NY State Senate Bill 2023-S3002

Senate Bill S3002

2023-2024 Legislative Session

Requires nonresident visitor sex offenders and registered sex offenders register when temporarily residing within the state

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 03, 2024	referred to crime victims, crime and correction
Jan 26, 2023	referred to crime victims, crime and correction

2023-S3002 (ACTIVE) - Details

See Assembly Version of this Bill:: A4997
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-a & 168-f, Cor L; add §398-g, Gen Bus L

2023-S3002 (ACTIVE) - Summary

Requires nonresident visitor sex offenders and registered sex offenders register when temporarily residing within the state; requires short-term rental hosts and short-term rental hosting platforms inform nearby property owners when nonresident visitor sex offenders and registered sex offenders are staying in the unit.

2023-S3002 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3002

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the correction law and the general business law, in
relation to requiring nonresident visitor sex offenders and registered
sex offenders register when temporarily residing within the state

 
PURPOSE:

To safeguard families by providing a process requiring designated sex
offenders to make notification of their intentions to stay at short term
rental property.

 
SUMMARY OF PROVISIONS:

Section 168-a of the correction law is amended by adding a new subdivi-
sion 19 to include a definition of non-resident or non-resident sex
offender. Also requires any non-resident visitor sex offender or sex
offender staying at a temporary residence to inform the owner of the
temporary residence if not a short-term rental unit or the short-term

rental host or the hosting platform of his or her status as a non-resi-
dent visitor sex offender or sex offender no later than ten days before
his or her stay at a temporary residence.

Subdivision 6 of section 168-f of the correction law, as added by chap-
ter 11 of the laws of 2002, is amended to require a resident or non-re-
sident sex offender to report his/her stay at a temporary residence to
the Division of Criminal Justice Services within 10 days.

The general business law is amended by adding a new section 398-g to
include definitions of residential dwelling, short-term rental unit,
short-term rental host and hosting platform.

 
JUSTIFICATION:

Currently, there are no safeguards in effect to notify residents living
in properties adjacent to or in proximity to short-term rental units
that resident or non-resident level two or level three sex offenders are
occupying the unit regardless of the length of stay.  The notification
required by this legislation would provide the opportunity for homeown-
ers in the community the opportunity to take additional measures to
safeguard their families prior to arrival of the sex offender. The
provision requiring resident and nonresident sex offenders to report a
temporary stay to Division of Criminal Justice Services provides the
local law enforcement jurisdiction to be vigilant of activities in the
community where the short-term rental unit is located.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
Immediately

2023-S3002 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3002
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction law and the general business law, in
   relation to requiring nonresident visitor sex offenders and registered
   sex offenders register when temporarily residing within the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 168-a of the correction law is amended by adding a
 new subdivision 19 to read as follows:
   19. "NONRESIDENT VISITOR" OR "NONRESIDENT VISITOR SEX OFFENDER"  MEANS
 ANY  PERSON  REQUIRED TO REGISTER AS A SEX OFFENDER IN ANOTHER JURISDIC-
 TION WHO IS TEMPORARILY RESIDING WITHIN THE STATE, FOLLOWING THE PROCESS
 SET FORTH BY SUCH OTHER JURISDICTION, REGARDLESS OF THE LENGTH  OF  STAY
 OF SUCH PERSON.
   § 2. Subdivision 6 of section 168-f of the correction law, as added by
 chapter 11 of the laws of 2002, is amended to read as follows:
   6. (A) Any nonresident worker [or], nonresident student OR NONRESIDENT
 VISITOR, as defined in subdivisions fourteen [and], fifteen AND NINETEEN
 of section one hundred sixty-eight-a of this article, shall register his
 or her current address and the address of his or her place of employment
 [or],  educational  institution  attended  OR  THE ADDRESS OF HIS OR HER
 TEMPORARY RESIDENCE AND LENGTH OF STAY AT SUCH RESIDENCE with the  divi-
 sion  within  ten  calendar  days  after  such  nonresident worker [or],
 nonresident student OR NONRESIDENT VISITOR  commences  employment  [or],
 attendance  at  an  educational institution OR STAY AT A TEMPORARY RESI-
 DENCE in the state. Any nonresident worker [or], nonresident student  OR
 NONRESIDENT  VISITOR  shall  notify  the division of any change of resi-
 dence, employment or educational institution address no later  than  ten
 days  after  such  change. The division shall notify the law enforcement
 agency where the nonresident worker is employed  [or],  the  educational
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07843-01-3

 S. 3002                             2
 
 institution  is located that a nonresident worker or nonresident student
 is present OR THE ADDRESS OF THE TEMPORARY RESIDENCE AND THE  LENGTH  OF
 STAY AT SUCH RESIDENCE in that agency's jurisdiction.
   (B)  ANY  SEX  OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN
 TEN CALENDAR DAYS PRIOR TO HAVING A TEMPORARY RESIDENCE,  REGARDLESS  OF
 THE  LENGTH  OF  STAY  AT SUCH TEMPORARY RESIDENCE, AND SHALL INFORM THE
 DIVISION OF THE ADDRESS OF SUCH TEMPORARY RESIDENCE AND  THE  LENGTH  OF
 SUCH  STAY. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT
 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
 OF STATUS.
   (C) ANY NONRESIDENT VISITOR SEX OFFENDER OR SEX OFFENDER STAYING AT  A
 TEMPORARY RESIDENCE SHALL INFORM THE OWNER OF THE TEMPORARY RESIDENCE IF
 NOT  A SHORT-TERM RENTAL UNIT OR THE SHORT-TERM RENTAL HOST OR THE HOST-
 ING PLATFORM, AS SUCH TERMS ARE DEFINED IN SECTION THREE  HUNDRED  NINE-
 TY-EIGHT-G  OF  THE  GENERAL  BUSINESS  LAW,  OF  HIS OR HER STATUS AS A
 NONRESIDENT VISITOR SEX OFFENDER OR SEX OFFENDER NO LATER THAN TEN  DAYS
 BEFORE HIS OR HER STAY AT A TEMPORARY RESIDENCE.
   § 3. The general business law is amended by adding a new section 398-g
 to read as follows:
   §  398-G.  SEX  OFFENDER  STAYS IN SHORT-TERM RENTAL UNITS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "RESIDENTIAL DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION
 THEREOF WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME OR RESIDENCE.
   (B) "SHORT-TERM RENTAL UNIT" MEANS AN ENTIRE RESIDENTIAL DWELLING,  OR
 A  ROOM,  GROUP  OF  ROOMS, OTHER LIVING OR SLEEPING SPACE, OR ANY OTHER
 SPACE WITHIN A RESIDENTIAL DWELLING, MADE AVAILABLE FOR RENT  BY  GUESTS
 FOR LESS THAN THIRTY CONSECUTIVE DAYS.
   (C)  "SHORT-TERM RENTAL HOST" MEANS AN OWNER OR TENANT OF A SHORT-TERM
 RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   (D) "HOSTING PLATFORM" MEANS A PERSON OR ENTITY WHO,  PURSUANT  TO  AN
 AGREEMENT WITH A SHORT-TERM RENTAL HOST:
   (I)  PROVIDES  A  PLATFORM FOR COMPENSATION THROUGH WHICH UNAFFILIATED
 THIRD-PARTY SHORT-TERM RENTAL HOSTS CAN OFFER TO RENT SHORT-TERM  RENTAL
 UNITS; AND
   (II) COLLECTS A FEE IN CONNECTION WITH EITHER:
   (A)  PROVIDING  THE FORUM IN WHICH, OR BY MEANS OF WHICH, THE OFFER OF
 OCCUPANCY OF A SHORT-TERM RENTAL UNIT IS ACCEPTED; OR
   (B) PROVIDING THE FORUM IN WHICH A SHORT-TERM RENTAL HOST CAN LIST  OR
 ADVERTISE SPACE IN A SHORT-TERM RENTAL UNIT.
   FOR THE PURPOSES OF THIS SECTION, THE TERM "SEX OFFENDER" SHALL MEAN A
 PERSON  DESIGNATED AS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AS DEFINED
 IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
   2. EVERY INTERNET ADVERTISEMENT OR  ONLINE  POSTING  OF  A  SHORT-TERM
 RENTAL  UNIT  SHALL  PROMINENTLY  DISPLAY  THE  COMPLETE PHYSICAL STREET
 ADDRESS OF THE VACATION RENTAL ALONG WITH A LINK TO THE WEBSITE  CREATED
 BY  THE RESPECTIVE LOCAL SHERIFF JURISDICTION, OR THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES SEX OFFENDER REGISTRY, PURSUANT TO ARTICLE SIX-C OF
 THE CORRECTION LAW, TO NOTIFY THE PUBLIC OF  ANY  INFORMATION  REGARDING
 SEX OFFENDERS. SUCH ADVERTISEMENT OR POSTING SHALL PROMINENTLY DISPLAY A
 LINK TO STATE SEX OFFENDER REGISTRY LAWS, AND STATE "EVERY SEXUAL OFFEN-
 DER AND SEXUAL PREDATOR INTENDING TO STAY AT THE LOCATION IN NEW YORK IS
 REQUIRED BY NEW YORK STATE LAW TO REGISTER IN ACCORDANCE WITH THE LAW".
   3. A SHORT-TERM RENTAL HOST OR HOSTING PLATFORM SHALL NOTIFY ALL PROP-
 ERTY  OWNERS  WITHIN  ONE  THOUSAND FEET OF THE RENTED PROPERTY AT LEAST
 TWENTY-FOUR HOURS PRIOR TO THE ARRIVAL OF A SEX OFFENDER OR  A  NONRESI-
 S. 3002                             3

 DENT  VISITOR  SEX  OFFENDER,  AS  SUCH  TERM  IS DEFINED IN SECTION ONE
 HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND  INFORM  SUCH  PROPERTY
 OWNERS  OF  THE  LENGTH  OF THE STAY OF SUCH SEX OFFENDER OR NONRESIDENT
 VISITOR SEX OFFENDER.
   4.  A  VIOLATION  OF THIS SECTION MAY RESULT IN A FINE, SUSPENSION, OR
 REVOCATION OF A RENTAL LICENSE, WHERE APPLICABLE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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