, either prior to  the  commencement  or  during  employment,
    40  regularly volunteering, or contracting:
    41    (a)  refuses  to consent to the background check described in subdivi-
    42  sion two of this section;
    43    (b) knowingly makes a materially false statement  in  connection  with
    44  such background check; or
    45    (c)  is  registered,  or  is required to be registered, on a state sex
    46  offender registry or repository  or  the  United  States  department  of
    47  justice national sex offender registry.
    48    5.  No person who is registered, or is required to be registered, on a
    49  sex offender registry pursuant to paragraph (c) of subdivision  four  of
    50  this section shall own or operate a youth service provider facility. For
    51  purposes  of this subdivision, ownership shall mean having a controlling
    52  interest in the youth service provider facility.
    53    6. The provisions of this  section  shall  not  apply  to  any  person
    54  rendering emergency services at the youth service provider facility.
    55    7.  Upon the request of any covered person denied or disqualified from
    56  employment, contract, volunteer position,  or  operator  position  under
        S. 5257--C                          3
 
     1  subdivision  two,  three  or  four  of  this  section, the youth service
     2  provider shall provide, within thirty days of such  request,  a  written
     3  statement setting forth the reasons for such denial or disqualification.
     4  Any   such  covered  person  denied  or  disqualified  from  employment,
     5  contract, volunteer position, or operator position pursuant to  subdivi-
     6  sion  two,  three or four of this section shall be afforded the opportu-
     7  nities for enforcement  available  pursuant  to  section  seven  hundred
     8  fifty-five of the correction law.
     9    8.  (a)  Whenever  there shall be a violation of any provision of this
    10  section, an application may be made by the attorney general in the  name
    11  of  the  people  of  the  state of New York to a court or justice having
    12  jurisdiction by a special proceeding to issue an  injunction,  and  upon
    13  notice  to  the  respondent  of  not  less than five days, to enjoin and
    14  restrain the continuance of such violations; and if it shall  appear  to
    15  the  satisfaction  of  the  court or justice that the respondent has, in
    16  fact, violated any provision of  this  section,  an  injunction  may  be
    17  issued  by  such court or justice, enjoining and restraining any further
    18  violation, without requiring proof that any person has,  in  fact,  been
    19  injured  or  damaged  thereby. Whenever the court shall determine that a
    20  violation of any provision of this section has occurred, the  court  may
    21  impose  a  civil  penalty of not more than ten thousand dollars for each
    22  violation. In connection with any such application, the attorney general
    23  is authorized to take proof and make a  determination  of  the  relevant
    24  facts  and  to issue subpoenas in accordance with the civil practice law
    25  and rules.
    26    (b) A  youth  service provider or owner that fails to comply with  the
    27  background  check  requirements of this section or knowingly employs  or
    28  contracts  with an individual or regular  volunteer  disqualified  under
    29  subdivision  four of this section may be subject to suspension  or revo-
    30  cation of  any license or permit to operate the youth  service  provider
    31  facility where the violation occurred.
    32    §  2.  The  division of criminal justice services shall promulgate and
    33  enforce any rules and regulations necessary for  the  implementation  of
    34  this act.
    35    §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
    36  section or part of this act shall be adjudged by any court of  competent
    37  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    38  invalidate the remainder thereof, but shall be confined in its operation
    39  to the clause, sentence, paragraph, subdivision, section or part thereof
    40  directly involved in the controversy in which such judgment  shall  have
    41  been rendered. It is hereby declared to be the intent of the legislature
    42  that  this  act  would have been enacted even if such invalid provisions
    43  had not been included herein.
    44    § 4. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law. Effective immediately, the addition,  amend-
    46  ment and/or repeal of any rule or regulation necessary for the implemen-
    47  tation  of  this act on its effective date are authorized to be made and
    48  completed on or before such effective date.