Senate Bill S5239

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

                                  5239

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

AN ACT to amend the public health law and the social  services  law,  in
  relation  to requiring single activity clinics 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. Section 1392 of the public health law is amended by  adding
a new subdivision 3-a to read as follows:
  3-A.  "SINGLE  ACTIVITY  CLINIC"  SHALL MEAN ANY PERSON, FIRM, LIMITED
LIABILITY COMPANY, ASSOCIATION AND OPERATION WHICH OPERATES  ANY  SINGLE
ACTIVITY CLINIC OR RUNS ANY TYPE OF ORGANIZED ACTIVITY FOR A FEE INVOLV-
ING  PARTICIPANTS  UNDER  THE  AGE  OF  EIGHTEEN FROM JUNE FIRST THROUGH
SEPTEMBER FIFTEENTH.
  S 2. 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,  SINGLE  ACTIVITY  CLINIC,
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  ACTIVITY  CLINIC,  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
OR  CLINICS  may  remain  open pursuant to regulations prescribed by the
commissioner. Nothing in this section shall be construed  to  limit  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11369-02-1

              

S. 5239                             2

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
ACTIVITY  CLINIC,  summer day or traveling summer day camp operated by a
person, firm, corporation or association for  charitable,  philanthropic
or religious 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 ACTIVITY CLINIC, summer day, or
traveling summer day camp shall contain or be accompanied by  a  written
statement which declares:
  (a)  that  such  camp  OR CLINIC is required to be licensed by the New
York state department of health;
  (b) that such camp OR CLINIC is required to be inspected twice yearly;
and
  (c) the address where inspection reports concerning such camp OR CLIN-
IC are filed.
  S 3. 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 ACTIVITY CLINIC 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 SUCH CLINIC AND ANNUALLY  THERE-
AFTER PRIOR TO THEIR ARRIVAL AT SUCH CLINIC.
  S  4.  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  FAMILIES SERVICES, AND THE OFFICE SHALL, UPON RECEIPT OF SUCH
INQUIRY AND SUBJECT TO THE PROVISIONS OF PARAGRAPH (E) OR (B) 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

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REPORT  ON  FILE  WITH THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT.
  S 5. 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.