BILL NUMBER: SB 443 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator Walters
FEBRUARY 21, 2013
An act to amend Section 18897 of, and to add Sections 18897.8 and
18897.9 to, the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 443, as amended, Walters. Organized camps.
Existing law requires the Director of Public Health
State Public Health Officer 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.
Existing law establishes minimum standards for the operation,
regulation, and enforcement of organized camps, as defined.
The
This bill would include "organized resident camp," as
defined, and "organized day camp," as defined, within the definition
of the term "organized camp." The bill would require an "organized
resident camp" and an "organized day camp" to provide written
verification that the camp is accredited by the American Camp
Association or the Boy Scouts of America or develop a written
operating plan and file the plan with the local health officer at
least 30 days prior to operation of the camp, would require
submissions of an operating plan to the local public
health officer, would authorize the local health officer to assess
related fees, and would require camps operated by a city or a county,
or a city and county, to comply with applicable provisions. The
bill would exempt a public recreation program, as defined, from
organized camp regulations. By imposing these
additional requirements upon local public health officers
and cities and counties, this bill would impose a state-mandated
local program.
This bill would require an organized day camp to have adequate
staff to carry out the program, including, but not limited to,
compliance with specified staff training and supervision regulations
and a qualified program director present at all times during
operation of the camp. The bill would exempt an organized day camp
from certain construction and other standards generally applicable to
organized resident camps.
This bill would require the department, in amending the rules and
regulations pertaining to organized camps, to obtain the input and
advice of prescribed organizations.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18897 of the Health and Safety Code is amended
to read:
18897. (a) "Organized camp" means an organized resident camp or
an organized day camp.
(b) (1) "Organized resident camp" means a site or sites
with programs and facilities established for the primary purposes of
providing an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for at least four
consecutive overnight stays during one or more seasons of the year.
(2) "Organized resident camp" includes, but is not limited to, a
camp accredited or operated by the American Camp Association, the
YMCA, the Girl Scouts of the USA, the Boy Scouts of America, the Camp
Fire USA, the Boys and Girls Clubs of America, the Salvation Army,
and the Christian Camp and Conference Association.
(c) (1) "Organized day camp" means a program, which may or may not
have a fixed site, that is established for the primary purpose of
providing outdoor group living experiences for
children through 17 years of age, and that operates seasonally during
times when school is not regularly in session. An organized day camp
provides group-based recreation and expanded learning opportunities
with social, spiritual, educational, or recreational objectives. An
organized day camp may transport campers to parks, beaches,
campsites, and other excursion locations for activities. An organized
day camp may provide for up to three consecutive overnight stays.
An organized day camp shall register with the local health
department 30 days prior to operation. A travel camp without a fixed
camp site shall register with the local public health department in
which its business office is located. An organized day camp shall
have a first aid-certified staff member when a health supervisor is
not available. An organized day camp may utilize a health
supervisor who either is onsite daily or available by telephone to
satisfy the requirements set forth in regulation.
(2) An organized day camp includes, but is not limited to, a camp
that is a member of the American Camp Association (ACA) ,
the Association for Environmental and Outdoor Education, the
Christian Camp and Conference Association, the Western Association of
Independent Camps, the Boy Scouts of America, the YMCA, and other
similar camping associations.
(d) The terms "organized resident camp" or "organized day camp" do
not include sites or programs that are used by couples or groups for
counseling, religious retreats, reunions, conferences, and special
events, on an intermittent short-term basis of less than four
consecutive overnight stays. A resident camp shall meet the
organized camp requirements if it is leased to conduct a traditional
camp program. A group that leases an organized re sident
camp for the purpose of conducting a camp session shall comply with
all legal requirements applicable to the camp program.
(e) The terms "organized resident camp" and "organized day camp"
do not include a hotel, motel, tourist camp, trailer park, resort,
hunting camp, auto court, or other program or facility subject to
occupancy taxes, and do not include licensed child care facilities
or , home-finding agencies ,
noncamp educational programs operated by museum s
, or day programs offered by cities, counties, or special
districts .
SEC. 2. Section 18897.8 is added to the Health and Safety Code,
immediately following Section 18897.7, to read:
18897.8. (a) An organized resident camp or organized day camp
shall provide written verification that the camp is
accredited by the American Camp Association (ACA) or the Boy Scouts
of America (BSA) or shall develop a written operating plan and file
the plan with the local health officer at least 30 days prior to
operation of the camp. The local health officer shall, within 30
days, acknowledge receipt of the verification of the accreditation or
the operating plan. A charge shall not be imposed for any camp
accreditation acknowledgment. The local health officer may charge a
fee for the review of an operating plan, that shall not exceed the
actual cost of plan review. the local public health
officer or his or her designee with a copy of its written operating
plan that describes the program of organized and supervised
activities of the camp as specified in regulation, a copy of its Boy
Scout accreditation operating plan, or written verification that the
camp is accredited by the American Camp Association (ACA). The
organized resident camp or organized day camp shall file the plan or
proof of accreditation with the local public health officer or his or
her designee at least 30 days prior to operation of the camp. Within
30 days, the local public health officer or his or her designee
shall acknowledge the receipt of the verification of the
accreditation or the determination upon review and approval or denial
of the operating plan. The local public health officer
may charge a fee for the review of an operating plan or for recording
the acknowledgment of accreditation that shall not exceed the actual
cost of plan review or recording of acknowledgment of
accreditation.
(1) Upon receipt of the local public health officer's
acknowledgment determination , a camp
shall post a copy of the acknowledgment
determination in a conspicuous location on the camp premises,
and on the camp's Internet Web site. A camp operation plan or
proof of accreditation is deemed approved if a camp has not received
acknowledgment from the local public health department within 30
days.
(2) The local public health officer or his or her designee
may investigate complaints or inspect a camp and
charge a fee for that purpose, not to exceed the actual cost of the
visit. A summary and explanation of charges
violations shall be given to the camp following the camp visit.
If an inspection is not made, charges shall not be imposed on the
camp other than for reviewing an operating plan, if
applicable. camp.
(3) A camp that has been cited for failing to meet legal
requirements may appeal that citation to the local health department.
(b) If an organized resident camp or organized day camp constructs
or operates educational facilities and programs that include ropes
courses, challenge courses, climbing walls, repelling towers, zip
lines, canopy tours, or other similar adventure challenges, the camp'
s written operating plan shall include all of the following:
(1) A provision ensuring that campers are kept separated from
individuals who use these facilities on a day-use basis.
(2) A provision ensuring that oversight of activities is provided
by camp staff.
(3) A provision that ensures that the construction and operating
standards of those facilities and programs are in compliance with the
standards established by the Director of Public Health
State Public Health Officer pursuant to this
part, or are in compliance with standards adopted by one or more of
the following if the Director of Public Health
State Public Health Officer determines that the following
standards are substantially similar to the standards developed by the
director State Public Health Officer
under this part:
(A) The American Camp Association.
(B) The Association of Challenge Course Technology.
(C) Project COPE.
(D) An equivalent certification program.
(4) A written operating plan prepared pursuant to this subdivision
shall be filed with the local public health officer
or his or her designee at least 30 days prior to construction,
and shall also be filed annually thereafter. A camp shall
submit its plans and any associated fees to the local health officer
by certified mail.
(c) An organized day camp shall have adequate staff to carry out
the program, including, but not limited to, a qualified program
director who has at least two seasons of administrative or
supervisory experience at an organized day camp or at a youth
program. The program director shall be present at all times during
operation of the organized day camp. Additionally, an organized day
camp and an organized residential camp shall meet the requirements of
Section 30751 of Title 17 of the California Code of Regulations.
(d) An organized resident camp or an organized day camp operated
by a city or a county, or a city and county, shall comply with the
relevant provisions of this part.
(e) A public recreation program is exempt from organized camp
regulations. For purposes of this section, "public recreation program"
means a program operated by the state, city, county, special
district, school district, community college district, chartered
city, or chartered city and county that meets any of the following
criteria:
(1) (A) The program is operated only during hours other than the
normal school hours for kindergarten and grades 1 to 12, inclusive,
in the public school district where the program is located or
operated only during periods when pupils in kindergarten and grades 1
to 12, inclusive, are normally not in session in the public school
district where the program is located, for either of the following
periods:
(i) For fewer than 16 hours per week.
(ii) For a total of 12 cumulative weeks or less during a 12-month
period.
(B) In determining "normal school hours" or periods when pupils
are "normally not in session," the State Department of Social
Services, where appropriate, shall consider the normal school hours
or periods when pupils are normally not in session for pupils
attending a year-round school.
(2) The program is provided to children who are over four years
and nine months of age and not yet enrolled in school, and the
program is operated during either of the following periods:
(A) For fewer than 16 hours per week.
(B) For a total of 12 cumulative weeks or less during a 12-month
period.
(3) The program is provided to children under four years and nine
months of age with sessions that run 12 hours per week or less and
are 12 weeks or less in duration. A program subject to this paragraph
may permit children to be enrolled in consecutive sessions
throughout the year. However, the program shall not permit children
to be enrolled in a combination of sessions that total more than 12
hours per week for each child.
(e)
(f) Except as set forth in this section, and Sections
18897 and 18897.9, the construction and other standards set forth in
this part are not applicable to an organized day camp.
SEC. 3. Section 18897.9 is added to the Health and Safety Code,
immediately following Section 18897.8, to read:
18897.9. The State Department of Public Health, in adopting or
amending the rules and regulations pertaining to organized resident
camps and organized day camps under this part, 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.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.