BILL NUMBER: SB 1087 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JUNE 7, 2012
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 Section 1596.793 and
18897 of , and to add 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
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 , provided that an
individual pupil cannot be in care in attend
the program for more than 30 hours per week.
(3) Existing
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 to
organized resident and day camps or similar organizations .
(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 provide written verification of that camp's
accreditation or to develop an operating plan. The bill would set
forth the approval process of operating plans and would authorize the
local health department to inspect a camp that provides verification
or applies for plan approval.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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
, provided that a pupil shall not be allowed to attend
the ASES program for more than 30 hours per week. An ASES
program shall not receive any additional funding pursuant to this
subdivision.
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. However, child day care programs conducted by these
organizations and the fees charged for those purposes shall be
subject to the requirements of this chapter, Chapter 3.5 (commencing
with Section 1596.90) and Chapter 3.6 (commencing with Section
1597.30).
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 American Camp Association, 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. Groups that lease an organized resident camp for the
purpose of conducting a camp session shall comply with all legal
requirements applicable to an organized resident camp.
(2) "Organized day camp" means a site or program serving schoolage
children up to 17 years of age, inclusive, which operates seasonally
during times when school is not regularly in session. Organized day
camp sites shall be subject to the applicable requirements of
Sections 30700 to 30741, inclusive, of Subchapter 6 of Title 17 of
the California Code of Regulations. An organized day camp focuses on
group-based recreation and expanded learning opportunities with
social, spiritual, educational, or recreational objectives. An
organized day camp may provide for up to three overnight stays and
may transport campers to parks, beaches, campsites, and other
excursion locations for activities. If an overnight stay is included,
provisions for food handling and storage, hand washing, and
restrooms shall be made as required by Sections 30700 to 30741,
inclusive, of Subchapter 6 of Title 17 of the California Code of
Regulations. An organized day camp shall have a qualified program
director present who has at least two seasons of administrative or
supervisory experience at an organized resident camp, organized day
camp, or youth program and a staff adequate to carry out the program.
An organized resident 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.
(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 Education.
(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.
(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 facility or home-finding agency.
(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.
(e) Organized resident camps or organized day camps operated by
cities or counties shall meet the provisions of this chapter.
SEC. 4. Section 18897.8 is added to the Health
and Safety Code, to read:
18897.8. (a) (1) An organized resident camp or day camp shall
provide written verification that the camp is accredited by the
American Camp Association (ACA) or 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 verification of ACA accreditation or the approved
operating plan within 30 days. A copy of the local health department'
s acknowledgment of accreditation or plan approval acknowledgment
letter shall be posted in a conspicuous location, on camp premises,
and on any available Internet Web site associated with the camp.
(2) If the local health department does not respond within the
time frame specified in paragraph (1), the accreditation document or
operating plan shall be deemed to be approved. The department may
inspect a camp that provides proof of accreditation or applies for
operating plan approval and charge a fee for that purpose, not to
exceed the actual cost of the visit. There shall be no charge for
camp accreditation acknowledgment.
(3) The department may charge a fee for the approval of an
operating plan, which shall not exceed the actual cost of plan
review. A camp that has been denied approval shall have the right to
appeal that decision to the local health department.
(b) (1) If an organized resident camp or organized 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, a provision that oversight of activities is
provided by camp staff, 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.