S T A T E   O F   N E W   Y O R K
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                                   37

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. PAULIN, ROSENTHAL, ROBINSON, SCHIMEL, JAFFEE,
  HOOPER, PERRY, OTIS, GRAF, ROBERTS, ABINANTI -- Multi-Sponsored by  --
  M.  of  A.  BUCHWALD,  CLARK, COOK, CROUCH, ENGLEBRIGHT, FAHY, FITZPA-
  TRICK, GOTTFRIED, GUNTHER, LUPARDO, LUPINACCI,  MARKEY,  MAYER,  McDO-
  NOUGH,  RAIA,  SCARBOROUGH,  STEC  --  read  once  and referred to the
  Committee on Health

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. The opening paragraph of subdivision 2 of  section  1392  of  the
public  health  law  is  designated paragraph a and a new paragraph b is
added to read as follows:
  B. "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  OR A SERIES OF SINGLE INDOOR OR OUTDOOR ORGANIZED GROUP ACTIV-
ITIES, 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

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

                                                           LBD00101-01-5

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ANY  DAY, OPERATING FOR A TOTAL OF TWENTY OR MORE DAYS WHEN THE PROPERTY
IS SO OCCUPIED, AND ON WHICH NO PROVISIONS ARE MADE FOR OVERNIGHT  OCCU-
PANCY  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.
  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.  NO FEE SHALL BE CHARGED TO A CHILDREN'S OVERNIGHT, SUMMER DAY,
TRAVELING SUMMER DAY, OR SINGLE-PURPOSE DAY CAMP, OPERATED BY A  MUNICI-
PALITY  OR  A  PERSON,  FIRM, CORPORATION OR ASSOCIATION FOR CHARITABLE,
PHILANTHROPIC OR RELIGIOUS PURPOSES.  THE FEES SET FORTH IN THIS  SUBDI-
VISION  SHALL  EXCLUSIVELY  GOVERN ALL CHILDREN'S OVERNIGHT, SUMMER DAY,
TRAVELING SUMMER DAY, AND SINGLE-PURPOSE DAY  CAMP  NOTWITHSTANDING  THE

A. 37                               3

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.
  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 PER 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 AN ORGANIZA-
TION THAT THE DEPARTMENT DEEMS ACCEPTABLE, 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. Subdivisions 1, 3 and 4 of section 1394 of the public health law,
subdivision 1 as added by chapter 515 of the laws of 2000, subdivision 3
as added by chapter 214 of the laws of 2012 and subdivision 4  as  added
by chapter 242 of the laws of 2013, are amended to read as follows:
  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,  concern-
ing  such  matters as may be appropriate for the protection and security
of the life, health and safety of the occupants of such camps.
  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.
  4. Each children's overnight camp, summer day camp, SINGLE-PURPOSE DAY
CAMP and travelling summer day camp shall allow children attending  such
camp to carry and use topical sunscreen products approved by the federal
Food and Drug Administration for over-the-counter use for the purpose of

A. 37                               4

avoiding  overexposure  to  the  sun and not for medical treatment of an
injury or illness, with the written permission of the parent or guardian
of the child. A record of such permission shall  be  maintained  by  the
camp.  A  child  who  is  unable  to  physically  apply sunscreen may be
assisted by unlicensed personnel when directed to do so by the child, if
permitted by a parent or guardian and authorized by the camp.
  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-
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 1394-b of the public health law is REPEALED.
  S 9. 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

A. 37                               5

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
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 THE 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 10. This act shall take effect 1 year after it shall have  become  a
law.