NY State Assembly Bill 2009-A10207

Assembly Bill A10207

2009-2010 Legislative Session

Requires volunteers of youth sports organizations to be screened through use of the statewide sex offender registry

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2010	reference changed to codes
Mar 11, 2010	referred to health

multi-Sponsors

2009-A10207 (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 13-C §§1397-a - 1397-h, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5144
2013-2014: A5522

2009-A10207 (ACTIVE) - Summary

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.

2009-A10207 (ACTIVE) - Sponsor Memo

2009-A10207 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10207

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
  tee 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:

  Section  1.   The public health law is amended by adding a new article
13-C to read as follows:

                              ARTICLE 13-C
                REGULATION OF YOUTH SPORTS ORGANIZATIONS

  SECTION 1397-A. DECLARATION OF PUBLIC POLICY.
          1397-B. DEFINITIONS.
          1397-C. STATEWIDE SEX OFFENDER REGISTRY INQUIRY.
          1397-D. VOLUNTEERS SCREENED.
          1397-E. NOTICE OF INQUIRY TO VOLUNTEERS.
          1397-F. DISQUALIFICATION OF VOLUNTEERS.
          1397-G. USE AND DISSEMINATION OF INFORMATION.
          1397-H. VIOLATIONS; PENALTIES.
  S 1397-A. DECLARATION OF PUBLIC POLICY. IT IS THE DECLARED  POLICY  OF
THE STATE OF NEW YORK TO PROTECT THE HEALTH, SAFETY AND WELFARE OF CHIL-
DREN ATTENDING YOUTH SPORTS ORGANIZATIONS.
  S 1397-B. DEFINITIONS. 1. "YOUTH SPORTS ORGANIZATION" MEANS ANY PUBLIC
OR  PRIVATE  AGENCY,  ORGANIZATION,  ASSOCIATION  OR GROUP ORGANIZED AND
FUNCTIONING, IN WHOLE OR IN PART, FOR THE  PURPOSE  OF  PROVIDING  YOUTH
WITH  THE  OPPORTUNITY TO PARTICIPATE IN SUPERVISED SPORTING ACTIVITIES.
AS USED HEREIN, "YOUTH SPORTS ORGANIZATION"  SHALL  INCLUDE  ONLY  THOSE
ORGANIZATIONS  THAT USE VOLUNTEERS TO SUPERVISE YOUTH AND EXCLUDE INSTI-
TUTIONS WHICH ARE SANCTIONED BY  THE  EDUCATION  DEPARTMENT  TO  PROVIDE
EDUCATIONAL INSTRUCTION TO YOUTH.
  2. "YOUTH" MEANS A PERSON UNDER THE AGE OF EIGHTEEN.
  S  1397-C.  STATEWIDE SEX OFFENDER REGISTRY INQUIRY. BEFORE ANY PERSON
IS PERMITTED TO VOLUNTEER HIS OR HER SERVICES WITH A YOUTH SPORTS ORGAN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04601-02-0

A. 10207                            2

IZATION WHERE SUCH PERSON IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH,
SUCH YOUTH SPORTS ORGANIZATIONS MUST, MAKE AN INQUIRY OF  THE  STATEWIDE
SEX  OFFENDER  REGISTRY  OPERATED  BY  THE  DIVISION OF CRIMINAL JUSTICE
SERVICES,  BY  UTILIZING  SUCH  PROCEDURE  AS  SET  FORTH IN SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO  DETERMINE  WHETHER  THE
PROSPECTIVE  VOLUNTEER  IS  LISTED  IN THE REGISTRY AS A PERSON WHO MUST
REGISTER AS A SEX OFFENDER OR A SEXUALLY VIOLENT PREDATOR UNDER  ARTICLE
SIX-C OF THE CORRECTION LAW.
  S  1397-D. VOLUNTEERS SCREENED. NO LATER THAN JANUARY FIRST, TWO THOU-
SAND ELEVEN, YOUTH SPORTS ORGANIZATIONS SHALL CAUSE TO BE CONDUCTED  THE
STATEWIDE  SEX  OFFENDER  REGISTRY INQUIRY DESCRIBED IN SECTION THIRTEEN
HUNDRED NINETY-SEVEN-C OF THIS ARTICLE FOR ALL ACTIVE VOLUNTEERS OF SUCH
ORGANIZATION WHERE SUCH VOLUNTEER HAS DIRECT CONTACT WITH YOUTH.
  S 1397-E. NOTICE OF INQUIRY TO VOLUNTEERS. A  YOUTH  SPORTS  ORGANIZA-
TION,  PRIOR  TO  INITIATING THE STATEWIDE SEX OFFENDER REGISTRY INQUIRY
DESCRIBED IN  SECTIONS  THIRTEEN  HUNDRED  NINETY-SEVEN-C  AND  THIRTEEN
HUNDRED  NINETY-SEVEN-D  OF  THIS ARTICLE, SHALL INFORM THE VOLUNTEER OR
PERSON SEEKING TO VOLUNTEER HIS OR HER SERVICES THAT SUCH  INQUIRY  WILL
BE PERFORMED.
  S  1397-F. DISQUALIFICATION OF VOLUNTEERS. A YOUTH SPORTS ORGANIZATION
IS PROHIBITED FROM PERMITTING ANY PERSON DETERMINED TO BE LISTED IN  THE
STATEWIDE  SEX  OFFENDER  REGISTRY PURSUANT TO SECTIONS THIRTEEN HUNDRED
NINETY-SEVEN-C AND THIRTEEN HUNDRED NINETY-SEVEN-D OF  THIS  ARTICLE  TO
VOLUNTEER  HIS  OR HER SERVICES WITH SUCH ORGANIZATION WHERE SUCH PERSON
HAS OR IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH.
  S 1397-G. USE AND DISSEMINATION  OF  INFORMATION.  THE  PROVISIONS  OF
ARTICLE  SIX-C  OF THE CORRECTION LAW WHICH RESTRICT THE USE AND DISSEM-
INATION OF INFORMATION OBTAINED FROM THE STATEWIDE SEX OFFENDER REGISTRY
SHALL APPLY TO YOUTH SPORTS ORGANIZATIONS.
  S 1397-H. VIOLATIONS; PENALTIES. A WILLFUL VIOLATION  OF  ANY  OF  THE
PROVISIONS  OF  THIS  ARTICLE SHALL SUBJECT SUCH ORGANIZATION TO A CIVIL
PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS PROVIDED, HOWEVER, THAT FOR
A SECOND OR SUBSEQUENT VIOLATION THE COMMISSIONER  MAY  IMPOSE  A  CIVIL
PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A10207

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DELMONTE