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

                                  7487

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2013
                               ___________

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.
                                                           LBD05314-04-3

A. 7487                             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.

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  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.