NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2029
SPONSOR: Abinanti (MS) TITLE OF BILL: An act to amend the general business law, in relation
to notices pertaining to children's non-regulated camp
PURPOSE:
This bill would require non-regulated children's camps to provide
parents or guardians notice that they are not regulated by the New York
State Department of Health.
SUMMARY OF PROVISIONS:
Section 1 amends the general business law by adding a new section 398-f
to:
1. Define "children's non-regulated camp" that are not required to
obtain a New York State department of health permit; and
2. Require non-regulated children's camps to provide parents or guardi-
ans with a written notice on the application or enrollment form that the
camp is not regulated or inspected by the New York State Department of
Health and is not required to obtain a Department of Health permit and
is not required to check the State sex-offender registry prior to hiring
staff, maintain minimum staff-to-child ratios, hire medical personnel,
or report injuries or illnesses to the Department of Health.
This section further requires that the operator of a non-regulated camp
post this notice on their website if they have one; post the notice
prominently at the camp facility in minimum size twelve font; and main-
tain a copy of each notice required to be provided for a period of three
years.
Section 2 is the effective date.
JUSTIFICATION:
Parents and guardians who enroll their children in camp programs may not
be aware that not all camps are required to be obtain a permit from the
New York State Department of Health and therefore are not subject to
their regulations. It is important for parents and guardians to be made
aware of this distinction. This bill will require parents and guardians
to be informed of this prior to enrolling their child in a non-regulated
camp. This information will help make parents and guardians aware that
they need to get additional information about a non-regulated camp in
order to make an informed decision about enrolling their child in such a
camp.
LEGISLATIVE HISTORY:
2017-18: A10123 passed assembly; same as S8095 (Carlucci) referred to
consumer protection
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
2029
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. ABINANTI, MORINELLO, HEVESI, BRABENEC, PAULIN,
SANTABARBARA, QUART, MOSLEY, DILAN, JEAN-PIERRE, TAYLOR, BYRNE,
STIRPE, McDONOUGH, JONES, RA, WALSH, PALMESANO, M. L. MILLER --
Multi-Sponsored by -- M. of A. ENGLEBRIGHT, FITZPATRICK, GALEF -- read
once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to notices
pertaining to children's non-regulated camp
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 398-f to read as follows:
3 § 398-f. Children's non-regulated camp. 1. As used in this section, a
4 "children's non-regulated camp" shall mean property consisting of a
5 tract of land and any tents, vehicles, buildings or other structures
6 that may be pertinent to its use, any part of which may be occupied on a
7 scheduled basis by persons under sixteen years of age under general
8 supervision for the purpose of indoor or outdoor organized group activ-
9 ities, involving passive and nonpassive recreational activities, which
10 is not subject to the provisions of article thirteen-B of the public
11 health law.
12 2. (a) No person, firm, corporation or association shall enroll or
13 allow participation of a child in a children's non-regulated camp unless
14 the parent or guardian of the child has been provided with the following
15 written notice on the application or enrollment form:
16 "This camp is not regulated or inspected by the New York State Depart-
17 ment of Health and is not required to obtain a Department of Health
18 permit. This camp is not required to follow Department of Health regu-
19 lations, including, checking the state sex offender registry prior to
20 hiring staff; maintaining minimum staff-to-child ratios; hiring medical
21 personnel; or reporting injuries or illnesses to the Department of
22 Health."
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05233-01-9
A. 2029 2
1 (b) If a children's non-regulated camp maintains a website, this
2 notice must be placed on the website.
3 (c) Any notice required in this subdivision shall be prominently and
4 conspicuously posted at the camp facilities in minimum size twelve font.
5 3. The operator of a children's non-regulated camp shall retain a copy
6 of each notice required to be provided by subdivision two of this
7 section for a period of three years.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law.
