Senate Bill S5257B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5257
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   mandatory background checks for persons employed by certain businesses
   serving  minors and prohibiting certain persons from owning such busi-
   nesses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 398-g to read as follows:
   § 398-G. BACKGROUND CHECK REQUIREMENTS FOR YOUTH SERVICE PROVIDERS. 1.
 AS USED IN THIS SECTION:
   (A)  (I)  "YOUTH  SERVICE  PROVIDER"  MEANS ANY OF THE FOLLOWING BUSI-
 NESSES, ORGANIZATIONS, OR ENTITIES THAT REGULARLY PROVIDE INSTRUCTIONAL,
 RECREATIONAL OR EXTRACURRICULAR SERVICES TO MINORS:
   (A) DANCE, MUSIC, OR PERFORMING ARTS STUDIOS OR SCHOOLS;
   (B) MARTIAL ARTS ACADEMIES;
   (C) SPORTS TRAINING FACILITIES; OR
   (D) TUTORING OR ACADEMIC ENRICHMENT CENTERS.
   (II) "YOUTH SERVICE PROVIDER FACILITY" SHALL NOT INCLUDE ANY PUBLIC OR
 PRIVATE SCHOOL SUBJECT TO THE PROVISIONS OF THE EDUCATION LAW OR ANY DAY
 CARE CENTER SUBJECT TO THE PROVISIONS  OF  ARTICLE  SIX  OF  THE  SOCIAL
 SERVICES LAW.
   (B)  "COVERED PERSON" MEANS AN OPERATOR, EMPLOYEE, VOLUNTEER, OR INDE-
 PENDENT CONTRACTOR WHO HAS DIRECT AND SUBSTANTIAL  CONTACT  WITH  MINORS
 THROUGH A YOUTH SERVICE PROVIDER FACILITY.
   (C)  "MINOR  CHILD"  OR "MINOR" MEANS A CHILD UNDER THE AGE OF SIXTEEN
 YEARS.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  AND
 SUBJECT  TO  RULES  AND  REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09912-02-5
 S. 5257                             2
              

 
 SERVICES, THE FOLLOWING BACKGROUND CHECKS SHALL BE CONDUCTED FOR COVERED
 PERSONS AT THE TIME AND IN THE MANNER REQUIRED BY THIS SECTION:
   (A) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
   (B)  A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
 STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
 THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER
 REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED
 PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; AND
   (C)  A  SEARCH  OF  THE  NATIONAL  SEX OFFENDER REGISTRY USING THE DRU
 SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE OR ANY SUCCESSOR WEBSITE.
   3. A COVERED PERSON MUST UNDERGO A BACKGROUND CHECK  AS  DESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION:
   (A)  BEFORE  BEING  EMPLOYED AT, VOLUNTEERING AT, OR OPERATING A YOUTH
 SERVICE PROVIDER; AND
   (B) AT LEAST ONCE EVERY THREE YEARS DURING  EMPLOYMENT  AT  THE  YOUTH
 SERVICE PROVIDER FACILITY.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
 COVERED PERSON SHALL BE DEEMED DISQUALIFIED FROM EMPLOYMENT AT  A  YOUTH
 SERVICE  PROVIDER  FACILITY  IF  SUCH  PERSON,  EITHER  BEFORE OR DURING
 EMPLOYMENT:
   (A) REFUSES TO CONSENT TO THE BACKGROUND CHECK DESCRIBED  IN  SUBDIVI-
 SION TWO OF THIS SECTION;
   (B)  KNOWINGLY  MAKES  A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
 SUCH BACKGROUND CHECK; OR
   (C) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED,  ON  A  STATE  SEX
 OFFENDER  REGISTRY  OR  REPOSITORY OR THE NATIONAL SEX OFFENDER REGISTRY
 ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
 (42 U.S.C. 16901 ET SEQ.).
   5. NO PERSON WHO IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON  A
 SEX  OFFENDER  REGISTRY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
 THIS SECTION SHALL OWN OR OPERATE A YOUTH SERVICE PROVIDER FACILITY. FOR
 PURPOSES OF THIS SUBDIVISION, OWNERSHIP SHALL MEAN HAVING A  CONTROLLING
 INTEREST IN THE YOUTH SERVICE PROVIDER FACILITY.
   6.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ANY PERSON
 RENDERING EMERGENCY SERVICES AT THE YOUTH SERVICE PROVIDER FACILITY.
   7. (A) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHA-
 BLE BY A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS PER
 VIOLATION RECOVERABLE IN AN ACTION BY THE ATTORNEY GENERAL IN  THE  NAME
 OF THE PEOPLE OF THE STATE OR BY THE CORPORATION COUNSEL FOR ANY CITY OR
 BY  THE APPROPRIATE ATTORNEY OF ANY OTHER POLITICAL SUBDIVISION AS SHALL
 BE DESIGNATED BY THE GOVERNING BODY OF SUCH POLITICAL  SUBDIVISION.  ANY
 CIVIL PENALTY RECOVERED SHALL ACCRUE TO THE STATE OF NEW YORK.
   (B)  A  YOUTH  SERVICE PROVIDER OR OWNER THAT FAILS TO COMPLY WITH THE
 BACKGROUND CHECK REQUIREMENTS OF THIS SECTION OR KNOWINGLY EMPLOYING  AN
 INDIVIDUAL  DISQUALIFIED UNDER SUBDIVISION FOUR OF THIS SECTION SHALL BE
 SUSPENSION OR REVOCATION OF ANY LICENSE OR PERMIT TO OPERATE  THE  YOUTH
 SERVICE PROVIDER FACILITY WHERE THE VIOLATION OCCURRED.
   (C)  THE  ATTORNEY  GENERAL OR THE DISTRICT ATTORNEY OF ANY COUNTY MAY
 BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE  TO  RESTRAIN  OR
 PREVENT  ANY  VIOLATION  OF  THIS ARTICLE OR ANY CONTINUANCE OF ANY SUCH
 VIOLATION.
   § 2. The division of criminal justice services  shall  promulgate  and
 enforce  any  rules  and regulations necessary for the implementation of
 this act.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 S. 5257                             3
 
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5257--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   mandatory background checks for persons employed by certain businesses
   serving  minors and prohibiting certain persons from owning such busi-
   nesses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 398-g to read as follows:
   § 398-G. BACKGROUND CHECK REQUIREMENTS FOR YOUTH SERVICE PROVIDERS. 1.
 AS USED IN THIS SECTION:
   (A)  (I)  "YOUTH  SERVICE  PROVIDER"  MEANS ANY OF THE FOLLOWING BUSI-
 NESSES, ORGANIZATIONS, OR ENTITIES THAT REGULARLY PROVIDE INSTRUCTIONAL,
 RECREATIONAL OR EXTRACURRICULAR SERVICES TO MINORS,  INCLUDING  BUT  NOT
 LIMITED TO:
   (A) DANCE, GYMNASTICS, MUSIC, OR PERFORMING ARTS STUDIOS OR SCHOOLS;
   (B) MARTIAL ARTS ACADEMIES;
   (C) SPORTS TRAINING FACILITIES; OR
   (D) TUTORING OR ACADEMIC ENRICHMENT CENTERS.
   (II) "YOUTH SERVICE PROVIDER FACILITY" SHALL NOT INCLUDE ANY PUBLIC OR
 PRIVATE SCHOOL SUBJECT TO THE PROVISIONS OF THE EDUCATION LAW OR ANY DAY
 CARE  CENTER  SUBJECT  TO  THE  PROVISIONS  OF ARTICLE SIX OF THE SOCIAL
 SERVICES LAW.
   (B) "COVERED PERSON" MEANS AN OPERATOR, EMPLOYEE, VOLUNTEER, OR  INDE-
 PENDENT  CONTRACTOR  WHO  HAS DIRECT AND SUBSTANTIAL CONTACT WITH MINORS
 THROUGH A YOUTH SERVICE PROVIDER FACILITY.
   (C) "MINOR CHILD" OR "MINOR" MEANS A CHILD UNDER THE AGE  OF  EIGHTEEN
 YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09912-04-5
              

 S. 5257--A                          2
 
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, AND
 SUBJECT TO RULES AND REGULATIONS OF THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES, THE FOLLOWING BACKGROUND CHECKS SHALL BE CONDUCTED FOR COVERED
 PERSONS AT THE TIME AND IN THE MANNER REQUIRED BY THIS SECTION:
   (A) A SEARCH OF THE NEW YORK STATE SEX OFFENDER REGISTRY;
   (B)  A SEARCH OF ANY STATE SEX OFFENDER REGISTRY OR REPOSITORY IN EACH
 STATE OTHER THAN NEW YORK WHERE SUCH PERSON RESIDES  OR  RESIDED  DURING
 THE PRECEDING FIVE YEARS, IF APPLICABLE UNLESS SUCH STATE'S SEX OFFENDER
 REGISTRY INFORMATION WILL BE PROVIDED AS PART OF THE CLEARANCE CONDUCTED
 PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; AND
   (C)  A  SEARCH OF THE UNITED STATES DEPARTMENT OF JUSTICE NATIONAL SEX
 OFFENDER PUBLIC WEBSITE.
   3. A COVERED PERSON MUST UNDERGO A BACKGROUND CHECK  AS  DESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION:
   (A)  BEFORE  BEING  EMPLOYED AT, VOLUNTEERING AT, OR OPERATING A YOUTH
 SERVICE PROVIDER; AND
   (B) AT LEAST ONCE EVERY THREE YEARS DURING  EMPLOYMENT  AT  THE  YOUTH
 SERVICE PROVIDER FACILITY.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
 COVERED PERSON SHALL BE DEEMED DISQUALIFIED FROM EMPLOYMENT AT  A  YOUTH
 SERVICE  PROVIDER  FACILITY  IF  SUCH  PERSON,  EITHER  BEFORE OR DURING
 EMPLOYMENT:
   (A) REFUSES TO CONSENT TO THE BACKGROUND CHECK DESCRIBED  IN  SUBDIVI-
 SION TWO OF THIS SECTION;
   (B)  KNOWINGLY  MAKES  A MATERIALLY FALSE STATEMENT IN CONNECTION WITH
 SUCH BACKGROUND CHECK; OR
   (C) IS REGISTERED, OR IS REQUIRED TO BE REGISTERED,  ON  A  STATE  SEX
 OFFENDER  REGISTRY  OR  REPOSITORY  OR  THE  UNITED STATES DEPARTMENT OF
 JUSTICE NATIONAL SEX OFFENDER REGISTRY.
   5. NO PERSON WHO IS REGISTERED, OR IS REQUIRED TO BE REGISTERED, ON  A
 SEX  OFFENDER  REGISTRY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
 THIS SECTION SHALL OWN OR OPERATE A YOUTH SERVICE PROVIDER FACILITY. FOR
 PURPOSES OF THIS SUBDIVISION, OWNERSHIP SHALL MEAN HAVING A  CONTROLLING
 INTEREST IN THE YOUTH SERVICE PROVIDER FACILITY.
   6.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO ANY PERSON
 RENDERING EMERGENCY SERVICES AT THE YOUTH SERVICE PROVIDER FACILITY.
   7. (A) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHA-
 BLE BY A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS PER
 VIOLATION RECOVERABLE IN AN ACTION BY THE ATTORNEY GENERAL IN  THE  NAME
 OF THE PEOPLE OF THE STATE OR BY THE CORPORATION COUNSEL FOR ANY CITY OR
 BY  THE APPROPRIATE ATTORNEY OF ANY OTHER POLITICAL SUBDIVISION AS SHALL
 BE DESIGNATED BY THE GOVERNING BODY OF SUCH POLITICAL  SUBDIVISION.  ANY
 CIVIL PENALTY RECOVERED SHALL ACCRUE TO THE STATE OF NEW YORK.
   (B)  A  YOUTH  SERVICE PROVIDER OR OWNER THAT FAILS TO COMPLY WITH THE
 BACKGROUND CHECK REQUIREMENTS OF THIS SECTION OR KNOWINGLY EMPLOYING  AN
 INDIVIDUAL  DISQUALIFIED UNDER SUBDIVISION FOUR OF THIS SECTION SHALL BE
 SUSPENSION OR REVOCATION OF ANY LICENSE OR PERMIT TO OPERATE  THE  YOUTH
 SERVICE PROVIDER FACILITY WHERE THE VIOLATION OCCURRED.
   (C)  THE  ATTORNEY  GENERAL OR THE DISTRICT ATTORNEY OF ANY COUNTY MAY
 BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE  TO  RESTRAIN  OR
 PREVENT  ANY  VIOLATION  OF  THIS ARTICLE OR ANY CONTINUANCE OF ANY SUCH
 VIOLATION.
   § 2. The division of criminal justice services  shall  promulgate  and
 enforce  any  rules  and regulations necessary for the implementation of
 this act.
 S. 5257--A                          3
 
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.