S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8552
 
                           I N  A S S E M B L Y
 
                              January 8, 2024
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the public health law and the general business  law,  in
   relation  to  establishing  a  registry  for  children's non-regulated
   camps; and to repeal certain  provisions  of  the  public  health  law
   relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1408 of the public health law, as added by a  chap-
 ter  of  the  laws  of  2023, amending the public health law relating to
 children's non-regulated camps, as proposed in legislative bills numbers
 S. 3285-A and A. 1256-A, is REPEALED.
   § 2. The public health law is amended by adding a new section 1408  to
 read as follows:
   §  1408.  REGISTRY FOR CHILDREN'S NON-REGULATED CAMPS.  THE DEPARTMENT
 SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC DATABASE CONTAINING  INFORMA-
 TION  COLLECTED PURSUANT TO THIS SECTION AND SECTION THREE HUNDRED NINE-
 TY-EIGHT-F OF THE GENERAL BUSINESS LAW FOR  THE  PURPOSES  OF  PROVIDING
 EDUCATION  AND OUTREACH TO CHILDREN'S NON-REGULATED CAMPS. SUCH DATABASE
 SHALL INCLUDE THE LOCATION AND CONTACT  INFORMATION  OF  THE  CHILDREN'S
 NON-REGULATED CAMP AND HOW MANY CHILDREN ATTENDED SUCH CAMP IN THE PRIOR
 CALENDAR  YEAR.  FOR  ESTABLISHMENT AND MAINTENANCE OF THE REGISTRY, THE
 ANNUAL FEE TO REGISTER SHALL BE TWO HUNDRED FIFTY DOLLARS,  EXCEPT  THAT
 NO  FEE  SHALL BE CHARGED IN THE CASE OF A CHILDREN'S NON-REGULATED CAMP
 OPERATED BY A PERSON, FIRM, CORPORATION OR ASSOCIATION  FOR  CHARITABLE,
 PHILANTHROPIC OR RELIGIOUS PURPOSES.
   §  3.  Subdivision  1 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:
   1. (A) As used in this  section,  a  "children's  non-regulated  camp"
 shall  mean  property consisting of a tract of land and any tents, vehi-
 cles, buildings or other structures that may be pertinent  to  its  use,
 any  part of which may be occupied on a scheduled basis ANY TIME BETWEEN
 JUNE FIRST AND SEPTEMBER FIFTEENTH IN ANY YEAR by TEN  OR  MORE  persons
 under  sixteen years of age under general supervision for the purpose of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00942-04-4
 A. 8552                             2
 
 indoor or outdoor organized  group  activities,  involving  passive  and
 nonpassive   recreational  activities,  which  is  not  subject  to  the
 provisions of article thirteen-B of the public health law AND IS:
   (I)  A DAY PROGRAM OPERATING THREE HOURS OR MORE AT LEAST FIVE OR MORE
 DAYS IN ANY TWO-WEEK PERIOD; OR
   (II) AN OVERNIGHT PROGRAM OPERATED WITHIN NEW YORK STATE FOR LESS THAN
 SEVENTY-TWO CONSECUTIVE HOURS ON MORE THAN ONE OCCASION.
   (B) THIS SECTION SHALL NOT INCLUDE ACTIVITIES OPERATED BY (I) A PUBLIC
 SCHOOL DISTRICT AND CLUBS WHICH ALSO OCCUR DURING THE TRADITIONAL SCHOOL
 YEAR; (II) SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL  SERVICES
 OR  NONPUBLIC SCHOOLS PROVIDING INSTRUCTION TO SATISFY, ENRICH, ACCELER-
 ATE, OR IMPROVE SKILLS IN ACCORDANCE WITH  EDUCATION  LAW  REQUIREMENTS;
 (III) CHILD CARE PROGRAMS AND FAMILY SHELTER-BASED DROP-OFF CHILD SUPER-
 VISION  PROGRAMS  PERMITTED  PURSUANT  TO ARTICLE FORTY-SEVEN OF THE NEW
 YORK CITY HEALTH CODE; (IV) ACTIVITIES SUBJECT TO LICENSURE OR REGISTRA-
 TION BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND  (V)  PROPERTIES
 WHERE  CHILDREN  ARE  UNDER  THE  SUPERVISION  OF  FAMILY  AND/OR FAMILY
 FRIENDS.
   § 4. Subdivision 2 of section 398-f of the general  business  law,  as
 added  by  chapter  103 of the laws of 2019, paragraph (a) as amended by
 chapter 248 of the laws of 2022, is amended to read as follows:
   2. (a) No person, firm, corporation or  association  shall  enroll  or
 allow participation of a child in a children's non-regulated camp unless
 SUCH NON-REGULATED CAMP HAS REGISTERED WITH THE DEPARTMENT OF HEALTH, IN
 A  FORM  AND MANNER PRESCRIBED BY THE DEPARTMENT OF HEALTH, ON AN ANNUAL
 BASIS AND the parent or guardian of the child has been provided with the
 following written notice on the application or enrollment form:
   "This camp is REGISTERED WITH BUT not regulated or  inspected  by  the
 New  York  State  Department  of  Health and is not required to obtain a
 Department of Health permit. This camp is not required to follow Depart-
 ment of Health regulations,  including,  maintaining  minimum  staff-to-
 child  ratios;  hiring  medical  personnel;  or  reporting  injuries  or
 illnesses to the Department of Health."
   (b) If a children's  non-regulated  camp  maintains  a  website,  this
 notice must be placed on the website.
   (c)  Any  notice required in this subdivision shall be prominently and
 conspicuously posted at the camp facilities in minimum size twelve font.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2023, amending the public health law
 relating to children's non-regulated camps, as proposed  in  legislative
 bills  numbers S. 3285-A and A. 1256-A, takes effect; provided, however,
 that sections two and four of this act shall take effect two years after
 it shall have become a law.