Broadens definition of summer day camp

BILL NUMBER:A6772A

Title of bill

An act to amend the public health law, in relation to the definition of summer day camp and fees relating thereto

Purpose or general idea of bill

The purpose of this bill is to amend the public health law to clarify the definition of summer day camps.

Summary of specific provisions

Section 1 of this act amends subdivision 2 of section 1392 of the public health law, as added by chapter 515 of the laws of 2000, to define summer day camps to include indoor and outdoor programs involving nonpassive recreational activities with significant risk of injury, as such activities are defined by the health department in rules and regulations.

Section 2 amends subdivision 4 of section 1393 of the public health law, as added by chapter 515 of the laws of 2000, to increase the permit fee from one hundred to two hundred dollars.

Section 3 provides the effective date.

Justification

Public health law currently excludes from regulation a summer day camp whose activities are primarily indoors. Camps have sought to avoid regulation by structuring their programming so that more than half of their activities are conducted indoors, regardless of the kind of activities. The potential life, health and safety hazards presented by camp activities where there is a significant risk of injury, however, are the same whether they are held indoors or outdoors. Those activities with a significant risk of injury should be subject to regulation by the health department and the camps offering such activities held to the law's safety and sanitary standards.

In 2007, the state health department conducted a survey of local health departments (LHDs). Of the 42 LHDs that responded, 23 reported that the existing law has created issues that included difficulty in evaluating programs based on the current definition in the law. LHDs reported that, in addition to camps that attempted to avoid regulation by conducting more than half of their activities indoors, certain camps wanted to be regulated in order to receive funding from state agencies. LHDs also reported a perception of inequity on the part of operators of camps that are subject to regulation whereas other camps offering similar programming but indoors were not subject to regulation. This legislation will not only provide needed clarity for both LHDs and camps, but also will better ensure the safety and welfare of the children attending camps where requiring the additional safeguards afforded by regulation is appropriate.

Current law also imposes an arbitrary ceiling of $100.00 on the fee for summer day camp permits. This ceiling has not changed for decades. This bill increases the fee to better reflect the costs associated with the vital permitting process.

Prior legislative history

Similar to A.10996-A, 2008 referred to health. Same as S.8386-A, 2008 passed Senate.

Fiscal implications

Health departments will receive additional permit fees to offset the costs of inspections.

Effective date

This act shall take effect April 1, 2011.