S T A T E O F N E W Y O R K
________________________________________________________________________
6568--B
2025-2026 Regular Sessions
I N A S S E M B L Y
March 6, 2025
___________
Introduced by M. of A. BARRETT, BEEPHAN, LUNSFORD -- read once and
referred to the Committee on Economic Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Economic Develop-
ment in accordance with Assembly Rule 3, sec. 2 -- 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-h to read as follows:
§ 398-H. BACKGROUND CHECK REQUIREMENTS FOR YOUTH SERVICE PROVIDERS. 1.
AS USED IN THIS SECTION:
(A) (I) "YOUTH SERVICE PROVIDER" MEANS ANY BUSINESS CORPORATION, NOT-
FOR-PROFIT CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED PARTNER-
SHIP THAT REGULARLY PROVIDE INSTRUCTIONAL, RECREATIONAL OR EXTRACURRIC-
ULAR 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, REGULAR VOLUNTEER,
OR INDEPENDENT CONTRACTOR THAT IS EIGHTEEN YEARS OF AGE OR OLDER, WHO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09912-10-6
A. 6568--B 2
HAS DIRECT RESPONSIBILITY FOR THE SUPERVISION, INSTRUCTION, CARE, OR
SAFETY OF MINORS AND HAS CONTACT WITH MINORS THROUGH A YOUTH SERVICE
PROVIDER FACILITY.
(C) "MINOR CHILD" OR "MINOR" MEANS A CHILD UNDER THE AGE OF EIGHTEEN
YEARS.
(D) "REGULAR VOLUNTEER" MEANS A VOLUNTEER WHO IS EIGHTEEN YEARS OF AGE
OR OLDER AND WHO HAS DIRECT RESPONSIBILITY FOR THE SUPERVISION, INSTRUC-
TION, CARE, OR SAFETY OF MINORS THROUGH A YOUTH SERVICE PROVIDER FOR
MORE THAN SIXTEEN HOURS PER MONTH OR THIRTY-TWO HOURS PER YEAR.
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 BY YOUTH
SERVICE PROVIDERS 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) AFTER A JOB OFFER BUT PRIOR TO COMMENCEMENT OF EMPLOYMENT BY A
YOUTH SERVICE PROVIDER;
(B) BEFORE REGULARLY VOLUNTEERING AT, BEING CONTRACTED BY, OR OPERAT-
ING A YOUTH SERVICE PROVIDER; AND
(C) AT LEAST ONCE EVERY FIVE YEARS DURING SUCH EMPLOYMENT, REGULARLY
VOLUNTEERING, CONTRACTING, OR OPERATING 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, REGULARLY
VOLUNTEERING, OR CONTRACTING AT A YOUTH SERVICE PROVIDER FACILITY IF
SUCH PERSON, EITHER PRIOR TO THE COMMENCEMENT OR DURING EMPLOYMENT,
REGULARLY VOLUNTEERING, OR CONTRACTING:
(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. UPON THE REQUEST OF ANY COVERED PERSON DENIED OR DISQUALIFIED FROM
EMPLOYMENT, CONTRACT, VOLUNTEER POSITION, OR OPERATOR POSITION UNDER
SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION, THE YOUTH SERVICE
PROVIDER SHALL PROVIDE, WITHIN THIRTY DAYS OF SUCH REQUEST, A WRITTEN
STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL OR DISQUALIFICATION.
ANY SUCH COVERED PERSON DENIED OR DISQUALIFIED FROM EMPLOYMENT,
A. 6568--B 3
CONTRACT, VOLUNTEER POSITION, OR OPERATOR POSITION PURSUANT TO SUBDIVI-
SION TWO, THREE OR FOUR OF THIS SECTION SHALL BE AFFORDED THE OPPORTU-
NITIES FOR ENFORCEMENT AVAILABLE PURSUANT TO SECTION SEVEN HUNDRED
FIFTY-FIVE OF THE CORRECTION LAW.
8. (A) WHENEVER THERE SHALL BE A VIOLATION OF ANY PROVISION OF THIS
SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN
FACT, VIOLATED ANY PROVISION OF THIS SECTION, AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A
VIOLATION OF ANY PROVISION OF THIS SECTION HAS OCCURRED, THE COURT MAY
IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
VIOLATION. IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL
IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT
FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW
AND RULES.
(B) A YOUTH SERVICE PROVIDER OR OWNER THAT FAILS TO COMPLY WITH THE
BACKGROUND CHECK REQUIREMENTS OF THIS SECTION OR KNOWINGLY EMPLOYS OR
CONTRACTS WITH AN INDIVIDUAL OR REGULAR VOLUNTEER DISQUALIFIED UNDER
SUBDIVISION FOUR OF THIS SECTION MAY BE SUBJECT TO SUSPENSION OR REVO-
CATION OF ANY LICENSE OR PERMIT TO OPERATE THE YOUTH SERVICE PROVIDER
FACILITY WHERE THE VIOLATION OCCURRED.
§ 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
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.