Senate Bill S3966B

Signed By Governor
2021-2022 Legislative Session

Requires children's non-regulated camps to ascertain whether an employee or volunteer is listed on the sex offender registry

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8136 - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2021-S3966 - Details

See Assembly Version of this Bill:
A8136
Law Section:
Public Health Law
Laws Affected:
Add §1394-d, amd §§1392-a, 1394-a & 1394-b, Pub Health L; amd §398-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5239
2013-2014: S1986
2015-2016: S1750
2017-2018: S4082
2019-2020: S152

2021-S3966 - Summary

Requires children's non-regulated 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 and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq.).

2021-S3966 - Sponsor Memo

2021-S3966 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3966
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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-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
   §  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.
                                                            LBD08227-01-1

              

co-Sponsors

2021-S3966A - Details

See Assembly Version of this Bill:
A8136
Law Section:
Public Health Law
Laws Affected:
Add §1394-d, amd §§1392-a, 1394-a & 1394-b, Pub Health L; amd §398-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5239
2013-2014: S1986
2015-2016: S1750
2017-2018: S4082
2019-2020: S152

2021-S3966A - Summary

Requires children's non-regulated 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 and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq.).

2021-S3966A - Sponsor Memo

2021-S3966A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3966--A
     Cal. No. 377
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. REICHLIN-MELNICK, BROOKS, MANNION, PALUMBO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Health -- reported favorably from said committee, ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation to children's non-regulated camps
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1394-c to read as follows:
   §  1394-C.  REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY. EVERY PERSON,
 FIRM, LIMITED LIABILITY COMPANY, ASSOCIATION AND CORPORATION WHICH OPER-
 ATES A CHILDREN'S NON-REGULATED CAMP AS DEFINED IN SECTION THREE HUNDRED
 NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW SHALL BE REQUIRED  TO  ASCER-
 TAIN  WHETHER AN EMPLOYEE OR VOLUNTEER IS LISTED ON THE STATE SEX OFFEN-
 DER REGISTRY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION  LAW  PRIOR  TO
 THE DAY SUCH EMPLOYEE OR VOLUNTEER COMMENCES WORK AT SUCH CAMP AND ANNU-
 ALLY THEREAFTER PRIOR TO THEIR ARRIVAL AT SUCH CAMP.
   §  2.  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 OR A CHILDREN'S NON-REGULATED
 CAMP AS DEFINED IN SECTION THREE HUNDRED NINETY-EIGHT-F OF  THE  GENERAL
 BUSINESS  LAW,  FOR EVERY EMPLOYEE OR VOLUNTEER, PRIOR TO THE EMPLOYMENT
 START DATE, SHALL INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 AND THE OFFICE SHALL, UPON RECEIPT OF SUCH INQUIRY AND  SUBJECT  TO  THE
 PROVISIONS  OF  PARAGRAPH (B) OR (E) OF SUBDIVISION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S3966B (ACTIVE) - Details

See Assembly Version of this Bill:
A8136
Law Section:
Public Health Law
Laws Affected:
Add §1394-d, amd §§1392-a, 1394-a & 1394-b, Pub Health L; amd §398-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5239
2013-2014: S1986
2015-2016: S1750
2017-2018: S4082
2019-2020: S152

2021-S3966B (ACTIVE) - Summary

Requires children's non-regulated 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 and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq.).

2021-S3966B (ACTIVE) - Sponsor Memo

2021-S3966B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3966--B
     Cal. No. 116
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. REICHLIN-MELNICK, BROOKS, MANNION, PALUMBO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Health -- reported favorably from said committee, ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of  third  reading
   --  recommitted  to  the Committee on Health in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law and the general business  law,  in
   relation to children's non-regulated camps
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1394-d to read as follows:
   §  1394-D.  REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY. EVERY PERSON,
 FIRM, LIMITED LIABILITY COMPANY, ASSOCIATION AND CORPORATION WHICH OPER-
 ATES A CHILDREN'S NON-REGULATED CAMP AS DEFINED IN SECTION THREE HUNDRED
 NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW SHALL BE REQUIRED  TO  ASCER-
 TAIN  WHETHER AN EMPLOYEE OR VOLUNTEER IS LISTED ON THE STATE SEX OFFEN-
 DER REGISTRY PURSUANT TO ARTICLE SIX-C OF THE  CORRECTION  LAW  AND  THE
 NATIONAL  SEX  OFFENDER  REGISTRY  USING  THE NATIONAL CRIME INFORMATION
 CENTER, ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT
 OF 2006 (42 U.S.C. 16901 ET SEQ.) PRIOR TO  THE  DAY  SUCH  EMPLOYEE  OR
 VOLUNTEER  COMMENCES  WORK AT SUCH CAMP AND ANNUALLY THEREAFTER PRIOR TO
 THEIR ARRIVAL AT SUCH CAMP.
   § 2. Paragraph (a) of subdivision 2 of section 398-f  of  the  general
 business law, as added by chapter 103 of the laws of 2019, is amended to
 read as follows:
   (a)  No person, firm, corporation or association shall enroll or allow
 participation of a child in a children's non-regulated camp  unless  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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