Requires mandatory background checks for persons employed by or volunteering at any business corporation, not-for-profit corporation, limited liability company, or limited partnership 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6568B
SPONSOR: Barrett 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
prohibits individuals with serious criminal histories or sex offender
status from owning or operating such businesses, ensuring a safer envi-
ronment for children.
SUMMARY OF PROVISIONS:
Section 1: Adds a new section, 398-g, to the general business law,
l.Defining a "youth service provider" as any business corporation, not-
for-profit corporation, limited liability company, or limited partner-
ship that regularly provides instructional, recreational, or extracur-
ricular services to minors, which include but are not limited to: dance,
gymnastics, music, or performing arts studios or schools; 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.
2. All "covered persons", including employees, regular volunteers, inde-
pendent Contractors 18 or older, and operators of youth service provid-
ers, who have direct responsibility for supervision, instruction, care,
or safety or minors, must undergo background checks after a job offer
but before employment, before regularly volunteering, and before being
contracted. Background checks must also be renewed every 5 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 5 years; and a search of the United States Depart-
ment of'Justice National Sex Offender public website.
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.States that no person who is registered, or is required to be regis-
tered, on a sex offender registry pursuant to paragraph (c) of subdivi-
sion four of this section shall own or operate a youth service provider
facility.
6. States that the provisions of this section shall not apply to any
person 39 rendering emergency services at the youth service provider
facility
7. Requires the youth service provider to provide a written statement
containing the reasons for a persons denial or disqualification from
employment, contract, volunteer, or operator position upon the person
request.
8. Establishes penalties for violations.
2: Directs the Division of Criminal Justice Services to promulgate and
enforce rules and regulations to implement this act.
3: Severability clause,
4: Effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
B-print: Amendments clarify the definition of "youth service provider,"
clarify the definition of "covered person," add a definition for "regu-
lar volunteer, and clarify when a background check must be conducted.
Adds a penalty provision and notification requirements for the youth
service provider to provide a written statement containing the reasons
for a person's denial or disqualification from employment, contract,
volunteer, or operator position upon the person request.
A-print: The amendment adds clarity that a "covered person" has direct
responsibility for the supervision, instruction, care, or safety of
minors and has contact with minors through a youth service provider
facility.
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 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 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 GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall 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.
