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

              

 S. 3966                             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. 3966                             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.

                             
                     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.
              

                                                            LBD08227-09-2
 S. 3966--B                          2
 
 parent  or  guardian  of  the child has been provided with the following
 written notice on the application or enrollment form:
   "This camp is not regulated or inspected by the New York State Depart-
 ment  of  Health  and  is  not required to obtain a Department of Health
 permit. This camp is not required to follow Department of  Health  regu-
 lations,  including,  [checking the state sex offender registry prior to
 hiring staff;] maintaining minimum staff-to-child ratios; hiring medical
 personnel; or reporting injuries  or  illnesses  to  the  Department  of
 Health."
   §  3.  Section  1392-a of the public health law, as amended by chapter
 428 of the laws of 2008, is amended to read as follows:
   § 1392-a. Requirement to check sex offender  registry.  Every  person,
 firm, limited liability company, association and corporation which oper-
 ates a children's overnight 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  AND  THE  NATIONAL  SEX
 OFFENDER  REGISTRY  USING  THE NATIONAL CRIME INFORMATION CENTER, ESTAB-
 LISHED 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 said camp  and  annually  thereafter  prior  to  their
 arrival at said camp.
   §  4.  Section  1394-a of the public health law, as amended by chapter
 428 of the laws of 2008, is amended to read as follows:
   § 1394-a. Requirement to check sex offender  registry.  Every  person,
 firm, limited liability company, association and corporation which oper-
 ates  a  summer  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 AND THE NATIONAL SEX
 OFFENDER REGISTRY USING THE NATIONAL CRIME  INFORMATION  CENTER,  ESTAB-
 LISHED  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  said  camp  and  annually thereafter prior to their
 arrival at said camp.
   § 5. Section 1394-b of the public health law, as  amended  by  chapter
 428 of the laws of 2008, is amended to read as follows:
   §  1394-b.  Requirement  to check sex offender registry. Every person,
 firm, limited liability company, association and corporation which oper-
 ates a traveling summer 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 AND THE NATIONAL SEX
 OFFENDER REGISTRY USING THE NATIONAL CRIME  INFORMATION  CENTER,  ESTAB-
 LISHED  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  said  camp  and  annually thereafter prior to their
 arrival at said camp.
   § 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.