BILL NUMBER: SB 443 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2014
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator Walters
FEBRUARY 21, 2013
An act to amend Section Sections 1596.793
and 18897 of, and to add Sections 18897.8 and 18897.9
to, to add Section 18897.8 to, and to repeal and add
Section 18897.1 of, the Health and Safety Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 443, as amended, Walters. Organized camps.
Existing law requires the 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.
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 recast those provisions and
instead define an "organized camp," an "organized resident camp,"
and an "organized day camp," as specified. The bill would require
an "organized day camp" organized camp
to provide register annually with the
local public health officer, and provide the local public health
officer with its written operating plan, or 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 at least 60 days prior to
operation of the camp, would require submissions of an
operating plan to the local public health officer,
camp. The bill would provide that failure to comply with these
provisions is a misdemeanor. The bill 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 fees .
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. prohibit an
organized camp from employing or accepting the volunteer services of
any person unless he or she has had a fingerprint-based criminal
offender record information background check, as specified. The bill
would provide that failure to comply with these provisions is a
misdemeanor.
Because this bill would impose additional requirements upon local
public health officers and cities and counties, and because the bill
would create new crimes, it would impose a state-mandated local
program.
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:
SE CTION 1. 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 camps, or similar organizations.
organized camps established pursuant to Part 2.4 (commencing with
Section 18897) of Division 13. 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).
SECTION 1. SEC. 2. 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. camp that operates
seasonally to provides group-based recreation and expanded learning
opportunities with social, spiritual, educational, or recreational
programs and services on a seasonal basis.
(1) A group that leases an organized camp for the purpose of
conducting a camp for children under 18 years of age shall comply
with this part.
(2) An "organized camp" does not include any of the following:
(A) A hotel, motel, tourist camp, trailer park, resort, hunting
camp, auto court, labor camp, penal or correctional camp, or other
program or facility subject to occupancy taxes, home-finding
agencies, or a licensed child day care facility as defined in Section
1596.750.
(B) A charitable or recreational organization that complies with
the rules and regulations for recreational trailer parks.
(C) Sites or programs that are used by adults or groups for
counseling, religious retreats, reunions, conferences, and special
events on an intermittent, short-term basis of less than four
consecutive overnight stays.
(3) Programs offered by cities, counties, or special districts
that comply with subdivision (c) of Section 18897.1.
(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
group living experiences and that provides overnight stays
during one or more seasons of the year. year,
excluding field trips as provided for under subparagraph (B) of
paragraph (2) of subdivision (c).
(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, program that is
established for the primary purpose of providing outdoor
group 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 under 18 years of age during the
day between the hours of 6 a.m. and 8 p.m.
(2) An organized day camp may do all of
the following:
(A) Transport campers to parks,
beaches, campsites, and other excursion locations
for activities. An organized day camp may provide
(B) Provide for up to
offsite field trips for no more than 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. days. Any organized day camp that provides
offsite field trips for more than two consecutive nights shall be
considered an organized resident camp.
(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 resident 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,
home-finding agencies, noncamp educational programs operated by
museums, or day programs offered by cities, counties, or special
districts.
(d) "Camper" means any person in an organized camp on a fee or
nonfee basis who is a participant in the regular program and training
of an organized camp, and who may take on duties relating to that
program and training.
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 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
determination, a camp shall post a copy of the 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 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.
(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 State Public Health Officer pursuant to
this part, or are in compliance with standards adopted by one or
more of the following if the State Public Health Officer determines
that the following standards are substantially similar to the
standards developed by the 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.
(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.
(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. 3. Section 18897.1 of the Health
and Safety Code is repealed.
18897.1. "Camper" means any person in an organized camp on a fee
or nonfee basis who is a participant in the regular program and
training of an organized camp, and who may take on duties relating to
such program and training.
SEC. 4. Section 18897.1 is added to the
Health and Safety Code , to read:
18897.1. (a) An organized camp shall register annually with the
local public health officer or his or her designee prior to
operation. An organized camp without a fixed location shall register
with the local public health department as an organized camp in the
county in which its business office is located.
(b) (1) An organized camp shall provide the local public health
officer or his or her designee with a copy of its written operating
plan or a written verification that the organized camp is accredited
by the American Camp Association (ACA) and that describes the program
of organized and supervised activities of the camp as specified in
regulation.
(A) An organized camp shall file its operating plan with the local
public health officer or his or her designee at least 60 days prior
to operation of the camp.
(B) Within 45 days, the local public health officer or his or her
designee shall review and acknowledge receipt of the operating plan.
(C) The local public health officer may charge a fee for the
review of an operating plan that shall not exceed the actual cost of
plan review. Upon receipt of the local public health officer's
determination, a camp shall post a copy of the certification in a
conspicuous location on the camp premises, and on the camp's Internet
Web site, if applicable.
(D) A camp operation plan is deemed approved if a camp has not
received approval from the local public health department within 60
days.
(2) Complaints may be filed with the local public health officer
or his or her designee and may be made either orally or in writing to
the local public health officer. Unless the local public health
officer determines that the complaint is willfully intended to harass
an organized camp or is without any reasonable basis, the local
public health officer shall conduct an investigation of the complaint
within 30 days.
(A) A summary and explanation of violations shall be given to the
camp within 30 days of conducting a complaint investigation.
(B) If a complaint investigation is not made, a citation shall not
be imposed on the camp.
(C) A camp that has been cited for failing to meet legal
requirements has the right to appeal a citation to the local health
department. The local health department shall respond to the appeal
within 30 days, after which time, the appeal determination shall be
final.
(c) (1) (A) An organized camp shall not employ or accept the
volunteer services of any person under 28 years of age who may have
contact with children at the camp, unless he or she has had a
fingerprint-based criminal offender record information background
check. An organized camp shall submit all potential employees and
volunteers under 28 years of age to the Department of Justice for a
state and federal level background check pursuant to Section 11105.3
of the Penal Code and request subsequent notification service
pursuant to Section 11105.2 of the Penal Code, from the Department of
Justice.
(B) If the organized camp finds that the applicant has been
convicted or is awaiting trial for any crime specified in clause (i)
of subparagraph (C) of paragraph (1) of subdivision (g) of Section
1522, the organized camp may not grant an exemption.
(2) (A) An organized camp shall not employ or accept the volunteer
services of any person over 28 years of age who may have contact
with children at the camp, unless he or she has had a
fingerprint-based criminal offender record information background
check.
(B) If the organized camp finds that the applicant has been
convicted or is awaiting trial for any crime specified in clause (i)
of subparagraph (C) of paragraph (1) of subdivision (g) of Section
1522, the organized camp may not grant an exemption.
(C) An organized camp shall submit to the Department of Justice
fingerprint images and related information of all potential employees
and volunteers 28 years of age or older required by the department
for the purposes of obtaining information as to the existence and
content of a record of state or federal convictions and state or
federal arrests and also information as to the existence and content
of a record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.
(i) The Department of Justice shall forward to the Federal Bureau
of Investigation requests for federal summary criminal history
information received pursuant to this paragraph. The Department of
Justice shall review the information returned from the Federal Bureau
of Investigation and compile and disseminate a fitness determination
to the organized camp.
(ii) The Department of Justice shall provide a state or
federal-level response or fitness determination to the organized camp
pursuant to paragraph (1) of subdivision (p) of Section 11105 of the
Penal Code.
(iii) The organized camp shall request from the Department of
Justice subsequent notification service pursuant to Section 11105.2
of the Penal Code.
(3) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this
subdivision.
(d) A violation of this section is a misdemeanor.
SEC. 5. Section 18897.8 is added to the
Health and Safety Code , immediately following
Section 18897.7 , to read:
18897.8. 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. SEC. 6. 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.