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

                                  3214

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. EDDINGTON, P. RIVERA, ALESSI -- Multi-Sponsored
  by -- M. of A.  McDONOUGH -- read once and referred to  the  Committee
  on Codes

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04601-01-9

              

A. 3214                             2

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-
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  TEN,  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.