BILL NUMBER: SB 476 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Mendoza
FEBRUARY 26, 2015
An act to amend Section 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 476, as amended, Mendoza. 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 he or she
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" to include an "organized resident camp" and an
"organized day camp," as specified , that provides activities
that promote environmental awareness and education. This bill would
exclude from "organized camps" physical education, sports training,
and theatre program . The bill would require those
the included camps to develop a written
operating plan and provide the local public health officer with the
plan, or written verification that the camp is accredited by the
American Camp Association, at least 30 days prior to commencing
operation of the camp. The bill would also require those camps to
comply with applicable safety and supervision requirements relating
to camp directors and counselors, install a carbon monoxide detector
in specified buildings, and store firearms and bows and arrows in a
locked storage cabinet when not in use, as specified.
The bill would authorize the local public health officer to
inspect the camp and charge a fee for that purpose. The bill would
also require the State Department of Public Health, 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.
Because this bill would impose additional duties upon local public
health officers in cities and counties, it would impose a
state-mandated local program.
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 that operates seasonally to provide group-based
recreation and expanded learning opportunities with social,
spiritual, educational, or recreational services
activities that promote environmental awareness and education
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, drug and
alcohol resident rehabilitation program 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.
(D) Day camp programs Programs
offered by museums, zoos, cities, counties, or
special districts. dis tricts,
sports training organizations, gymnastics studios, theatre groups, or
other physical education-based organizations.
(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.
(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.
(3) 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 a youth program.
The program director shall be present at all times during the
operation of the organized day 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.
SEC. 2. Section 18897.1 of the Health and Safety Code is repealed.
SEC. 3. Section 18897.1 is added to the Health and Safety Code, to
read:
18897.1. (a) An organized day camp or an organized resident camp
shall do all of the following:
(1) Develop a written operating plan pursuant to Section
30704 of Title 17 of the California Code of Regulations and
provide the plan, or written verification that the camp is accredited
by the American Camp Association (ACA), to the local public health
officer or his or her designee at least 30 days prior to commencing
operation of the camp. Year-round camps shall submit their plans on
an annual basis.
(2) Meet the applicable requirements of Section 30751 of Title 17
of the California Code of Regulations.
(3) Install a carbon monoxide detector in any building intended
for human occupancy that has a fossil fuel burning heater or
appliance, a fireplace, or an attached garage.
(4) Store all firearms, including rifles, pellet guns, and air
guns, and bows and arrows in a locked cabinet designated for this use
when those items are not in use for authorized camp activities. The
director, or a qualified designee of the director that
meets the requirements of subdivision (a) of Section 30751 of Title
17 of the California Code of Regulations, of the organized camp shall
maintain possession of the key to this cabinet.
(b) The local public health officer shall acknowledge receipt of
the operating plan or verification of accreditation described in
paragraph (1) of subdivision (a) within 30 days. The local public
health officer may charge a fee for the review of an operating plan
that shall not exceed the actual cost of review. The local public
health officer may shall not charge a
fee for an acknowledgment of camp accreditation. Upon receipt of the
local public health officer's acknowledgment, the organized day camp
or organized resident camp shall post a copy of the acknowledgment in
a conspicuous location on the camp premises.
(c) (1) The local public health officer may inspect the organized
day camp or organized resident camp and any charge
a fee for that purpose, not to exceed the reasonable cost of the
inspection. The local public health officer shall provide, within 30
days, a summary of any violations of health and safety standards
established in the rules and regulations establishing minimum
standards for organized camps.
(2) If the local public health officer does not conduct an
inspection, he or she may shall not
impose any charges on the organized day camp or organized resident
camp other than for reviewing the written operating plan
pursuant to paragraph (2) of subdivision (a).
(d) An organized day camp or organized resident camp that has been
cited for failing to meet legal requirements may appeal the citation
to the local health department.
SEC. 4. 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 and organized
resident 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. 5. 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.