S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4997
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law and  the  general  business  law,  in
   relation to requiring nonresident visitor sex offenders and registered
   sex offenders register when temporarily residing within the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-a of the correction law is amended by adding  a
 new subdivision 19 to read as follows:
   19.  "NONRESIDENT VISITOR" OR "NONRESIDENT VISITOR SEX OFFENDER" MEANS
 ANY PERSON REQUIRED TO REGISTER AS A SEX OFFENDER IN  ANOTHER  JURISDIC-
 TION WHO IS TEMPORARILY RESIDING WITHIN THE STATE, FOLLOWING THE PROCESS
 SET  FORTH  BY SUCH OTHER JURISDICTION, REGARDLESS OF THE LENGTH OF STAY
 OF SUCH PERSON.
   § 2. Subdivision 6 of section 168-f of the correction law, as added by
 chapter 11 of the laws of 2002, is amended to read as follows:
   6. (A) Any nonresident worker [or], nonresident student OR NONRESIDENT
 VISITOR, as defined in subdivisions fourteen [and], fifteen AND NINETEEN
 of section one hundred sixty-eight-a of this article, shall register his
 or her current address and the address of his or her place of employment
 [or], educational institution attended OR THE  ADDRESS  OF  HIS  OR  HER
 TEMPORARY  RESIDENCE AND LENGTH OF STAY AT SUCH RESIDENCE with the divi-
 sion within ten  calendar  days  after  such  nonresident  worker  [or],
 nonresident  student  OR  NONRESIDENT VISITOR commences employment [or],
 attendance at an educational institution OR STAY AT  A  TEMPORARY  RESI-
 DENCE  in the state. Any nonresident worker [or], nonresident student OR
 NONRESIDENT VISITOR shall notify the division of  any  change  of  resi-
 dence,  employment  or educational institution address no later than ten
 days after such change. The division shall notify  the  law  enforcement
 agency  where  the  nonresident worker is employed [or], the educational
 institution is located that a nonresident worker or nonresident  student
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07843-01-3
              

 A. 4997                             2
 
 is  present  OR THE ADDRESS OF THE TEMPORARY RESIDENCE AND THE LENGTH OF
 STAY AT SUCH RESIDENCE in that agency's jurisdiction.
   (B)  ANY  SEX  OFFENDER SHALL REGISTER WITH THE DIVISION NO LATER THAN
 TEN CALENDAR DAYS PRIOR TO HAVING A TEMPORARY RESIDENCE,  REGARDLESS  OF
 THE  LENGTH  OF  STAY  AT SUCH TEMPORARY RESIDENCE, AND SHALL INFORM THE
 DIVISION OF THE ADDRESS OF SUCH TEMPORARY RESIDENCE AND  THE  LENGTH  OF
 SUCH  STAY. ANY FAILURE OR OMISSION TO SUBMIT THE REQUIRED FEE SHALL NOT
 AFFECT THE ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE
 OF STATUS.
   (C) ANY NONRESIDENT VISITOR SEX OFFENDER OR SEX OFFENDER STAYING AT  A
 TEMPORARY RESIDENCE SHALL INFORM THE OWNER OF THE TEMPORARY RESIDENCE IF
 NOT  A SHORT-TERM RENTAL UNIT OR THE SHORT-TERM RENTAL HOST OR THE HOST-
 ING PLATFORM, AS SUCH TERMS ARE DEFINED IN SECTION THREE  HUNDRED  NINE-
 TY-EIGHT-G  OF  THE  GENERAL  BUSINESS  LAW,  OF  HIS OR HER STATUS AS A
 NONRESIDENT VISITOR SEX OFFENDER OR SEX OFFENDER NO LATER THAN TEN  DAYS
 BEFORE HIS OR HER STAY AT A TEMPORARY RESIDENCE.
   § 3. The general business law is amended by adding a new section 398-g
 to read as follows:
   §  398-G.  SEX  OFFENDER  STAYS IN SHORT-TERM RENTAL UNITS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "RESIDENTIAL DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION
 THEREOF WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME OR RESIDENCE.
   (B) "SHORT-TERM RENTAL UNIT" MEANS AN ENTIRE RESIDENTIAL DWELLING,  OR
 A  ROOM,  GROUP  OF  ROOMS, OTHER LIVING OR SLEEPING SPACE, OR ANY OTHER
 SPACE WITHIN A RESIDENTIAL DWELLING, MADE AVAILABLE FOR RENT  BY  GUESTS
 FOR LESS THAN THIRTY CONSECUTIVE DAYS.
   (C)  "SHORT-TERM RENTAL HOST" MEANS AN OWNER OR TENANT OF A SHORT-TERM
 RENTAL UNIT WHO RENTS SUCH UNIT TO GUESTS.
   (D) "HOSTING PLATFORM" MEANS A PERSON OR ENTITY WHO,  PURSUANT  TO  AN
 AGREEMENT WITH A SHORT-TERM RENTAL HOST:
   (I)  PROVIDES  A  PLATFORM FOR COMPENSATION THROUGH WHICH UNAFFILIATED
 THIRD-PARTY SHORT-TERM RENTAL HOSTS CAN OFFER TO RENT SHORT-TERM  RENTAL
 UNITS; AND
   (II) COLLECTS A FEE IN CONNECTION WITH EITHER:
   (A)  PROVIDING  THE FORUM IN WHICH, OR BY MEANS OF WHICH, THE OFFER OF
 OCCUPANCY OF A SHORT-TERM RENTAL UNIT IS ACCEPTED; OR
   (B) PROVIDING THE FORUM IN WHICH A SHORT-TERM RENTAL HOST CAN LIST  OR
 ADVERTISE SPACE IN A SHORT-TERM RENTAL UNIT.
   FOR THE PURPOSES OF THIS SECTION, THE TERM "SEX OFFENDER" SHALL MEAN A
 PERSON  DESIGNATED AS A LEVEL TWO OR LEVEL THREE SEX OFFENDER AS DEFINED
 IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
   2. EVERY INTERNET ADVERTISEMENT OR  ONLINE  POSTING  OF  A  SHORT-TERM
 RENTAL  UNIT  SHALL  PROMINENTLY  DISPLAY  THE  COMPLETE PHYSICAL STREET
 ADDRESS OF THE VACATION RENTAL ALONG WITH A LINK TO THE WEBSITE  CREATED
 BY  THE RESPECTIVE LOCAL SHERIFF JURISDICTION, OR THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES SEX OFFENDER REGISTRY, PURSUANT TO ARTICLE SIX-C OF
 THE CORRECTION LAW, TO NOTIFY THE PUBLIC OF  ANY  INFORMATION  REGARDING
 SEX OFFENDERS. SUCH ADVERTISEMENT OR POSTING SHALL PROMINENTLY DISPLAY A
 LINK TO STATE SEX OFFENDER REGISTRY LAWS, AND STATE "EVERY SEXUAL OFFEN-
 DER AND SEXUAL PREDATOR INTENDING TO STAY AT THE LOCATION IN NEW YORK IS
 REQUIRED BY NEW YORK STATE LAW TO REGISTER IN ACCORDANCE WITH THE LAW".
   3. A SHORT-TERM RENTAL HOST OR HOSTING PLATFORM SHALL NOTIFY ALL PROP-
 ERTY  OWNERS  WITHIN  ONE  THOUSAND FEET OF THE RENTED PROPERTY AT LEAST
 TWENTY-FOUR HOURS PRIOR TO THE ARRIVAL OF A SEX OFFENDER OR  A  NONRESI-
 DENT  VISITOR  SEX  OFFENDER,  AS  SUCH  TERM  IS DEFINED IN SECTION ONE
 A. 4997                             3

 HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND  INFORM  SUCH  PROPERTY
 OWNERS  OF  THE  LENGTH  OF THE STAY OF SUCH SEX OFFENDER OR NONRESIDENT
 VISITOR SEX OFFENDER.
   4.  A  VIOLATION  OF THIS SECTION MAY RESULT IN A FINE, SUSPENSION, OR
 REVOCATION OF A RENTAL LICENSE, WHERE APPLICABLE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.