BILL NUMBER: SB 443 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
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 Sections 1596.793 and 18897 of, 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 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 camp to
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 at least 60 days prior to operation of the 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 review and investigation fees.
This bill would 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 adopting or
amending the rules and regulations pertaining to organized camps, to
make reasonable efforts 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 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 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).
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 that operates seasonally to provides
provide 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)
( D) Programs offered by cities, counties,
or special districts that comply with subdivision (c) of Section
18897.1.
(b) "Organized resident camp" means a site or sites with programs
and facilities established for the primary purposes of providing
group living experiences and that provides overnight stays during one
or more seasons of the year, excluding field trips as provided for
under subparagraph (B) of paragraph (2) of subdivision (c).
(c) (1) "Organized day camp" means a program that is established
for the primary purpose of providing group experiences for children
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
locations for activities.
(B) Provide for offsite field trips for no more than three
consecutive days. Any organized day camp that provides offsite field
trips for more than two consecutive nights shall be considered an
organized resident camp.
(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. 3. Section 18897.1 of the Health and Safety Code is repealed.
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 , for compliant investigations, and
for compliant appeal s that shall not exceed the
actual cost of plan review. these activities.
Upon receipt of the local public health officer's
determination, a camp shall post a copy of the certification
plan 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 concerning health and safety violations, as
established in the rules and regulations establishing minimum
standards for organized camps, 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. 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.