Senate Bill S155

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    155
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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] THEIR current address and the address of [his or her] THEIR
 place of  employment  [or],  educational  institution  attended  OR  THE
 ADDRESS  OF  THEIR  TEMPORARY RESIDENCE AND LENGTH OF STAY AT SUCH RESI-
 DENCE with the division 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  RESIDENCE in the state. Any nonresident worker [or], nonresi-
 dent student OR NONRESIDENT VISITOR shall notify  the  division  of  any
 change  of  residence,  employment or educational institution address no
 later than ten days after such change. The division shall notify the law
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00612-01-5
 S. 155                              2
 
 enforcement agency where the nonresident worker is  employed  [or],  the
 educational institution is located that a nonresident worker or nonresi-
 dent  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 SUCH PERSON'S STATUS AS A
 NONRESIDENT VISITOR SEX OFFENDER OR SEX OFFENDER NO LATER THAN TEN  DAYS
 BEFORE THEIR 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
 S. 155                              3

 TWENTY-FOUR HOURS PRIOR TO THE ARRIVAL OF A SEX OFFENDER OR  A  NONRESI-
 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.