BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 443|
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THIRD READING
Bill No: SB 443
Author: Walters (R)
Amended: 4/16/13
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/10/13
AYES: Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Organized camps
SOURCE : California Collaboration of Youth
California Statewide Alliance of YMCAs
DIGEST : This bill revises statutes and definitions related to
the regulation of "organized camps."
ANALYSIS :
Existing law:
1.Defines "organized camp" as a site with programs and
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,
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Camp Fire, or similar organizations, as determined by
regulations of the Department of Public Health (DPH); child
care programs conducted by these organizations remain subject
to licensure.
3.Exempts organizations participating in the Afterschool
Education and Safety Program from child care licensure if they
operate no more than 60 hours per week.
4.Requires the Director of DPH to establish minimum standards
regulating the operations of organized camps that are
necessary to protect the health and safety of the campers.
5.Establishes regulations regarding the general requirements for
safety and staff supervision at organized camps, including
requiring a criminal history record check for camp directors
and camp counselors and requiring camps to submit written
operating procedures and accreditation verification to local
health officers.
This bill:
1.Makes the distinction between an "organized resident camp" and
"organized day camp" under the umbrella of "organized camp."
Defines an "organized resident camp" to mean a site with
programs established for the primary purposes of providing an
outdoor living experience for at least four consecutive
overnight stays during one or more seasons of the year.
2.Defines the term "organized day camp" as a site which may or
may not be fixed, that is established for the primary purpose
of providing outdoor group living experiences for children up
to 17 years of age, and that operates seasonally during times
when school is not regularly in session. Stipulates that
organized day camps may transport campers to off-site
locations for activities and may provide for up to three
consecutive overnight stays.
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. Exempts organized
resident camps and organized day camps that are accredited by
the American Camp Association or the Boy Scouts of America
from this requirement.
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4.Requires the local 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 Web site associated with the
camp.
5.Requires the local health officer to charge a fee for the
review of an operating plan that does not exceed the actual
cost of plan review. Permits a local health officer to inspect
a camp and charge a fee for that purpose, not to exceed the
actual cost of the inspection. Requires a summary and
explanation of charges to be given to the camp following the
camp inspection. Prohibits charges from being imposed on the
camp other than for reviewing an operating plan, if a camp
inspection is not done.
6.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.
7.Requires an organized day camp to have adequate staff to carry
out the program, including, but not limited to, a qualified
program director, as specified. Requires the program director
to be present at all times during operation of the organized
day camp and to comply with the California Code of
Regulations, as specified.
8.Requires organized resident or day camps operated by cities or
counties to comply with applicable provisions.
9.Requires DPH to obtain the input and advice of organizations
in the field of organized camps when amending rules and
regulations pertaining to organized camps.
Background
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The difference between resident camp programs and day camp
programs is primarily regarding the number of overnight stays
permitted and the required permanency of the location site.
Organized residential camps typically provide activities in a
permanent location for at least four consecutive overnight
stays. In contrast, organized day camps may or may not have a
fixed site, are generally for less than one whole day and
typically do not provide overnight stays. Organized day camps
serve children through the age of 17 and operate during times
when school is not in session. Organized day camps frequently
transport campers to off-site activities, such as beaches,
parks, and campsites and operate seasonally during times when
school is not regularly in session.
Comments
Currently, there is only one definition in law that pertains to
"organized camps." This definition was largely created with
residential camps in mind and contains many provisions,
regulations, and standards that are inapplicable to seasonal
camp programs offered during the day when school is not in
session. Due to the lack of clarification in the law, licensing
officials have confused day camps with daycare centers assuming
that day camp counselors (many of whom are high school and
college students) be licensed childcare providers. This bill
makes the clarifying distinction by clearly defining "organized
resident camp" and an "organized day camp."
Prior Legislation
SB 1087 (Walters, Chapter 652, Statutes of 2012), doubles the
hours by which an after school program operated by a city,
county or non-profit may operate.
SB 737 (Walters, 2011), is substantially similar to this bill.
SB 737 was vetoed by Governor Brown.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of about $130,000 for the adoption of
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regulations by DPH (General Fund).
Unknown ongoing costs for enforcement by local public
health officers (local funds). Because local health
officers have the statutory authority to levy fees, this
bill does not impose a reimbursable state mandate.
SUPPORT : (Verified 5/23/13)
California Collaboration for Youth (co-source)
California State Alliance of YMCAs (co-source)
American Camp Association in California
AstroCamp
Camp Doodles
Camp Fire
Camp Funtime
Camp Kinneret
Camp Max Straus
Camp Ronald McDonald at Eagle Lake
Camp Ronald McDonald for Good Times
Carmel Valley Tennis Camp
Catalina Island Camps, Inc.
Catalina Island Marine Institute
Channel Islands YMCA
Fairmont Summer Programs
Gold Arrow Camp
Guided Discoveries
Jameson Ranch Camp
Leoni Meadows Camp
Mountain Camp
Mountain Camp Woodside
Outpost Summer Camps
Rawhide Ranch
Redwood Glen Camp and Conference Center
River Way Ranch Camp
Tocaloma Summer Day Camp
Tom Sawyer Camps
Tumbleweed Day Camp
YMCA of San Diego County
Yosemite Sierra Summer Camp
ARGUMENTS IN SUPPORT : The author states that without the
clarification in law, organized day camps are being treated in
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some counties similarly to the way the statute treats organized
camps (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. According
to the author, this bill establishes clarifying definitions for
organized resident camps and organized day camps and requires
that organized day camps be regulated in the same way that
organized camps are regulated.
JL:ne 5/24/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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