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.