S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    152
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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.
              

                                                            LBD00159-02-9

 S. 152                              2
 
   § 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:
   § 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.
   § 4. 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 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.

 S. 152                              3

   § 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.
   § 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 are authorized to be  made  and
 completed on or before such effective date.