senate Bill S1015B

Amended

Relates to permitting requirements for children's camps; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 22 / Mar / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 22 / Mar / 2013
    • PRINT NUMBER 1015A
  • 23 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 23 / Apr / 2013
    • PRINT NUMBER 1015B
  • 07 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 07 / May / 2013
    • PRINT NUMBER 1015C
  • 19 / Jun / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 19 / Jun / 2013
    • PRINT NUMBER 1015D
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 23 / Apr / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 23 / Apr / 2014
    • PRINT NUMBER 1015E

Summary

Relates to permitting requirements for children's camps including permit requirements, inspection requirements and violations.

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Bill Details

See Assembly Version of this Bill:
A2193A
Versions:
S1015
S1015A
S1015B
S1015C
S1015D
S1015E
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§1391, 1392, 1393, 1394, 1394-a & 1395, rpld §1392-a, add §1393-a, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A2193
2011-2012: A7204A, S4615A, A7204A

Sponsor Memo

BILL NUMBER:S1015B

TITLE OF BILL: An act to amend the public health law, in relation to
the permitting requirements for children's camps; and to repeal
certain provisions of such law relating thereto

PURPOSE: To require all single-purpose day camps to obtain a permit
in order to operate a children's camp and to require that all camps
obtain liability insurance in order to provide additional protection
to children attending camps.

SUMMARY OF PROVISIONS:

Section 2: Amends section 1392 of the public health law to include a
new subdivision 4 which provides a definition for single-purpose day
camps.

Section 3: Removes section 1392-a.

Section 4: Amends section 1393 of the public health law to include
single-purpose day camps.

Subdivision 4 is amended to increase the permit fee for all camps.

Subdivision 5 is amended to address changes to the enrollment
application form requirements.

Section 5: Adds a new section, section 1393-a. Subdivision 1
establishes inspection requirements for each type of camp.
Subdivision 2 gives DOH the discretion to waive one annual inspection
for certain types of camps.

Section 7: Consolidates section 1392-a, with 1394-a and 1394-b and
requires all camps to check the sex offender registry.

Section 8: Requires all camps to obtain liability insurance. All
additional sections are amended to include single-purpose day camps.

Section 9: Effective date.

JUSTIFICATION: Currently, only camps that have two or more
activities, at least one of which is a non-passive recreational
activity with significant risk of injury, are subject to Department of
Health (DOH) regulation. All camps under the DOH's purview are
required to be permitted before they may open. Each camp must be
inspected twice and meet stringent safety standards including staff
screening through the sex offender registry, specific age-appropriate
camper to counselor ratios; minimum age for counselors, fire drills
and camp safety plans.

Single-purpose day camps, including those engaging in potentially
dangerous non-passive recreational activities (such as a gymnastics
camps), are currently exempt from all DOH regulation. Thus, they do
not have to meet any of the safety standards put in place to protect
children attending camps. These exemptions expose all children
attending single-purpose camps to significant and unnecessary risks.
This bill will close the loophole by requiring all camps to obtain a


permit before beginning operations. Additionally, all camps will be
required to obtain liability insurance to help protect all members of
the camping community.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Revenue generated from issuing permits will
increase significantly due to an increase in the number of camps
required to obtain a permit and an increase in permit fees.
Additionally, the number of annual inspections for camps will be
commensurate to the type of camp and level of risk based on the
services provided. The additional revenue combined with a reduction in
the number of required inspections for day camps should more than
offset the increase in inspection responsibilities for the Department
of Health.

EFFECTIVE DATE: This act shall take effect one year after it shall
have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1015--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in  relation  to  the  permitting
  requirements for children's camps; and to repeal certain provisions of
  such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 1391 of the public health law, as added by chapter
515 of the laws of 2000, is amended to read as follows:
  S 1391. Declaration of public policy. It is the declared policy of the
state of New York to protect the health, safety and welfare of  children
attending  what  are  commonly  called children's overnight, summer day,
[and] traveling summer day, AND SINGLE-PURPOSE DAY camps.
  S 2.  Section 1392 of the public health law is amended by adding a new
subdivision 5 to read as follows:
  5. "SINGLE-PURPOSE DAY CAMP" SHALL MEAN A  PROPERTY  CONSISTING  OF  A
TRACT  OF  LAND  AND  ANY TENTS, VEHICLES, BUILDINGS OR OTHER STRUCTURES
THAT MAY BE PERTINENT TO ITS USE, ANY PART OF WHICH MAY BE OCCUPIED ON A
SCHEDULED BASIS AT ANY TIME BETWEEN JUNE FIRST AND  SEPTEMBER  FIFTEENTH
IN  ANY YEAR BY CHILDREN UNDER SIXTEEN YEARS OF AGE UNDER GENERAL SUPER-
VISION, FOR THE PURPOSE OF A SINGLE INDOOR  OR OUTDOOR  ORGANIZED  GROUP
ACTIVITY,  INVOLVING A NONPASSIVE RECREATIONAL ACTIVITY WITH SIGNIFICANT
RISK OF INJURY, AS SUCH ACTIVITIES ARE  DEFINED  BY  THE  DEPARTMENT  IN
RULES  AND  REGULATIONS,  FOR A PERIOD OF LESS THAN TWENTY-FOUR HOURS ON
ANY DAY THE PROPERTY IS SO OCCUPIED, AND ON WHICH NO PROVISIONS ARE MADE
FOR OVERNIGHT OCCUPANCY BY SUCH CHILDREN. THE  COMMISSIONER  SHALL  HAVE
THE  POWER  TO  EXCEPT BY RULE FROM THIS ARTICLE AND THE SANITARY CODE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04908-05-3

S. 1015--B                          2

PLACE, FACILITY OR ACTIVITY THAT IS NOT WITHIN THE INTENT OF THIS  DEFI-
NITION.
  S 3. Section 1392-a of the public health law is REPEALED.
  S 4. Section 1393 of the public health law, as added by chapter 515 of
the laws of 2000, subdivision 4 as amended by chapter 439 of the laws of
2009, is amended to read as follows:
  S 1393. Permit requirements. 1. No person, firm, corporation, or asso-
ciation shall operate a children's overnight, summer day, [or] traveling
summer  day, OR SINGLE-PURPOSE DAY camp without first obtaining a permit
from an officer.
  2. An officer shall issue a permit if,  after  inspection,  the  chil-
dren's  overnight, summer day, [or] traveling summer day, OR SINGLE-PUR-
POSE DAY camp is in compliance with this chapter and the sanitary  code.
All  permits  shall  expire  one  year from the date of issuance of such
permit or upon such earlier date as specified by such officer which date
shall in no event be earlier than the latest date that  such  camps  may
remain  open  pursuant  to  regulations  prescribed by the commissioner.
Nothing in this section shall be construed to limit the responsibilities
and duties of compliance arising out of any other provision of law.
  3. Notwithstanding any other provision of law, an officer in issuing a
permit may waive any requirement of the sanitary code setting a  minimum
standard of floor space per camper in a camp's sleeping quarters. Such a
waiver  may  be  granted upon written application therefor, and shall be
accompanied by a statement by the officer  of  the  specific  terms  and
conditions  under which the waiver shall have been granted. Such waivers
may be granted only to camps constructed prior to January  first,  nine-
teen  hundred seventy-five. An officer shall grant such waiver where the
application therefor is accompanied by a written  certification  by  the
local  health  officer of its need or desirability to avoid an immediate
undue hardship upon the operator which may result in the closing of  the
children's overnight camp to prospective campers, and a statement by the
local  health  officer that the granting of a waiver shall not present a
hazard to public health and safety. All such  waivers  shall  expire  on
December  thirty-first of the year in which they are granted, but may be
renewed for good and sufficient reason.
  4. The fee for a permit [shall be two hundred dollars, except that  no
fee  shall  be charged in the case of a children's overnight, summer day
or traveling summer day camp operated by a person, firm, corporation  or
association  for  charitable, philanthropic or religious purposes] FOR A
FOR-PROFIT CHILDREN'S OVERNIGHT, SUMMER DAY,  TRAVELING  SUMMER  DAY  OR
SINGLE-PURPOSE DAY CAMP SHALL BE AS FOLLOWS: CAMPS WITH A MAXIMUM CAPAC-
ITY  OF  TWO  HUNDRED  CHILDREN  DURING  A SINGLE SESSION SHALL BE THREE
HUNDRED DOLLARS, CAMPS WITH A MAXIMUM CAPACITY OF THREE HUNDRED CHILDREN
DURING A SINGLE SESSION SHALL BE FIVE  HUNDRED  DOLLARS,  CAMPS  WITH  A
MAXIMUM  CAPACITY OF FIVE HUNDRED CHILDREN DURING A SINGLE SESSION SHALL
BE SEVEN HUNDRED DOLLARS, AND CAMPS WITH A  MAXIMUM  CAPACITY  EXCEEDING
FIVE  HUNDRED  CHILDREN  DURING  A  SINGLE SESSION SHALL BE ONE THOUSAND
DOLLARS. THE FEE FOR A NOT-FOR-PROFIT CHILDREN'S OVERNIGHT, SUMMER  DAY,
TRAVELING  SUMMER  DAY,  OR SINGLE-PURPOSE DAY CAMP SHALL BE TWO HUNDRED
DOLLARS. THE FEES SET FORTH IN THIS SUBDIVISION SHALL EXCLUSIVELY GOVERN
ALL CHILDREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY, AND  SINGLE-
PURPOSE  DAY CAMP NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, AND SHALL PREEMPT ANY LOCAL LAW OR  REGULATION  REQUIRING  THE
PAYMENT  OF ANY ADDITIONAL FEE TO INSPECT, PERMIT, OR OPERATE ALL OR ANY
PART OF A CHILDREN'S OVERNIGHT, SUMMER  DAY,  TRAVELING  SUMMER  DAY  OR
SINGLE-PURPOSE DAY CAMP EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION.

S. 1015--B                          3

  5.  Any  enrollment application forms and/or enrollment contract forms
mailed or delivered to a person for purposes of enrollment  of  a  child
for  any children's overnight, summer day, [or] traveling summer day, OR
SINGLE-PURPOSE DAY camp shall contain or be  accompanied  by  a  written
statement which declares:
  (a)  that such camp is required to be licensed by the [New York state]
department [of health];
  (b) that [such camp is required to be inspected  twice  yearly]  CHIL-
DREN'S OVERNIGHT, SUMMER DAY, TRAVELING SUMMER DAY OR SINGLE-PURPOSE DAY
CAMPS  ARE REQUIRED TO BE INSPECTED BY THE DEPARTMENT IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED NINETY-THREE-A OF THIS ARTICLE; [and]
  (c) the address where inspection  reports  concerning  such  camp  are
filed[.]; AND
  (D) THAT SUCH CAMP IS REQUIRED TO PURCHASE LIABILITY INSURANCE.
  S  5.  The public health law is amended by adding a new section 1393-a
to read as follows:
  S 1393-A. INSPECTION REQUIREMENTS. 1. CHILDREN'S OVERNIGHT  CAMPS  ARE
REQUIRED  TO  BE INSPECTED TWICE YEARLY. CHILDREN'S SUMMER DAY CAMPS AND
TRAVELING SUMMER DAY CAMPS ARE REQUIRED TO BE INSPECTED ONCE  PER  YEAR.
CHILDREN'S  SINGLE-PURPOSE  DAY  CAMPS  ARE  REQUIRED TO BE INSPECTED AT
LEAST ONCE EVERY OTHER YEAR.
  2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE  DEPARTMENT  MAY
WAIVE ONE ANNUAL INSPECTION FOR ANY CHILDREN'S OVERNIGHT, SUMMER DAY, OR
TRAVELING  SUMMER DAY CAMP. IN CONTEMPLATION OF SUCH WAIVER, THE DEPART-
MENT SHOULD GIVE PRIORITY TO CAMPS THAT ARE ACCREDITED BY  THE  AMERICAN
CAMP  ASSOCIATION,  CAMPS THAT HAVE NO RECORD OF OUTBREAKS, INCIDENTS OR
SAFETY PROBLEMS, CAMPS THAT HAVE BEEN  RESPONSIVE  TO  THE  DEPARTMENT'S
REQUESTS,  CAMPS  WITH  EXPERIENCED LEADERSHIP STAFF, SMALLER CAMPS, AND
CAMPS THAT OFFER MORE LOW-RISK ACTIVITIES.
  S 6. Section 1394 of the public health law, as added by chapter 515 of
the laws of 2000, subdivision 3 as added by chapter 214 of the  laws  of
2012, is amended to read as follows:
  S  1394.  Children's  camps;  standards and regulations. 1. The public
health council shall prescribe standards and establish  regulations  for
children's  overnight,  summer  day  [and],  traveling  summer  day, AND
SINGLE-PURPOSE DAY camps, as defined in this  article,  concerning  such
matters  as  may  be  appropriate for the protection and security of the
life, health and safety of the occupants of such camps.
  2. All buses or other motor vehicles which are owned  by  a  traveling
summer  day  camp  or  which are operated or leased by such camp for the
purpose of transporting children attending  such  camp  shall  meet  the
requirements  for  safe  operation  of  such vehicles as provided for in
section one hundred forty of the transportation law.
  3. Any person, firm, corporation, or association that operates a chil-
dren's overnight, summer day, [or] traveling summer day, OR  SINGLE-PUR-
POSE  DAY  camp,  and has obtained a permit pursuant to section thirteen
hundred ninety-three of this article, shall be authorized to  employ  or
contract  with  a  physician,  nurse  practitioner, physician assistant,
registered nurse, or licensed practical nurse or emergency medical tech-
nician to act as a designated camp health director or to provide  health
services  in assistance to the camp health director pursuant to applica-
ble regulations promulgated by the commissioner.
  S 7. Section 1394-a of the public health law, as  amended  by  chapter
428 of the laws of 2008, is amended to read as follows:
  S  1394-a.  Requirement  to check sex offender registry. Every person,
firm, limited liability company, association and corporation which oper-

S. 1015--B                          4

ates a CHILDREN'S  OVERNIGHT,  summer  day,  TRAVELING  SUMMER  DAY,  OR
SINGLE-PURPOSE  DAY  camp  shall  be  required,  to ascertain whether an
employee or volunteer is listed  on  the  state  sex  offender  registry
pursuant  to  article  six-C of the correction law prior to the day such
employee or volunteer commences work at said camp and annually thereaft-
er prior to their arrival at said camp.
  S 8. Section 1395 of the public health law, as added by chapter 515 of
the laws of 2000, is amended to read as follows:
  S 1395. Violations; temporary restraining order.  1.  A  violation  of
this  chapter  or  of the sanitary code in the operation of a children's
overnight, summer day, [or] traveling summer day, OR SINGLE-PURPOSE  DAY
camp  shall  constitute  a  public  nuisance  which  may  be enjoined or
restrained.
  2. When an officer  has  cause  to  believe  that  there  has  been  a
violation  of  this  chapter  or the sanitary code in the operation of a
children's overnight, summer day, [or] traveling summer day, OR  SINGLE-
PURPOSE  DAY  camp  which  does not constitute a public health hazard as
defined by the sanitary code, and that such violation has continued  for
more  than  three  days  after  notice  of  the violation and demand for
discontinuance and abatement thereof has been served in writing  on  the
children's  overnight, summer day, [or] traveling summer day, OR SINGLE-
PURPOSE DAY camp operator in the manner prescribed for  the  service  of
summons set forth in the civil practice law and rules, an officer may:
  (a)  Conduct  a  hearing upon at least three days notice served on the
camp operator in the manner prescribed for the service of summons as set
forth in the civil practice law and rules, and
  (b) Make a determination  after  such  hearing  with  respect  to  the
alleged  violation  or violations and have the power to assess a fine on
the children's overnight, summer day,  [or]  traveling  summer  day,  OR
SINGLE-PURPOSE DAY camp operator not to exceed two hundred fifty dollars
for  each  violation  for  each  day  succeeding the third day after the
notice of violation and demand for discontinuance and abatement  thereof
has been given, and
  (c)  With  respect  to  the  hearing  set  forth herein the officer in
accordance with the civil practice law and rules  may:  issue  subpoena,
compel  the  attendance of witnesses, and administer oaths to witnesses,
and
  (d) Make an ex parte application to the supreme court of the state  of
New  York  for  a  temporary restraining order which the court may grant
when it determines that there is a violation  which  requires  immediate
relief.
  3.  When  an  officer  has  cause  to  believe  that  there has been a
violation of this chapter or the sanitary code in  the  operation  of  A
children's  overnight, summer day, [or] traveling summer day, OR SINGLE-
PURPOSE DAY camp which constitutes a public health hazard as defined  by
the  sanitary code, and after notice of the violation has been served in
writing on the children's overnight, summer day, [or]  traveling  summer
day,  OR  SINGLE-PURPOSE  DAY camp operator in the manner prescribed for
the service of summons set forth in the civil practice law and rules, an
officer may:
  (a) Conduct a hearing upon at least fifteen days notice in  accordance
with  the  provisions  of section twelve-a of this chapter served on the
camp operator in the manner prescribed for the service of summons as set
forth in the civil practice law and rules, and
  (b) Make a determination  after  such  hearing  with  respect  to  the
alleged  violation  or violations and have the power to assess a fine on

S. 1015--B                          5

the children's overnight, summer day,  [or]  traveling  summer  day,  OR
SINGLE-PURPOSE  DAY  camp  operator in accordance with the provisions of
section twelve of this chapter for each violation, and
  (c)  With  respect  to  the  hearing  set  forth herein the officer in
accordance with the civil practice law and rules may: issue A  subpoena,
compel  the  attendance of witnesses, and administer oaths to witnesses,
and
  (d) Make an ex parte application to the supreme court of the state  of
New  York  for  a  temporary restraining order which the court may grant
when it determines that there is a violation  which  requires  immediate
relief.
  4.  The  officer  may appoint one or more hearing officers as shall be
necessary to do or perform in his place or stead the acts authorized  by
paragraphs  (a)  and (c) of subdivision two of this section. The hearing
officer shall make findings of fact and submit  recommendations  to  the
officer.
  5.  An  officer may institute proceedings to enjoin the continuance of
such violation or the continued operation  of  such  camp.  No  bond  or
undertaking shall be required of such officer in such proceedings and no
application  to  vacate  or modify any judgment obtained shall be enter-
tained by any court without proof to such court that ten days notice  of
such application, and copies of the papers upon which the application is
to be made, have been served upon such officer.
  6.  Nothing  contained in this section shall be construed to limit the
duty or power of an officer to act with regard to an immediate threat to
the health of the occupants of a children's overnight, summer day,  [or]
traveling  summer  day,  OR  SINGLE-PURPOSE DAY camp or the community in
which it is located, or to alter or abridge any of the duties and powers
now or hereafter existing in the  commissioner,  state  district  health
officers,  county  boards  of  health, county commissioners of health or
local boards of health.
  7. Nothing contained in this section shall be construed  to  limit  or
preclude  the  officer from enforcing or pursuing any remedies or penal-
ties available under this chapter  or  sanitary  code  with  respect  to
violations  which  constitute  a  public health hazard as defined by the
sanitary code, in the operation of the children's overnight, summer day,
[or] traveling summer day, OR SINGLE-PURPOSE DAY  camp,  including,  but
not  limited  to,  those  remedies or penalties available under sections
twelve, sixteen, two hundred six, two hundred twenty-nine, three hundred
nine, and three hundred forty-eight of this chapter.
  S 9. This act shall take effect 1 year after it shall  have  become  a
law.

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