Bill Text: NY A05522 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for regulation of volunteers of youth sports organizations; requires volunteers to be screened through use of the statewide sex offender registry; requires notice and disqualification of persons listed on such registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A05522 Detail]
Download: New_York-2013-A05522-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5522 2013-2014 Regular Sessions I N A S S E M B L Y February 28, 2013 ___________ Introduced by M. of A. GABRYSZAK -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to regulation of youth sports organizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new article 2 13-C to read as follows: 3 ARTICLE 13-C 4 REGULATION OF YOUTH SPORTS ORGANIZATIONS 5 SECTION 1397-A. DECLARATION OF PUBLIC POLICY. 6 1397-B. DEFINITIONS. 7 1397-C. STATEWIDE SEX OFFENDER REGISTRY INQUIRY. 8 1397-D. VOLUNTEERS SCREENED. 9 1397-E. NOTICE OF INQUIRY TO VOLUNTEERS. 10 1397-F. DISQUALIFICATION OF VOLUNTEERS. 11 1397-G. USE AND DISSEMINATION OF INFORMATION. 12 1397-H. VIOLATIONS; PENALTIES. 13 S 1397-A. DECLARATION OF PUBLIC POLICY. IT IS THE DECLARED POLICY OF 14 THE STATE OF NEW YORK TO PROTECT THE HEALTH, SAFETY AND WELFARE OF CHIL- 15 DREN ATTENDING YOUTH SPORTS ORGANIZATIONS. 16 S 1397-B. DEFINITIONS. 1. "YOUTH SPORTS ORGANIZATION" MEANS ANY PUBLIC 17 OR PRIVATE AGENCY, ORGANIZATION, ASSOCIATION OR GROUP ORGANIZED AND 18 FUNCTIONING, IN WHOLE OR IN PART, FOR THE PURPOSE OF PROVIDING YOUTH 19 WITH THE OPPORTUNITY TO PARTICIPATE IN SUPERVISED SPORTING ACTIVITIES. 20 AS USED HEREIN, "YOUTH SPORTS ORGANIZATION" SHALL INCLUDE ONLY THOSE 21 ORGANIZATIONS THAT USE VOLUNTEERS TO SUPERVISE YOUTH AND EXCLUDE INSTI- 22 TUTIONS WHICH ARE SANCTIONED BY THE EDUCATION DEPARTMENT TO PROVIDE 23 EDUCATIONAL INSTRUCTION TO YOUTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09174-01-3 A. 5522 2 1 2. "YOUTH" MEANS A PERSON UNDER THE AGE OF EIGHTEEN. 2 S 1397-C. STATEWIDE SEX OFFENDER REGISTRY INQUIRY. BEFORE ANY PERSON 3 IS PERMITTED TO VOLUNTEER HIS OR HER SERVICES WITH A YOUTH SPORTS ORGAN- 4 IZATION WHERE SUCH PERSON IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH 5 SUCH YOUTH SPORTS ORGANIZATIONS MUST MAKE AN INQUIRY OF THE STATEWIDE 6 SEX OFFENDER REGISTRY OPERATED BY THE DIVISION OF CRIMINAL JUSTICE 7 SERVICES, BY UTILIZING SUCH PROCEDURE AS SET FORTH IN SECTION ONE 8 HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE WHETHER THE 9 PROSPECTIVE VOLUNTEER IS LISTED IN THE REGISTRY AS A PERSON WHO MUST 10 REGISTER AS A SEX OFFENDER OR A SEXUALLY VIOLENT PREDATOR UNDER ARTICLE 11 SIX-C OF THE CORRECTION LAW. 12 S 1397-D. VOLUNTEERS SCREENED. NO LATER THAN JANUARY FIRST, TWO THOU- 13 SAND FOURTEEN, YOUTH SPORTS ORGANIZATIONS SHALL CAUSE TO BE CONDUCTED 14 THE STATEWIDE SEX OFFENDER REGISTRY INQUIRY DESCRIBED IN SECTION THIR- 15 TEEN HUNDRED NINETY-SEVEN-C OF THIS ARTICLE FOR ALL ACTIVE VOLUNTEERS OF 16 SUCH ORGANIZATION WHERE SUCH VOLUNTEER HAS DIRECT CONTACT WITH YOUTH. 17 S 1397-E. NOTICE OF INQUIRY TO VOLUNTEERS. A YOUTH SPORTS ORGANIZA- 18 TION, PRIOR TO INITIATING THE STATEWIDE SEX OFFENDER REGISTRY INQUIRY 19 DESCRIBED IN SECTIONS THIRTEEN HUNDRED NINETY-SEVEN-C AND THIRTEEN 20 HUNDRED NINETY-SEVEN-D OF THIS ARTICLE, SHALL INFORM THE VOLUNTEER OR 21 PERSON SEEKING TO VOLUNTEER HIS OR HER SERVICES THAT SUCH INQUIRY WILL 22 BE PERFORMED. 23 S 1397-F. DISQUALIFICATION OF VOLUNTEERS. A YOUTH SPORTS ORGANIZATION 24 IS PROHIBITED FROM PERMITTING ANY PERSON DETERMINED TO BE LISTED IN THE 25 STATEWIDE SEX OFFENDER REGISTRY PURSUANT TO SECTIONS THIRTEEN HUNDRED 26 NINETY-SEVEN-C AND THIRTEEN HUNDRED NINETY-SEVEN-D OF THIS ARTICLE TO 27 VOLUNTEER HIS OR HER SERVICES WITH SUCH ORGANIZATION WHERE SUCH PERSON 28 HAS OR IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH. 29 S 1397-G. USE AND DISSEMINATION OF INFORMATION. THE PROVISIONS OF 30 ARTICLE SIX-C OF THE CORRECTION LAW WHICH RESTRICT THE USE AND DISSEM- 31 INATION OF INFORMATION OBTAINED FROM THE STATEWIDE SEX OFFENDER REGISTRY 32 SHALL APPLY TO YOUTH SPORTS ORGANIZATIONS. 33 S 1397-H. VIOLATIONS; PENALTIES. A WILLFUL VIOLATION OF ANY OF THE 34 PROVISIONS OF THIS ARTICLE SHALL SUBJECT SUCH ORGANIZATION TO A CIVIL 35 PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS PROVIDED, HOWEVER, THAT FOR 36 A SECOND OR SUBSEQUENT VIOLATION THE COMMISSIONER MAY IMPOSE A CIVIL 37 PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS. 38 S 2. This act shall take effect on the sixtieth day after it shall 39 have become a law.