Relates to sex offender registry check for certain employers.
Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Adams, Duane, Kruger
BILL NUMBER:S1247 REVISED 03/07/11
TITLE OF BILL: An act to amend the labor law, in relation to sex offender registry check for certain employers
PURPOSE OR GENERAL IDEA OF BILL: To prevent employers from hiring sex offenders and child abusers for positions in which they would have substantial contact with children, and to prevent those on the New York State Sex Offender Registry from holding jobs in which they would have substantial contact with children.
SUMMARY OF SPECIFIC PROVISIONS: A new section, 201-g, is amended into the Labor law.
JUSTIFICATION: Keeping children safe from dangerous predators must be our first priority. Public school hiring policy already acknowledges how important background checks are for those we trust, especially around our children. Extending the background check requirement to other fields which are, by their nature, child oriented serves the community as a whole. It would give parents the assurance that their child is safer. It would reduce the risk of creating new victims of sexual abuse by barring known offenders from interacting with children. It would also deter offenders from seeking employment in fields which would give them the means to re-offend.
LEGISLATIVE HISTORY: 2010: S.6998 - Passed the Senate 61-0.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1247 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to sex offender registry check for certain employers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 201-g to read as follows: S 201-G. SEX OFFENDER REGISTRY CHECKS FOR CERTAIN EMPLOYERS. 1. ANY EMPLOYER THAT OPERATES A SCHOOL DESCRIBED IN PARAGRAPH F OF SUBDIVISION TWO OF SECTION FIVE THOUSAND ONE OF THE EDUCATION LAW, ESTABLISHED FOR THE PRIMARY PURPOSE OF PROVIDING INSTRUCTION TO CHILDREN UNDER THE AGE OF SIXTEEN, SHALL, BEFORE HIRING A PROSPECTIVE EMPLOYEE FOR A POSITION WHERE SUCH PROSPECTIVE EMPLOYEE IS EXPECTED TO HAVE DIRECT AND UNSUPER- VISED CONTACT WITH CHILDREN, ASCERTAIN WHETHER SUCH PROSPECTIVE EMPLOYEE IS LISTED ON THE SEX OFFENDER REGISTRY ESTABLISHED BY ARTICLE SIX-C OF THE CORRECTION LAW. 2. PRIOR TO INITIATING THE SEX OFFENDER REGISTRY INQUIRY DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, AN EMPLOYER SHALL INFORM THE PROSPEC- TIVE EMPLOYEE THAT SUCH INQUIRY WILL BE PERFORMED. 3. A WILLFUL VIOLATION OF THIS SECTION SHALL SUBJECT AN EMPLOYER TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02021-01-1