senate Bill S1986A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 03, 2013 print number 1986a
amend (t) and recommit to health
Jan 09, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S1986 - Bill Details

See Assembly Version of this Bill:
A7487
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 Session:
S5239

S1986 - Bill Texts

view 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".

view sponsor memo
BILL NUMBER:S1986

TITLE OF BILL:
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

PURPOSE:
To ensure the safety and welfare of our children by requiring that
single activity clinics 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 section 1392 of the public health law by adding a
new subdivision. The section defines single activity clinic as 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 for individuals eighteen years or younger.

Section 2. Requires single activity clinics to obtain a permit prior
to operation.

Section 3. Requires single activity clinics 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 4. Requires all camps or clinics 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 5. 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 fall under Department of Health
Regulations. Single activity camps are not required to check their
employee's background. We must ensure that we protect children
whether they attend an outdoor summer camp or a single activity 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 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: Needs to be determined.

EFFECTIVE DATE:
Takes effect on the one hundred eightieth day after it shall become law.

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

                                  1986

                       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

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.
                                                           LBD05314-01-3

S. 1986                             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

S. 1986                             3

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.

S1986A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7487
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 Session:
S5239

S1986A (ACTIVE) - Bill Texts

view 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".

view 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 full text
download pdf
                    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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