BILL NUMBER:A6772A

TITLE  OF BILL:  An act to amend the public health law, in relation to
the definition of summer day camp and fees relating thereto

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to  amend
the public health law to clarify the definition of summer day camps.

SUMMARY   OF  SPECIFIC  PROVISIONS:  Section  1  of  this  act  amends
subdivision 2 of section 1392 of the public health law,  as  added  by
chapter 515 of the laws of 2000, to define summer day camps to include
indoor   and   outdoor   programs  involving  nonpassive  recreational
activities with significant risk of injury,  as  such  activities  are
defined by the health department in rules and regulations.

Section  2  amends  subdivision 4 of section 1393 of the public health
law, as added by chapter 515 of the laws  of  2000,  to  increase  the
permit fee from one hundred to two hundred dollars.

Section 3 provides the effective date.

JUSTIFICATION:  Public health law currently excludes from regulation a
summer day camp whose activities are  primarily  indoors.  Camps  have
sought  to  avoid  regulation by structuring their programming so that
more than half of their activities are conducted  indoors,  regardless
of  the  kind  of  activities.  The  potential life, health and safety
              

hazards presented by camp activities where there is a significant risk
of injury, however, are the same whether  they  are  held  indoors  or
outdoors.    Those activities with a significant risk of injury should
be subject to regulation  by  the  health  department  and  the  camps
offering  such  activities  held  to  the  law's  safety  and sanitary
standards.

In 2007, the state health  department  conducted  a  survey  of  local
health  departments (LHDs). Of the 42 LHDs that responded, 23 reported
that the existing law has created issues that included  difficulty  in
evaluating  programs  based on the current definition in the law. LHDs
reported that, in addition to camps that attempted to avoid regulation
by conducting more than half  of  their  activities  indoors,  certain
camps  wanted  to  be regulated in order to receive funding from state
agencies. LHDs also reported a perception of inequity on the  part  of
operators  of camps that are subject to regulation whereas other camps
offering  similar  programming  but  indoors  were  not   subject   to
regulation.  This legislation will not only provide needed clarity for
both LHDs and camps, but  also  will  better  ensure  the  safety  and
welfare of the children attending camps where requiring the additional
safeguards afforded by regulation is appropriate.

Current  law  also  imposes an arbitrary ceiling of $100.00 on the fee
for summer day camp permits. This ceiling has not changed for decades.
This bill increases the fee to better  reflect  the  costs  associated
with the vital permitting process.

PRIOR  LEGISLATIVE  HISTORY:  Similar  to  A.10996-A, 2008 referred to
health. Same as S.8386-A, 2008 passed Senate.


FISCAL IMPLICATIONS: Health departments will receive additional permit
fees to offset the costs of inspections.

EFFECTIVE DATE: This act shall take effect April 1, 2011.