BILL NUMBER: SB 1087 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Walters
FEBRUARY 15, 2012
An act to amend Section 8484.3 of the Education Code, and to amend
Sections 1596.793 and 18897 of, and to add Section 18897.8 to, the
Health and Safety Code, relating to organized camps.
LEGISLATIVE COUNSEL'S DIGEST
SB 1087, as introduced, Walters. Organized camps.
(1) Existing law requires the Director of the State Department of
Public Health to establish rules and regulations establishing minimum
standards for organized camps and regulating the operation of
organized camps that the director determines are necessary to protect
the health and safety of the campers.
This bill would require the department, in amending the rules and
regulations pertaining to organized camps, to obtain the input and
advice of organizations in the field.
(2) Existing law permits a participating program operated by a
city, county, or nonprofit organization in the After School Learning
and Safe Neighborhoods Partnership Program to operate for up to 30
hours per week without obtaining a license or special permit
otherwise required under existing law.
The bill would increase the authorization to 60 hours per week and
provide that an individual child cannot be in care in the program
for more than 30 hours per week.
(3) Existing law regulates the licensure and administration of
day care centers and family day care centers and exempts specified
recreation programs conducted for children from these regulations.
The bill would expand the scope of this exemption.
(4) Existing law establishes minimum standards for the operation,
regulation, and enforcement of organized camps, as defined.
The bill would recast the term "organized camp" as "organized
resident camp" and define that term. The bill would define the term
"organized day camp" and require an organized resident camp and
organized day camp to develop an operating plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The State Department of Public Health, in amending the
rules and regulations pertaining to organized resident camps and
organized day camps as set forth in Sections 30700 to 30753,
inclusive, of Title 17 of the California Code of Regulations, shall
obtain the input and advice of organizations in the field. All costs
incurred by the participating organizations shall be borne by the
organizations themselves. The department shall implement this section
in the most cost-effective manner deemed feasible.
SEC. 2. Section 8484.3 of the Education Code is amended to read:
8484.3. (a) Programs established pursuant to this article shall
not be required to comply with the requirements of other provisions
of this chapter or requirements set forth in Chapter 19 of Division 1
of Title 5 of the California Code of Regulations.
(b) Notwithstanding any other provision of law or regulation,
a program an After School Education and
Safety Program (ASES) operated by a city, county, or nonprofit
organization pursuant to this article may operate for up to
30 60 hours per week without obtaining a license
or special permit under Chapter 3.4 (commencing with Section
1596.70) or Chapter 3.5 (commencing with Section 1596.90) of Division
2 of the Health and Safety Code. A child shall not be in care
in the program for more than 30 hours per week.
SEC. 3. Section 1596.793 of the Health and Safety Code is amended
to read:
1596.793. This chapter and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with Section 1597.30) do not apply to
recreation programs conducted for children by the Girl
Scouts, Boy Scouts, Boys Club, Girls Club, or Camp Fire, or similar
organizations as determined by regulations of the department. Child
day care programs conducted by these organizations and the fees
charged for that specific purpose are subject to the requirements of
this chapter, Chapter 3.5 (commencing with Section 1596.90), and
Chapter 3.6 (commencing with Section 1597.30). YMCA,
Girl Scouts of the USA, Boy Scouts of America, Boys and
Girls Clubs, Camp Fire USA, organized resident camps, organized day
camps, or similar organizations.
SEC. 4. Section 18897 of the Health and Safety Code is amended to
read:
18897. (a) (1) "Organized resident
camp" means a site with program
programs and facilities established for the primary purposes of
providing an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for five consecutive
days or more during one or more seasons of the year. An
overnight stay is not required to meet this definition. Programs,
retreats, conferences, and events held on organized resident camp
sites that are less than five consecutive days in duration shall not
be required to meet the provisions of this section, but shall comply
with subdivision (a) of Section 30751 of Title 17 of the California
Code of Regulations. Camps accredited or operated by organizations
including, but not limited to, the YMCA, Girl Scouts of the
USA, Boy Scouts of America, Camp Fire USA, Boys and Girls
Clubs, Salvation Army, and Christian Camp and Conference Association
camps, shall be considered prototypes of an organized resident camp.
(2) "Organized day camp" means a site serving schoolage children
up to 17 years of age, inclusive, which operates seasonally during
times when school is not regularly in session. An organized day camp
focuses on group-based recreation and expanded learning opportunities
with social, spiritual, educational, or recreational objectives. An
organized day camp does not typically provide for overnight stays and
frequently transports campers to parks, beaches, campsites, and
other excursion locations for activities. A qualified program
director who preferably has at least two seasons of administrative or
supervisory experience at an organized camp and a staff adequate to
carry out the program shall be present at the organized day camp. A
day camp shall use the same counselor-to-camper ratio as that
required of an organized camp. Each employee of an organized day camp
shall have a criminal record check as specified in subdivision (a)
of Section 30751 of Title 17 of the California Code of Regulations.
(3) Membership in any of the following organizations shall also be
indicative of status as an "organized resident camp" or "organized
day camp" for purposes of this section:
(A) The American Camp Association.
(B) The Association for Environmental and Outdoor Recreation.
(C) Christian Camp and Conference Association.
(D) Western Association of Independent Camps.
(E) The Boy Scouts of America.
(F) The YMCA.
(G) Other similar camping associations.
(b) The term terms "organized
resident camp" does and "organized day
camp" do not include a motel, tourist camp, trailer park,
resort, hunting camp, auto court, labor camp, penal or correctional
camp and does do not include a
licensed child care institution or home-finding agency.
(c) The term "organized resident camp" or
"organized day camp" also does not include any charitable or
recreational organization that complies with the rules and
regulations for recreational trailer parks.
(d) Organized resident camps or organized day camps operated by
cities or counties shall meet the provisions of this chapter.
SEC. 5. Section 18897.8 is added to the Health and Safety Code, to
read:
18897.8. (a) An organized resident camp or day camp shall develop
a written operating plan and file the plan with the local health
department at least 30 days prior to operation. The local health
department shall acknowledge receipt of the operating plan within 30
days. The acknowledged plan shall be posted, with the accompanying
acknowledgment letter, in a conspicuous location, on camp premises,
and on any available Internet Web site associated with the camp.
(b) (1) If an organized resident camp or day camp also constructs
or operates educational facilities and programs, which include, but
are not limited to, ropes courses, challenge courses, climbing walls,
rappelling towers, zip lines, canopy tours, or other similar
adventure challenges, the camp shall include in the written operating
plan prepared pursuant to subdivision (a) a provision keeping
campers separated from individuals who use these facilities on a
day-use basis, and also provisions that meet the construction and
operating standards of one or more of the following:
(A) The American Camp Association.
(B) The Association of Challenge Course Technology.
(C) Project COPE standards.
(D) An equivalent certification program.
(2) A written operating plan prepared pursuant to this subdivision
shall be filed with the local health department at least 30 days
prior to construction, and shall also be filed annually thereafter.
Camps shall submit their plans and any associated fees to the local
health department by certified mail.