senate Bill S1986A

Requires single-purpose day camps to ascertain whether an employee or volunteer is listed on the state sex offender registry pursuant to article six-C of the correction law

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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
  • 03 / May / 2013
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 03 / May / 2013
    • PRINT NUMBER 1986A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires single-purpose day camps to ascertain whether an employee or volunteer is listed on the state sex offender registry pursuant to article six-C of the correction law; defines "single-purpose day camp".

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Bill Details

See Assembly Version of this Bill:
A7487
Versions:
S1986
S1986A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd Art 13-B Art Head, §§1392 & 1393, add §1394-c, Pub Health L; amd §424-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Cycle:
S5239, S5239

Sponsor Memo

BILL NUMBER:S1986A

TITLE OF BILL: An act to amend the public health law and the social
services law, in relation to requiring single-purpose day camps to
ascertain whether an employee or volunteer is listed on the state sex
offender registry pursuant to article six-C of the correction law

PURPOSE:

To ensure the safety and welfare of our children by requiring that
single-purpose day camps check the sex offender registry for all
potential employees and volunteers; and to require all camps check the
state-wide central register for child abuse and maltreatment to
ascertain if an employee or volunteer is subject of an indicated child
abuse and maltreatment report.

SUMMARY OF PROVISIONS:

Section 1. Amends the article heading of article 13-B of the public
health law to include single-purpose day camps within the
applicability of the article.

Section 2. Amends section 1392 of the public health law by adding a
new subdivision 3-a. The section defines "single-purpose day camp" as
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 supervision, 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
place, facility or activity that is not within the intent of this
definition.

Section 3. Amends section 1393 of the public health law to require
single-purpose day camps to obtain a permit prior to operation.

Section 4. adds a new section 1394-c to the public health law to
require single-purpose day camps to ascertain whether an employee or
volunteer is listed on the state sex offender registry prior to the
date the employee or volunteer begins employment.

Section 5. Adds a new paragraph (d-2) to subdivision 1 of section
424-a of the social services law to require all camps that fall under
the provisions of article thirteen-B of the public health law, for
every employee or volunteer, to check whether the employee or
volunteer is on file with the statewide central register of child
abuse and maltreatment.

Section 6. Effective on the one hundred eightieth day after it shall
become law.


JUSTIFICATION:

Protecting the safety and welfare of our children is of the utmost
importance. Summer camps are a important part of our children's
experience. However, not all camps currently fall under Department of
Health Regulations. Single-purpose day camps are not required to check
their employee's or volunteer's background. We must ensure that we
protect children whether they attend an outdoor summer camp or a
single-purpose day camp. Requiring these camps to check the sex
offender registry will further protect our children's safety. Also, to
make sure that all camps operated in New York are keeping our children
safe, this bill would require that all camps check the statewide
central register of child abuse and maltreatment to ascertain whether
a prospective employee or volunteer is the subject of an indicted
report. This will further ensure that are children will be protected
from harm.

LEGISLATIVE HISTORY:

2011-12 - S.5239- Referred to Health

FISCAL IMPLICATIONS: 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 is
authorized and directed to be made and completed on or before such
date.

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

                                 1986--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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

AN  ACT  to  amend the public health law and the social services law, in
  relation to requiring single-purpose day camps to ascertain whether an
  employee or volunteer is listed on the  state  sex  offender  registry
  pursuant to article six-C of the correction law

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

  Section 1. The article heading of article 13-B of  the  public  health
law,  as added by chapter 515 of the laws of 2000, is amended to read as
follows:
            REGULATION OF OVERNIGHT, SINGLE-PURPOSE DAY, SUMMER
            DAY, AND TRAVELING SUMMER DAY CAMPS FOR CHILDREN
  S 2. Section 1392 of the public health law is amended by adding a  new
subdivision 3-a to read as follows:
  3-A.  "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.
                                                           LBD05314-03-3

S. 1986--A                          2

PLACE,  FACILITY OR ACTIVITY THAT IS NOT WITHIN THE INTENT OF THIS DEFI-
NITION.
  S 3. Section 1393 of the public health law, as added by chapter 515 of
the laws of 2000 and 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, SINGLE-PURPOSE DAY, summer
day,  or traveling summer 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,  SINGLE-PURPOSE  DAY, summer day, or traveling summer
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,  SINGLE-PUR-
POSE  DAY, summer day or traveling summer day camp operated by a person,
firm, corporation or association for charitable, philanthropic or  reli-
gious purposes.
  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, SINGLE-PURPOSE DAY, summer day, or travel-
ing  summer day camp shall contain or be accompanied by a written state-
ment 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; and
  (c)  the  address  where  inspection  reports concerning such camp are
filed.
  S 4. The public health law is amended by adding a new  section  1394-c
to read as follows:
  S  1394-C.  REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY. EVERY PERSON,
FIRM, LIMITED LIABILITY COMPANY, ASSOCIATION AND CORPORATION WHICH OPER-
ATES A 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

S. 1986--A                          3

EMPLOYEE OR VOLUNTEER COMMENCES WORK AT SUCH CAMP AND ANNUALLY THEREAFT-
ER PRIOR TO THEIR ARRIVAL AT SUCH CAMP.
  S  5.  Subdivision  1  of  section 424-a of the social services law is
amended by adding a new paragraph (d-2) to read as follows:
  (D-2) EVERY PERSON, FIRM, LIMITED LIABILITY COMPANY,  ASSOCIATION  AND
OPERATION WHICH OPERATES A CAMP THAT FALLS UNDER THE PROVISIONS OF ARTI-
CLE THIRTEEN-B OF THE PUBLIC HEALTH LAW FOR EVERY EMPLOYEE OR VOLUNTEER,
PRIOR TO THE EMPLOYMENT START DATE, SHALL INQUIRE OF THE OFFICE OF CHIL-
DREN  AND  FAMILY  SERVICES,  AND THE OFFICE SHALL, UPON RECEIPT OF SUCH
INQUIRY AND SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OR (E) OF  SUBDI-
VISION  ONE  OF THIS SECTION, INFORM SUCH AND THE SUBJECT OF THE INQUIRY
WHETHER ANY PERSON WHO IS ACTIVELY BEING CONSIDERED FOR  EMPLOYMENT  AND
WHO  WILL  HAVE  THE  POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH
CHILDREN IS THE SUBJECT OF AN INDICATED  CHILD  ABUSE  AND  MALTREATMENT
REPORT  ON  FILE  WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT.
  S 6. 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 is authorized and directed to
be made and completed on or before such date.

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