BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1087|
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THIRD READING
Bill No: SB 1087
Author: Walters (R)
Amended: 4/30/12
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 3/28/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE HEALTH COMMITTEE : 9-0, 4/25/12
AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, De
León, DeSaulnier, Rubio, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Organized camps
SOURCE : California Collaboration for Youth
California State Alliance of YMCAs
DIGEST : This bill 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.
ANALYSIS : Existing law:
1. Defines "organized camp" as a site with programs and
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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 Department of Public Health
(DPH) 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 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
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that organized day camps may provide overnight stays,
and may transport campers to off-site locations for
activities. Requires a qualified program director who
preferably has at least two seasons of administrative or
supervisory experience at an organized day camp, be
present at the organized day 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, as specified.
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 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 camps or organized day camps
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operated by cities or counties to meet these provisions.
8. Requires DPH make reasonable efforts to obtain the input
and advice of organizations in the field of organized
day camps when amending rules and regulations pertaining
to organized day 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.
Comments
Author's statement . According to the author's office, the
purpose of this 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. This bill is a re-introduction of SB 737
(Walters, 2011) which passed the Senate with a 40 - 0 floor
vote in 2011. This bill also includes the YMCA in the list
of organizations whose recreation programs are exempt from
licensure. The author's office 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.
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's office asserted that
organized day camps are being treated in some counties
similarly to the way the statute treats organized camps
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(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.
Prior legislation . SB 737 is substantially similar to this
bill. The bill 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/15/12)
California Collaboration for Youth (co-source)
California State Alliance of YMCAs (co-source)
AbilityFirst
Camp Ocean Pines
Camp Summertime
Rawhide Ranch
Walton's Grizzly Lodge Summer Camp
ARGUMENTS IN 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.
PQ:kc 5/15/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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