S T A T E O F N E W Y O R K
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10207
I N A S S E M B L Y
March 11, 2010
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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.