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S08013 Summary:

S08013 Actions:

S08013 Committee Votes:

S08013 Floor Votes:

S08013 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8013
 
                    IN SENATE
 
                                     January 5, 2024
                                       ___________
 
        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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:
 
     1    Section 1. Section 1408 of the public health law, as added by a  chap-
     2  ter  of  the  laws  of  2023, amending the public health law relating to
     3  children's non-regulated camps, as proposed in legislative bills numbers
     4  S. 3285-A and A. 1256-A, is REPEALED.
     5    § 2. The public health law is amended by adding a new section 1408  to
     6  read as follows:
     7    §  1408.  Registry for children's non-regulated camps.  The department
     8  shall establish and maintain an electronic database containing  informa-
     9  tion  collected pursuant to this section and section three hundred nine-
    10  ty-eight-f of the general business law for  the  purposes  of  providing
    11  education  and outreach to children's non-regulated camps. Such database
    12  shall include the location and contact  information  of  the  children's
    13  non-regulated camp and how many children attended such camp in the prior
    14  calendar  year.  For  establishment and maintenance of the registry, the
    15  annual fee to register shall be two hundred fifty dollars,  except  that
    16  no  fee  shall be charged in the case of a children's non-regulated camp
    17  operated by a person, firm, corporation or association  for  charitable,
    18  philanthropic or religious purposes.
    19    §  3.  Subdivision  1 of section 398-f of the general business law, as
    20  added by chapter 103 of the laws of 2019, is amended to read as follows:
    21    1. (a) As used in this  section,  a  "children's  non-regulated  camp"
    22  shall  mean  property consisting of a tract of land and any tents, vehi-
    23  cles, buildings or other structures that may be pertinent  to  its  use,
    24  any  part of which may be occupied on a scheduled basis any time between
    25  June first and September fifteenth in any year by ten  or  more  persons
    26  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
        S. 8013                             2
 
     1  indoor or outdoor organized  group  activities,  involving  passive  and
     2  nonpassive   recreational  activities,  which  is  not  subject  to  the
     3  provisions of article thirteen-B of the public health law and is:
     4    (i)  a day program operating three hours or more at least five or more
     5  days in any two-week period; or
     6    (ii) an overnight program operated within New York state for less than
     7  seventy-two consecutive hours on more than one occasion.
     8    (b) This section shall not include activities operated by (i) a public
     9  school district and clubs which also occur during the traditional school
    10  year; (ii) school districts, boards of cooperative educational  services
    11  or  nonpublic schools providing instruction to satisfy, enrich, acceler-
    12  ate, or improve skills in accordance with  education  law  requirements;
    13  (iii) child care programs and family shelter-based drop-off child super-
    14  vision  programs  permitted  pursuant  to article forty-seven of the New
    15  York city health code; (iv) activities subject to licensure or registra-
    16  tion by the office of children and family services; and  (v)  properties
    17  where  children  are  under  the  supervision  of  family  and/or family
    18  friends.
    19    § 4. Subdivision 2 of section 398-f of the general  business  law,  as
    20  added  by  chapter  103 of the laws of 2019, paragraph (a) as amended by
    21  chapter 248 of the laws of 2022, is amended to read as follows:
    22    2. (a) No person, firm, corporation or  association  shall  enroll  or
    23  allow participation of a child in a children's non-regulated camp unless
    24  such non-regulated camp has registered with the department of health, in
    25  a  form  and manner prescribed by the department of health, on an annual
    26  basis and the parent or guardian of the child has been provided with the
    27  following written notice on the application or enrollment form:
    28    "This camp is registered with but not regulated or  inspected  by  the
    29  New  York  State  Department  of  Health and is not required to obtain a
    30  Department of Health permit. This camp is not required to follow Depart-
    31  ment of Health regulations,  including,  maintaining  minimum  staff-to-
    32  child  ratios;  hiring  medical  personnel;  or  reporting  injuries  or
    33  illnesses to the Department of Health."
    34    (b) If a children's  non-regulated  camp  maintains  a  website,  this
    35  notice must be placed on the website.
    36    (c)  Any  notice required in this subdivision shall be prominently and
    37  conspicuously posted at the camp facilities in minimum size twelve font.
    38    § 5. This act shall take effect on the  same  date  and  in  the  same
    39  manner  as a chapter of the laws of 2023, amending the public health law
    40  relating to children's non-regulated camps, as proposed  in  legislative
    41  bills  numbers S. 3285-A and A. 1256-A, takes effect; provided, however,
    42  that sections two and four of this act shall take effect two years after
    43  it shall have become a law.