NY State Senate Bill 2025-S5257A

Senate Bill S5257A

2025-2026 Legislative Session

Requires mandatory background checks for persons employed by certain businesses serving minors and prohibiting certain persons from owning such businesses

download bill text pdf

Current Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2025	referred to economic development delivered to assembly passed senate
Jun 12, 2025	ordered to third reading cal.1982 committee discharged and committed to rules
Feb 21, 2025	print number 5257a
Feb 21, 2025	amend and recommit to consumer protection
Feb 20, 2025	referred to consumer protection

Votes

- Jun 13, 2025 - Floor Vote
  S5257A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2025
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk Ryan
  Jun 12, 2025 - Rules Committee Vote
  S5257A
  
  18
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2025
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      aye wr (2)
      
      Gallivan
      
      O'Mara
      
      excused (1)
      
      Myrie

Bill Amendments

Original

A (Active)

2025-S5257 - Details

See Assembly Version of this Bill:: A6568
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add §398-g, Gen Bus L

2025-S5257 - Summary

Requires mandatory background checks for persons employed by or volunteering at any business, organization, or entity that regularly provides instructional, recreational or extracurricular services to minors, including but not limited to dance studios, gymnastic schools, martial arts academies, sports training facilities, music schools and performing arts schools, tutoring and academic enrichment centers; provides for enforcement and penalties; prohibits certain people from owning such businesses.

2025-S5257 - Sponsor Memo

                                 
BILL NUMBER: S5257

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to enhance the safety and well-being of minors by mandat-
ing background checks for employees, volunteers, and independent
contractors at businesses that regularly provide instructional, recre-
ational, or extracurricular services to minors. Additionally, it prohib-
its individuals with serious criminal histories or sex offender status
from owning or operating such businesses, ensuring a safer environment
for children.

 
SUMMARY OF PROVISIONS:

1: Adds a new section, 398-g, to the general business law, defining a
"youth service provider" as a business, organization, or entity that
regularly provides instructional, recreational, or extracurricular
services to minors. This includes martial arts academies, sports train-
ing facilities, and tutoring or academic enrichment centers. The bill
explicitly excludes public and private schools governed under education
law and day care centers under the social services law.

2: All "covered persons", including employees, volunteers, independent
contractors, and operators of youth service providers, must undergo
background checks before employment or ownership. Background checks must
also be renewed every three years.

3: Specifies the required background checks, which include: A search of
the New York State Sex Offender Registry. A search of any applicable
state sex offender registry if the individual has resided in another
state within the past five years. A search of the National Sex Offender
Registry using the Dru Sjodin National Sex Offender Public Website or
any successor database.

4: Prohibits individuals who are registered or required to register on a
sex offender registry from owning or operating a youth service provider
business. For the purposes of this law, ownership is defined as having a
controlling interest in the facility.

5: Establishes penalties for violations.

6: Establishes the effective date as 180 days after the bill becomes
law, with necessary regulatory actions authorized in advance

 
JUSTIFICATION:

Current New York law does not require mandatory background checks for
employees and operators of many businesses that serve minors, leaving
significant gaps in child protection. White public and private schools
and daycare centers have stringent requirements, certain youth service
providers- s--including martial arts academies, sports training facili-
ties, and tutoring centers-operate without standardized safety regu-
lations.

This Legislation closes that gap by ensuring that individuals with seri-
ous criminal histories or sex offender status cannot be employed in or
own businesses that provide structured services to minors. By implement-
ing a uniform background check requirement, the bill enhances child
safety, reduces risks to families, and provides parents with greater
confidence in the businesses serving their children.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

 
EFFECTIVE DATE:
This act shalt take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2025-S5257 - Bill Text download pdf

                             
                     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.

co-Sponsors

2025-S5257A (ACTIVE) - Details

See Assembly Version of this Bill:: A6568
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add §398-g, Gen Bus L

2025-S5257A (ACTIVE) - Summary

2025-S5257A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5257A

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to enhance the safety and well-being of minors by mandat-
ing sex offender registry background checks for employees, volunteers,
and independent contractors at businesses that regularly provide
instructional, recreational, or extracurricular services to minors.
Additionally, it prohibits individuals with sex offender status from
owning or operating such businesses, ensuring a safer environment for
children.

 
SUMMARY OF PROVISIONS:

Section 1 -

-Adds a new section, 398-g, to the general business law, defining a
"youth service provider" as a business, organization, or entity that
regularly provides instructional, recreational, or extracurricular
services to minors. This includes but is not limited to martial arts
academies, sports training facilities, and tutoring or academic enrich-
ment centers. The bill explicitly excludes public and private schools
governed under education law and day care centers under the social
services law.

-All "covered persons", including employees, volunteers, independent
contractors, and operators of youth service providers, must undergo
background checks before employment or ownership. Background checks must
also be renewed every three years.

-Specifies the required background checks, which include: A search of
the New York State Sex Offender Registry; a search of any applicable
state sex offender registry if the individual has resided in another
state within the past five years; and a search of the National Sex
Offender Registry.

-Prohibits individuals who are registered or required to register on a
sex offender registry from owning or operating a youth service provider
business. For the purposes of this law, ownership is defined as having a
controlling interest in the facility. -Establishes penalties for
violations.

Section 2 -

Authorizes DCJS to make and enforce rules and regulations necessary to
implement this act.

Section 3 - Severability clause

Section 4 - Establishes the effective date as 180 days after the bill
becomes law, with necessary regulatory actions authorized in advance
 
JUSTIFICATION:

Current New York law does not require mandatory background checks for
employees and operators of many businesses that serve minors, leaving
significant gaps in child protection. While public and private schools
and daycare centers have stringent requirements, certain youth service
providers including martial arts academies, sports training facilities,
and tutoring centers operate without standardized safety regulations.

This Legislation closes that gap by ensuring that individuals with sex
offender status cannot be employed in or own businesses that provide
structured services to minors. By implementing a uniform background
check requirement, the bill enhances child safety, reduces risks to
families, and provides parents with greater confidence in the businesses
serving their children.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
This act shalt take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2025-S5257A (ACTIVE) - Bill Text download pdf

                             
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.