BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1087
Author: Walters (R)
Amended: 8/22/12
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 FLOOR : 37-0, 5/21/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Correa, Harman, Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not available
SUBJECT : Organized camps
SOURCE : California Collaboration for Youth
California State Alliance of YMCAs
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DIGEST : This bill doubles the hours by which an after
school program operated by a city, county or non-profit may
operate.
Assembly Amendments (1) struck all changes to organized
camps' definitions, regulations, and licensure; and (2)
cleaned up obsolete language resulting from the 8/6/12
amendments.
ANALYSIS :
Existing law:
1. Establishes the After School Education and Safety
Program (ASES) to create incentives for establishing
locally driven before and after school enrichment
programs both during schooldays and summer,
intersession, or vacation days that partner public
schools and communities to provide academic and literacy
support and safe, constructive alternatives for youth.
2. Exempts locally operated and funded after school
programs not affiliated with the ASES program to be
exempt from child care licensure if they operate for no
more than 30 hours per week.
3. Exempts from child care licensure recreation programs
operated by the Girl Scouts, Boy Scouts, Boys Club,
Girls Club, or Camp Fire, or similar organizations as
determined by regulations of the Department of Social
Services (DSS).
4. Establishes the California Child Day Care Facility Act
(CCDCFA) to provide a comprehensive, quality system for
licensing child care facilities to ensure a quality day
care environment and states that good quality child care
services are essential services for working parents.
5. Sets licensing requirements and provides authority to
DSS to develop and adopt regulations to administer the
act, including the authority to set licensing standards
for facilities that provide nonmedical care to children
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under the age of 18.
6. Defines a "day care center" as any child day care
facility other than a family day care home, and includes
infant centers, preschools, extended day care
facilities, and school age child care centers.
7. Requires all employees of child day care centers to
undergo a criminal background check and clearance.
This bill doubles the hours by which an after school
program operated by a city, county or non-profit may
operate. Specifically, this bill:
1. Increases the number of hours a week from 30 to 60 that
an after school program operated by a city, county or
non-profit may operate.
2. Exempts from licensure under the CCDCFA and the
California Community Care Facilities Act any local after
school program administered by a city, county or
non-profit that operates for no more than 60 hours a
week.
3. Prohibits a pupil from attending a locally operated ASES
program for more than 30 hours a week.
4. Restricts a locally operated ASES program from receiving
additional funding pursuant to this subdivision.
Comments
This bill is a reintroduction of SB 737 (Walters, 2011),
which was vetoed by the Governor. Here is the Governor's
veto 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."
Need for this bill . According to the author, "SB 1087 is a
re-introduction of SB 737 which passed last year, but was
vetoed by the Governor based on some concerns raised by the
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Department of Public Health and the Department of Social
Services, which we have addressed in this bill. This bill
allows ASES programs operated by city, county or nonprofit
organizations to operate up to 60 hours per week instead of
the current 30 hours. The 30 hour limitation makes it
difficult to serve students who attend kindergarten and
typically attend school for half days, and for students who
have parents with non-traditional work schedules."
ASES program . The ASES program was established by
Proposition 39 in 2002 to school districts with grant based
funding for after school programs in three-year terms.
This proposition amended California Education Code (EC)
Sections 8482-8482.55 to expand and rename the former
Before and After School Learning and Safe Neighborhood
Partnerships Program (ASLSNP) Program as the ASES program.
According to the California Department of Education (CDE),
ASES programs are created through partnerships between
schools and communities to provide literacy support,
academic enrichment, and safe, constructive alternatives
for students in K-9. Funding is designed to provide
elementary and middle schools that submit applications to
establish before and after school programs with a
three-year grant. According to the CDE, by definition, an
ASES program is one that receives ASES grant funding.
Under existing law, ASES programs are exempt from child
care licensure because they are associated and located on
local school campus. This exemption allows locally
operated and funded ASES programs to operate for a
reasonable number of hours before and after the school day
without having to pursue a child care license. This can be
seen in the legislative history of EC Section 8484.3, which
provides for this specific licensure exemption.
EC Section 8484.3 was initially established by SB 1756
(Lockyer), Chapter 320, Statutes of 1998, that created the
initial ASLSNP Program. Under the bill locally operated
ASES programs were exempted from licensure if they operated
for no more than 20 hours a week. Three years later, the
state adopted AB 6 (Cardenas), Chapter 545, Statutes of
2001, increasing the allowable hours of operation to 30.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Assembly Appropriations Committee, costs
associated with this legislation should be minor and
absorbable within existing resources.
SUPPORT : (Verified 8/29/12)
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 : According to the co-sponsors of
this bill, the YMCA and the California Collaboration for
Youth (CCY), "the current 30 hour limitation makes it
difficult to serve students who attend kindergarten and
typically attend school for half days, and for students who
have parents with non-traditional work schedules." In
order to balance the operational need of ASES programs with
state health and safety concerns, this bill restricts any
one pupil from attending an ASES program for more than 30
hours, but allows the program to operate for up to 60 hours
a week. However, by doubling the number of hours an ASES
program may operate, it may create ambiguity as to whether
it is providing ASES services or child care services.
PQ:k 8/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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