Senate Bill S3970

2009-2010 Legislative Session

Adds 3 representatives of children's interests to the state camp safety advisory council; directs a study of improving the regulation of youth camps

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Apr 07, 2009	referred to health

co-Sponsors

2009-S3970 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1390, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S3849

2009-S3970 (ACTIVE) - Summary

Increases from 1 to 4, the number of members of the "state camp safety advisory council" who are to be representatives of children's interests who do not operate a camp; concomitantly increases the total membership of such council from 9 to 12; directs the commissioner of health to conduct a study of the feasibility of improving the statutes, rules and regulations governing and the practices used by youth camps, including the feasibility of a uniform, standardized training and testing system for youth camp counselors, the feasibility of periodic mandated workshops for local health inspectors, and the feasibility of mandated workshops for youth camp directors.

2009-S3970 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3970

 TITLE OF BILL :

An act to amend the public health law, in relation to the membership
of the state camp safety advisory council; and to direct the
commissioner of health to conduct a study of youth camp safety


 SUMMARY OF PROVISIONS :

Section 1 amends section 1390 of the Public Health Law in relation to
the make-up of the State Camp Safety Advisory Council. The council
shall be expanded to twelve members from the current nine members by
adding three members, who do not operate a children's camp, to
represent the interests of children; currently, only one member is so
designated. The existing membership structure will otherwise remain
the same; three members to represent youth camps operated in New York
for profit; three members to represent youth camps operated in New
York for not-for-profit; one member to represent youth camp consumer
interests; and one member to represent summer day camps and traveling
summer day camps operated by municipal corporations and other entities
subject to article 13-D of this chapter. This section also stipulates
the procedure to fill a vacancy on the council. Although current law
specifies the length terms for council members, the law lacks
sufficient provisions relating to succession. The bill stipulates

procedures required to take upon the expiration of a member's term and
time frame to fill a vacancy on the council.
Section 2 mandates the Commissioner of the Department of Health to
conduct a study of the feasibility of improving the statutes, rules
and regulations governing, and the practice utilized by youth camps.
The study shall gauge the feasibility of establishing a uniform,
standardized training and testing system for camp counselors, and
providing periodic mandated workshops and testing for local health
inspectors and youth camp directors. The study will review the minimum
standards for first aid and water safety and review the
counselor/camper ratio for cardio-pulmonary resuscitation training.
The commissioner is directed to issue a cost estimate for each of
these programs. Subpart 7-2 of the State Sanitary Code already
outlines certain guidelines relating to camp procedures for counselor
training, duties of local county health inspectors, and camp
directors. According to the guidelines, camps must create a Written
Plan and submit it to the Department of Health.  Although the plan
must meet certain general criteria, camps have some discretion as to
the composition of the plan. This legislation would strengthen the
current law by working for the creation of a standardized statewide
plan for counselor training and testing, as well as further specify
and strengthen the duties and responsibilities of camp directors and
county health inspectors.
Section 3 sets the effective date.

 JUSTIFICATION :

In the summer of 1998, Jeremy Scheinfeld drowned at an overnight camp
in New York State.  Jeremy, who was ten years old at the time, drowned
in a kill while participating in a camp activity off camp grounds.
According to the County Investigation Report, "several campers were
almost lost in this event". This senseless tragedy could have been
prevented through the proper supervision and training of camp staff.
This legislation intends to guard against such a tragedy occurring in
the future by altering the composition and membership procedures of
the State Camp Safety Advisory Council and reviewing the state safety
guidelines for camp staff and campers. The Department of Health (DOH)
indicate that it could implement most of the recommendations with the
proper resources, this legislation requires DOH to conduct a
feasibility study to determine the exact cost to implement these
recommendations.  The study will examine the current safety and staff
guidelines relating to the creation and implementation of a new youth
counselor orientation and testing program, the establishment of
minimum standards of proficiency for counselors in water and first-aid
safety, and a review of the current counselor/camper ratio for CPR.
The study will also examine the current requirements for local health
inspectors and camp directors.

 FISCAL IMPLICATIONS :  To be determined.

 EFFECTIVE DATE :
This act shall take effect 90 days after it shall have become a law;
provided, however, that the Governor is authorized and directed to
appoint members to the state camp safety advisory council on or before
such effective date to fill any expired terms, vacancies or additional
member positions which shall exist on such date.

2009-S3970 (ACTIVE) - Bill Text download pdf

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

                                  3970

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the membership  of
  the state camp safety advisory council; and to direct the commissioner
  of health to conduct a study of youth camp safety

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

  Section 1. Section 1390 of the public health law, as amended by  chap-
ter 337 of the laws of 1980, is amended to read as follows:
  S  1390.  Establishment  of  state camp safety advisory council.   The
commissioner [of health] shall establish within the  [state]  department
[of  health]  a state camp safety advisory council to advise and consult
on policy matters relating to  youth  camp  safety.  The  council  shall
consist  of  [nine]  TWELVE members to be appointed by the governor with
the advice and consent of the senate. Three members of the council shall
be representatives of youth camps operated in New York for profit, three
members of the council shall be representatives of youth camps  operated
in  New York under philanthropic, non-profit or charitable auspices, one
member of the council shall be a representative of youth  camp  consumer
interests,  [one]  FOUR  MEMBERS  shall  be [a representative] REPRESEN-
TATIVES of children's interests who [does] DO not operate [a] children's
[camp] CAMPS, and one MEMBER shall be a  representative  of  summer  day
camps  and traveling summer day camps operated by municipal corporations
and other entities subject to article thirteen-D of  this  chapter.  The
council  shall  elect  from  among  its members a chairman. On or before
January first, nineteen hundred seventy-four, the governor shall appoint
two youth camp representative members for a term of two years, two youth
camp representative members for a term of four years and two youth  camp
representative  members  for  a term of six years. Biennially thereafter
the youth camp representative members shall be appointed to [said]  SUCH
council in like manner to succeed those whose terms expire, to serve for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09192-01-9

S. 3970                             2

terms  of  six  years each and until their successors are appointed. The
member representative of youth camp consumer interests shall also  serve
for a term of six years and until a successor is appointed. On or before
January  first,  nineteen hundred eighty-one, the governor shall appoint
[the] ONE representative of children's interests  for  a  term  of  four
years  and  the  representative of summer day camps and traveling summer
day camps operated by municipal corporations and other entities  subject
to  article  thirteen-D  of  this chapter for a term of two years. ON OR
BEFORE JULY FIRST, TWO THOUSAND TEN, THE GOVERNOR  SHALL  APPOINT  THREE
REPRESENTATIVES OF CHILDREN'S INTERESTS FOR A TERM OF FOUR YEARS. There-
after,  each  succeeding representative of children's interests and each
succeeding representative of [said] SUCH summer day camps and  traveling
summer  day  camps  shall  serve terms of six years each and until their
successors are appointed. Vacancies shall be filled by the governor  for
the  unexpired portion of the term.  [Said] ALL EXPIRED TERMS AND VACAN-
CIES SHALL BE FILLED WITHIN SIXTY DAYS OF THE EXPIRATION OF THE TERM  OR
OCCURRENCE  OF  THE  VACANCY.  SUCH  council shall meet at least twice a
year, and more often if necessary, on the call of the chairman or on the
call of the commissioner [of health]. The members of the  council  shall
receive  no  compensation  but  shall be reimbursed for their reasonable
traveling and other expenses incurred in the performance of their  offi-
cial duties.
  S 2. a. The commissioner of health shall conduct a study of the feasi-
bility  of  improving  the statutes, rules and regulations governing and
the practices utilized by youth camps. The commissioner  shall  include,
at a minimum, the following:
  (1)  the  feasibility of establishing a uniform, standardized training
and testing system for youth camp counselors including the establishment
of minimum standards of proficiency in first aid and water safety.  Such
study  shall  review the feasibility of developing counselor orientation
materials and programs for use prior to the arrival of children  partic-
ipating  in  the  camp.  Such  study  shall  also  review  the  required
counselor/camper ratio for cardio pulmonary resuscitation training;
  (2) the feasibility of providing periodic mandated workshops for local
health inspectors responsible for the inspection of  youth  camp  health
and  safety  regulations,  as  well  as the monitoring of local streams,
lakes, rivers and other bodies of water to warn  the  public  and  local
camps of hazardous water conditions; and
  (3) the feasibility of providing periodic mandated workshops for youth
camp directors.
  In  studying the feasibility of establishing such workshops and train-
ing, the commissioner of  health  shall  estimate  the  costs  of  these
programs and possible fees  that could be structured to support them.
  b.  The  commissioner  of  health  shall submit a report of his or her
findings and recommendations, derived from the study conducted  pursuant
to  this section, to the governor and the legislature within one year of
the effective date of this act.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that the governor is authorized
and directed to appoint members to the state camp safety advisory  coun-
cil  on  or before such effective date to fill any expired terms, vacan-
cies or additional member positions which shall exist on such date.

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Senate Bill S3970

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2009-S3970 (ACTIVE) - Details

2009-S3970 (ACTIVE) - Summary

2009-S3970 (ACTIVE) - Sponsor Memo

2009-S3970 (ACTIVE) - Bill Text download pdf

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Ruben Diaz

George Onorato

2009-S3970 (ACTIVE) - Details

2009-S3970 (ACTIVE) - Summary

2009-S3970 (ACTIVE) - Sponsor Memo

2009-S3970 (ACTIVE) - Bill Text download pdf

Comments