NY State Senate Bill 2009-S4269

Senate Bill S4269

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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
Jan 06, 2010	referred to health
Apr 20, 2009	referred to health

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2009-S4269 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 13-C §§1397-a - 1397-h, Pub Health L

2009-S4269 (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-S4269 (ACTIVE) - Sponsor Memo

2009-S4269 (ACTIVE) - Bill Text download pdf

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

                                  4269

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 20, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed 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:

  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.

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

S. 4269                             2

  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.

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