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

                                  5522

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred 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.
                                                           LBD09174-01-3
              

A. 5522                             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 FOURTEEN, YOUTH SPORTS ORGANIZATIONS SHALL CAUSE  TO  BE  CONDUCTED
THE  STATEWIDE  SEX OFFENDER REGISTRY INQUIRY DESCRIBED IN SECTION THIR-
TEEN 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.