S T A T E O F N E W Y O R K
________________________________________________________________________
1002
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Health
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
PLACE, FACILITY OR ACTIVITY THAT IS NOT WITHIN THE INTENT OF THIS DEFI-
NITION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02878-01-5
A. 1002 2
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
EMPLOYEE OR VOLUNTEER COMMENCES WORK AT SUCH CAMP AND ANNUALLY THEREAFT-
ER PRIOR TO THEIR ARRIVAL AT SUCH CAMP.
A. 1002 3
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.