Bill S1986A-2013

Requires 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

Requires 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; defines "single-purpose day camp".

Details

Actions

  • Jan 8, 2014: REFERRED TO HEALTH
  • May 3, 2013: PRINT NUMBER 1986A
  • May 3, 2013: AMEND (T) AND RECOMMIT TO HEALTH
  • Jan 9, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S1986A

TITLE OF BILL: 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

PURPOSE:

To ensure the safety and welfare of our children by requiring that single-purpose day camps check the sex offender registry for all potential employees and volunteers; and to require all camps check the state-wide central register for child abuse and maltreatment to ascertain if an employee or volunteer is subject of an indicated child abuse and maltreatment report.

SUMMARY OF PROVISIONS:

Section 1. Amends the article heading of article 13-B of the public health law to include single-purpose day camps within the applicability of the article.

Section 2. Amends section 1392 of the public health law by adding a new subdivision 3-a. The section defines "single-purpose day camp" as 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 supervision, 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 definition.

Section 3. Amends section 1393 of the public health law to require single-purpose day camps to obtain a permit prior to operation.

Section 4. adds a new section 1394-c to the public health law to require single-purpose day camps to ascertain whether an employee or volunteer is listed on the state sex offender registry prior to the date the employee or volunteer begins employment.

Section 5. Adds a new paragraph (d-2) to subdivision 1 of section 424-a of the social services law to require all camps that fall under the provisions of article thirteen-B of the public health law, for every employee or volunteer, to check whether the employee or volunteer is on file with the statewide central register of child abuse and maltreatment.

Section 6. Effective on the one hundred eightieth day after it shall become law.

JUSTIFICATION:

Protecting the safety and welfare of our children is of the utmost importance. Summer camps are a important part of our children's experience. However, not all camps currently fall under Department of Health Regulations. Single-purpose day camps are not required to check their employee's or volunteer's background. We must ensure that we protect children whether they attend an outdoor summer camp or a single-purpose day camp. Requiring these camps to check the sex offender registry will further protect our children's safety. Also, to make sure that all camps operated in New York are keeping our children safe, this bill would require that all camps check the statewide central register of child abuse and maltreatment to ascertain whether a prospective employee or volunteer is the subject of an indicted report. This will further ensure that are children will be protected from harm.

LEGISLATIVE HISTORY:

2011-12 - S.5239- Referred to Health

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1986--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 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. 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.

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