BILL NUMBER:  S4944A

 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.