S T A T E O F N E W Y O R K
________________________________________________________________________
2169
2011-2012 Regular Sessions
I N A S S E M B L Y
January 14, 2011
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Introduced by M. of A. M. MILLER, MARKEY, GABRYSZAK, LANCMAN, MENG,
REILLY, GALEF, ROBINSON, HOOPER, ORTIZ -- Multi-Sponsored by -- M. of
A. BARCLAY, BURLING, CROUCH, DUPREY, FINCH, GIBSON, GIGLIO, MAGEE,
MAISEL, MOLINARO, MURRAY, NOLAN, PERRY, PHEFFER, RAIA, SALADINO, SCHI-
MEL, SWEENEY, THIELE, TITONE, TOBACCO -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to sex offender registry
check for certain employers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 201-g to
read as follows:
S 201-G. SEX OFFENDER REGISTRY CHECKS FOR CERTAIN EMPLOYERS. 1. ANY
EMPLOYER THAT OPERATES A SCHOOL DESCRIBED IN PARAGRAPH F OF SUBDIVISION
TWO OF SECTION FIVE THOUSAND ONE OF THE EDUCATION LAW, ESTABLISHED FOR
THE PRIMARY PURPOSE OF PROVIDING INSTRUCTION TO CHILDREN UNDER THE AGE
OF SIXTEEN, SHALL, BEFORE HIRING A PROSPECTIVE EMPLOYEE FOR A POSITION
WHERE SUCH PROSPECTIVE EMPLOYEE IS EXPECTED TO HAVE DIRECT AND UNSUPER-
VISED CONTACT WITH CHILDREN, ASCERTAIN WHETHER SUCH PROSPECTIVE EMPLOYEE
IS LISTED ON THE SEX OFFENDER REGISTRY ESTABLISHED BY ARTICLE SIX-C OF
THE CORRECTION LAW.
2. PRIOR TO INITIATING THE SEX OFFENDER REGISTRY INQUIRY DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, AN EMPLOYER SHALL INFORM THE PROSPEC-
TIVE EMPLOYEE THAT SUCH INQUIRY WILL BE PERFORMED.
3. A WILLFUL VIOLATION OF THIS SECTION SHALL SUBJECT AN EMPLOYER TO A
CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02021-01-1