BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 1087 AUTHOR: Walters AMENDED: April 10, 2012 HEARING DATE: April 25, 2012 CONSULTANT: Orr SUBJECT : Organized camps. SUMMARY : Revises statutes and definitions related to the licensing and regulation of "organized camps" and expands the hours that the Afterschool Education and Safety Program (ASES) can operate without obtaining a license, from 30 to 60 hours per week, as specified. Existing law: 1.Defines "organized camp" as a site with programs and facilities established for the primary purpose of providing an outdoor living experience for five days or more. 2.Exempts from child care licensure recreation programs operated by Girl Scouts, Boy Scouts, Boys and Girls Clubs, Camp Fire, or similar organizations, as determined by regulations of the department; child care programs conducted by these organizations remain subject to licensure. 3.Requires the Director of the California Department of Public Health (CDPH) to establish minimum standards regulating the operations of organized camps that are necessary to protect the health and safety of the campers. 4.Exempts organizations participating in ASES from child care licensure if they operate no more than 30 hours per week. Existing regulations: Establish general requirements for safety and staff supervision at organized camps, including requiring a criminal history record check for camp directors and camp counselors and require camps to submit written operating procedures and accreditation verification to local health officers. This bill: 1.Changes the term "organized camp" to "organized resident camp" and modifies the definition to mean a site with programs Continued--- SB 1087 | Page 2 providing an outdoor group living experience for five consecutive days or more during one or more seasons of the year. Specifies that an overnight stay is not required to meet this definition and that short duration programs, such as conferences or retreats, held on organized campsites that are less than five days are not required to meet the provisions in existing statute, but are required to comply with the general and safety supervision requirements in regulations. 2.Defines the term "organized day camp" as a site serving school-age children up to 17 years of age, operating seasonally when school is not in session. Stipulates that organized day camps typically do not provide overnight stays, and instead often transport campers to off-site locations for activities. Requires a qualified program director to have two seasons of administrative or supervisory experience at an organized camp, be present at the camp, and have staff adequate to carry out the program. Requires organized day camps to use the same counselor-to-camper ratios used by organized resident camps. 3.Requires an organized resident camp or organized day camp to develop a written operating plan and to file the plan with the local health department, as specified. Requires the health officer to acknowledge the plan within 30 days of its receipt. Requires the written plan and acknowledgement to be posted in a conspicuous location on camp premises and on any available website associated with the camp. 4.Requires organized resident camps or organized day camps that construct or operate educational facilities or programs including ropes courses, challenge courses, climbing walls or similar adventure challenges to meet specified construction and operating standards, establish provisions keeping campers separate from day-use patrons, and include this information in the written operating plan, with specified filing instructions. 5.Provides a list of specific organizations whose camps shall be considered prototypes of an organized resident camp. Provides that membership in specific organizations indicate that a camp meets the requirements of an organized resident camp or organized day camp. 6.Requires that a qualified program director, as specified, be present at the organized day camp. Requires employees of SB 1087 | Page 3 organized day camps to have background checks in accordance with existing regulations. Requires organized day camps to use the same counselor-to-camper ratio as organized camps. 7.Requires organized resident or day camps operated by cities or counties to meet these provisions. 8.Requires CDPH to obtain the input and advice of organizations in the field of organized camps when amending rules and regulations pertaining to organized camps. 9.Adds recreation programs operated by the YMCA to the list of programs exempt from child care licensure. 10.Increases the hours per week that an ASES program may operate from 30 to 60 hours. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1.Author's statement. According to the author, the purpose of the bill is to acknowledge in statute the requirements for operating a day camp and set standards for the construction and operation of challenge and rope courses. SB 1087 is a re-introduction of SB 737 (Walters) which passed the Senate with a 40 - 0 floor vote in 2011. This bill would also include the YMCA in the list of organizations whose recreation programs are exempt from licensure. The author reports that the list of recreation program providers exempt from child care licensure requirements does not currently include the YMCA, which means the YMCA's recreation programs do not always receive an exemption from licensure while other similar organizations like Boys and Girls Clubs do. 2.Day camps. While similar in purpose, the difference between resident camp programs and day camp programs appears to be primarily one of siting. Organized camps are fixed sites that provide activities in a permanent location for five days or more. In contrast, organized day camps are generally for less than one whole day, and typically do not provide overnight stays. They frequently transport campers to off-site activities, such as beaches, parks, and campsites. In arguing for SB 737, the author asserted that organized day camps are being treated in some counties similarly to the way SB 1087 | Page 4 the statute treats organized camps (overnight programs), while in other counties, health officers are not applying health and safety rules to organized day camps that are being applied to organized camps. This bill, which is substantially similar to SB 737, intends to define organized day camps in statute and redefine organized camps as resident camps, clarify distinctions between organized day camps and organized resident camps, and require that organized day camps be regulated in the same way that organized resident camps are regulated. 3.Double referral. This bill was heard in the Senate Education Committee on March 28, 2012, and passed with a 9-0 vote. 4.Prior legislation. SB 737 (Walters, 2011) is substantially similar to this bill. SB 737 was vetoed with the message: "I agree with the author's intent to clarify and simply the regulation of organized camps, but this measure does not achieve this goal. I am directing the Department of Public Health and Department of Social Services to work with the author and interested advocates to resolve this issue in the coming year." 5.Support. Supporters claim this bill provides clarification and definition for programs that serve the children of our state. This bill defines an "organized day camp," specifies appropriate oversight and approval for ropes and challenge courses operated by organized camps, and requires camps to provide written operating plans to their local health departments. 6.Policy Comments. a. Previous veto. According to the author, SB 737 was vetoed by the Governor based on some late concerns expressed by CDPH and the Department of Social Services. The Governor indicated that the two departments should work with the sponsors and the author to resolve those concerns. The author claims to have coordinated meetings with these two agencies, and now believes the concerns addressed by the two departments have been adequately addressed. b. After school program provisions. In addition to provisions regarding organized camps, this bill also makes changes to the hours per week that an after-school program may operate. These provisions are within the jurisdiction of the Education Committee and are not addressed in the SB 1087 | Page 5 comments section of this analysis. There is no link between the organized camps provisions and the after-school program provisions both contained in this bill. 7.Technical and clarifying amendments. Staff suggests several technical and clarifying amendments to codify an uncodified section of the bill, clarifying the distinctions between organized resident and day camps, and to reorganize some of the paragraphs. SUPPORT AND OPPOSITION : Support: AbilityFirst California Collaboration for Youth California State Alliance of YMCAs Camp Ocean Pines Camp Summertime Rawhide Ranch Walton's Grizzly Lodge Summer Camp Oppose: None received. -- END --