BILL NUMBER: SB 1087 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2012
AMENDED IN SENATE APRIL 10, 2012
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
Sections 18897.8 and 18897.9 to, the
Health and Safety Code, relating to organized camps.
LEGISLATIVE COUNSEL'S DIGEST
SB 1087, as amended, 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 make reasonable
efforts 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 pupil 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 1. 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, 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 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 pupil shall not attend an ASES program for
more than 30 hours per week. An ASES program shall not receive any
additional funding pursuant to this subdivision.
SEC. 3. SEC. 2. 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 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. SEC. 3. Section 18897 of the
Health and Safety Code is amended to read:
18897. (a) (1) "Organized resident camp" means a site with
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 campsites 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 may
provide for overnight stays and frequently transports
may transport campers to parks, beaches,
campsites, and other excursion locations for activities. A
An organized day camp shall have a qualified
program director present who preferably has at least two
seasons of administrative or supervisory experience at an organized
resident camp or organized day camp and a staff
adequate to carry out the program shall be present at the
organized day camp . A An organized
day camp shall use the same counselor-to-camper ratio as that
required of an organized camp , as specified in subdivision (b)
of Section 30751 of Title 17 of the California Code of Regulations
. 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) 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.
(b)
(c) The terms "organized resident camp" 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
do not include a licensed child care institution or home-finding
agency.
(c)
(d) 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)
(e) Organized resident camps or organized day camps
operated by cities or counties shall meet the provisions of this
chapter.
SEC. 5. SEC. 4. 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.
SEC. 5. Section 18897.9 is added to the
Health and Safety Code , to read:
18897.9. 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
make reasonable efforts to 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.