Rpld & add §1408, Pub Health L (as proposed in S.3285-A & A.1256-A); amd §398-f, Gen Bus L
Requires the department of health to establish and maintain a registry for the purpose of providing education and outreach to children's non-regulated camps.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8552
SPONSOR: Zebrowski TITLE OF BILL:
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 ther-
eto
PURPOSE:
The purpose of this bill is to further effectuate an amendment to Chap-
ter 761 of the Laws of 2023 (Approval message 83) establishing a regis-
try for children's non-regulated camps and requiring entities operating
such camps to register annually with the Department of Health ("DOH").
SUMMARY:
Section one repeals the § 1408 of the Public Health Law as added by
Chapter 761 of 2023.
Section two adds a new § 1408 to the Public Health Law which provides
specific responsibilities of the DOH to establish and maintain the
registry of children's non-regulated camps.
Section three amends subdivision 1 of § 398-f of the General Business
Law clarify the definition of "children's non-regulated camp."
Section four amends subdivision 2 of § 398-f of the General Business Law
to provide language requiring non-regulated camps to register and
provide written notices to parents or guardians that non-regulated camps
are registered with the DOH but not required to follow DOH regulations.
Section five is the effective date.
JUSTIFICATION:
In NYS there are a substantial number of children's camps operating
without required permits or inspection. Chapter 761 of the Laws of 2023
was enacted to establish a registry of "children's non-regulated camps"
for purposes of knowing and providing education and outreach to chil-
dren's non-regulated camps. These amendments add needed clarification to
the definition of "children's non-regulated camp" in the law and sets
forth the responsibilities of DOH in establishing a registry.
PRIOR LEGISLATIVE HISTORY:
This bill is a chapter amendment to Chapter 761 of the Laws of 2023.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
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
5.3285-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.
STATE OF NEW YORK
________________________________________________________________________
8552
IN ASSEMBLY
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:
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
A. 8552 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.
