Bill Text: NY A08136 | 2021-2022 | General Assembly | Amended


Bill Title: Requires children's non-regulated 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 and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq.).

Spectrum: Bipartisan Bill

Status: (Passed) 2022-06-30 - signed chap.248 [A08136 Detail]

Download: New_York-2021-A08136-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8136--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2021
                                       ___________

        Introduced  by  M. of A. PAULIN, ASHBY, JENSEN -- read once and referred
          to the Committee on Health  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Health  in  accordance  with  Assembly
          Rule  3,  sec. 2 -- reported and referred to the Committee on Codes --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the public health law and the general business law, in
          relation to children's non-regulated camps

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  1394-d to read as follows:
     3    § 1394-d. Requirement to check sex offender  registry.  Every  person,
     4  firm, limited liability company, association and corporation which oper-
     5  ates a children's non-regulated camp as defined in section three hundred
     6  ninety-eight-f  of  the general business law shall be required to ascer-
     7  tain whether an employee or volunteer is listed on the state sex  offen-
     8  der  registry  pursuant  to  article six-C of the correction law and the
     9  national sex offender registry  using  the  national  crime  information
    10  center, established under the Adam Walsh child protection and safety act
    11  of  2006  (42  U.S.C.  16901  et seq.) prior to the day such employee or
    12  volunteer commences work at such camp and annually thereafter  prior  to
    13  their arrival at such camp.
    14    §  2.  Paragraph  (a) of subdivision 2 of section 398-f of the general
    15  business law, as added by chapter 103 of the laws of 2019, is amended to
    16  read as follows:
    17    (a) No person, firm, corporation or association shall enroll or  allow
    18  participation  of  a child in a children's non-regulated camp unless the
    19  parent or guardian of the child has been  provided  with  the  following
    20  written notice on the application or enrollment form:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08227-08-2

        A. 8136--B                          2

     1    "This camp is not regulated or inspected by the New York State Depart-
     2  ment  of  Health  and  is  not required to obtain a Department of Health
     3  permit. This camp is not required to follow Department of  Health  regu-
     4  lations,  including,  [checking the state sex offender registry prior to
     5  hiring staff;] maintaining minimum staff-to-child ratios; hiring medical
     6  personnel;  or  reporting  injuries  or  illnesses  to the Department of
     7  Health."
     8    § 3. Section 1392-a of the public health law, as  amended  by  chapter
     9  428 of the laws of 2008, is amended to read as follows:
    10    §  1392-a.  Requirement  to check sex offender registry. Every person,
    11  firm, limited liability company, association and corporation which oper-
    12  ates a children's overnight camp shall be required, to ascertain whether
    13  an employee or volunteer is listed on the state  sex  offender  registry
    14  pursuant  to  article  six-C  of the correction law and the national sex
    15  offender registry using the national crime  information  center,  estab-
    16  lished  under the Adam Walsh child protection and safety act of 2006 (42
    17  U.S.C. 16901 et seq.) prior  to  the  day  such  employee  or  volunteer
    18  commences  work  at  said  camp  and  annually thereafter prior to their
    19  arrival at said camp.
    20    § 4. Section 1394-a of the public health law, as  amended  by  chapter
    21  428 of the laws of 2008, is amended to read as follows:
    22    §  1394-a.  Requirement  to check sex offender registry. Every person,
    23  firm, limited liability company, association and corporation which oper-
    24  ates a summer day camp  shall  be  required,  to  ascertain  whether  an
    25  employee  or  volunteer  is  listed  on  the state sex offender registry
    26  pursuant to article six-C of the correction law  and  the  national  sex
    27  offender  registry  using  the national crime information center, estab-
    28  lished under the Adam Walsh child protection and safety act of 2006  (42
    29  U.S.C.  16901  et  seq.)  prior  to  the  day such employee or volunteer
    30  commences work at said camp  and  annually  thereafter  prior  to  their
    31  arrival at said camp.
    32    §  5.  Section  1394-b of the public health law, as amended by chapter
    33  428 of the laws of 2008, is amended to read as follows:
    34    § 1394-b. Requirement to check sex offender  registry.  Every  person,
    35  firm, limited liability company, association and corporation which oper-
    36  ates a traveling summer day camp shall be required, to ascertain whether
    37  an  employee  or  volunteer is listed on the state sex offender registry
    38  pursuant to article six-C of the correction law  and  the  national  sex
    39  offender  registry  using  the national crime information center, estab-
    40  lished under the Adam Walsh child protection and safety act of 2006  (42
    41  U.S.C.  16901  et  seq.)  prior  to  the  day such employee or volunteer
    42  commences work at said camp  and  annually  thereafter  prior  to  their
    43  arrival at said camp.
    44    § 6. This act shall take effect on the one hundred eightieth day after
    45  it  shall have become a law. Effective immediately, the addition, amend-
    46  ment and/or repeal of any rule or regulation necessary for the implemen-
    47  tation of this act on its effective date are authorized to be  made  and
    48  completed on or before such effective date.
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