BILL ANALYSIS Ó
SB 476
Page 1
Date of Hearing: July 14, 2015
ASSEMBLY COMMITTEE ON HEALTH
Rob Bonta, Chair
SB
476 (Mendoza) - As Amended July 1, 2015
SENATE VOTE: 39-0
SUBJECT: Organized camps.
SUMMARY: Redefines organized camps and separates them into two
types: resident camps and day camps. Requires organized day
camps to follow existing public health and safety codes and
regulations. Specifically, this bill:
1)Defines an organized camp as an organized resident camp, an
organized day camp, or any group that leases an organized camp
for the purpose of conducting a camp for children under 18
years of age, that operates seasonally to provide group-based
recreation and expanded learning opportunities with social,
spiritual, educational, or recreational activities that
promote environmental awareness and education on a seasonal
basis.
2)Specifies that the definition of an organized camp does not
include the following:
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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;
b) 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; and,
c) Programs offered by museums, zoos, cities, counties,
special districts, sports training organizations,
gymnastics studios, theatre groups, or other physical
education-based organizations.
3)Defines organized resident camp as a site 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.
4)Defines organized day camp as a program established for the
primary purpose of providing group experiences for children
under 18 years of age during the day.
5)Permits organized day camps to transport campers to parks,
beaches, campsites, and other locations for activities and
provide for offsite field trips for no more than three
consecutive days.
6)Requires organized day camps to have adequate staff to carry
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out the program, including a qualified program director with
at least two seasons of administrative or supervisory
experience at an organized day camp or a youth program.
7)Requires an organized day camp or organized resident camp to
do the following:
a) Develop a written operating plan, as required by
regulations, and provide the plan or proof of accreditation
by the American Camp Association (ACA), to the local public
health officer (LPHO) at least 30 days before the camp
begins;
b) 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;
and,
c) 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.
8)Permits the LPHO to charge a fee for the review of an
operating plan and permits an organized day or resident camp
that has been cited for failing to meet legal requirements to
appeal the citation to the local health department.
9)Specifies that the LPHO must enforce building standards within
his or her jurisdiction, and that the LPHO may contract with
the Office of the State Architect or any other public agency
or private organization for the review of design and
performance of inspection of camp buildings and structures.
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10)Requires that an organized day camp without a fixed location
register with the LPHO as an organized camp in the county
where its business office is located.
11)Requires the LPHO to issue an organized day camp or organized
resident camp a permit to operate if a written operating plan
has been submitted, and an initial inspection of the premises
has been conducted and meets requirements.
12)Requires the Department of Public Health (DPH) to adopt or
amend rules and regulations pertaining to organized day camps
and organized resident camps and requires DPH to make
reasonable efforts to include the input and advice of
organizations in the field during the process of amending or
adopting new rules and regulations.
EXISTING LAW:
1)Requires the State Public Health Officer to establish rules
and regulations for organized camps.
2)Establishes requirements for the operation, regulation and
enforcement of organized camps.
3)Defines an organized camp as a site with program and
facilities established for the primary purposes of providing
an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for five or more days
during one or more seasons of the year.
4)Excludes from the definition of an organized camp a motel,
tourist camp, trailer park, resort, hunting camp, auto court,
labor camp, penal or correctional camp, childcare institution,
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or home finding agency.
5)Defines a camper as a person in an organized camp who is a
participant in the regular program and training of an
organized camp, and who may take duties relating to such
program and training.
6)Requires the State Fire Marshall to adopt minimum fire safety
regulations for organized camps.
7)Requires local health officers to enforce the building
standards published in the State Building Standards Code
related to organized camps.
8)Prohibits an organized camp from operating unless it satisfies
the minimum standards for organized camps as prescribed by
building standards pursuant to the State Building Standards
Code.
9)Specifies that California child day care licensing provisions
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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)PURPOSE OF THIS BILL. According to the author, day camps are
programs which typically serve children who are unable to
attend resident camp programs that include multiple overnight
stays. Considerations of cost, age of the child, and parental
preference, are among the reasons some parents prefer to have
their children attend local day camps rather than remote
resident camps.
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The author states that because there is no reference to day
camps in current law or regulation, there has been confusion
related to who has jurisdiction over their operation. Day
camps typically operate during the summer and other vacation
periods when school is not in session and they provide
group-based recreation and expanded learning opportunities for
children less than 18 years of age. The author further states
that this clarification will assure the public that day camps
operate under the oversight of local health officials, and
that they are not regulated as childcare programs. The author
concludes that with so many kids participating in these camps,
it is essential that the camps adhere to health and safety
standards, which are in place to look after the well-being of
the children. This will allow them to continue learning in a
thriving environment, while being kept as safe as possible.
2)BACKGROUND.
a) Organized camps. The current definition of an organized
camp applies only to sites that are established to provide
an outdoor group living experience for five or more days a
year, and ostensibly house campers overnight. An
alternative to these overnight camps, or "resident camps"
is day camps, which are generally local and do not provide
multiple overnight stays for campers. Day camps often do
not have a fixed site, and instead operate in parks,
beaches, churches, schools, Boys and Girls Clubs, or YMCA
facilities, and are therefore not subject to the laws that
currently regulate organized camps, as currently defined.
According to the ACA, more than 12,000 day and resident
camps exist in the U.S., 7,000 are resident (overnight) and
5,000 are day camps. Each year more than 11 million
children and adults attend camp in the U.S. While camps
are not required to report illness or injury data, ACA does
voluntarily collect data that indicates a significantly
smaller incidence of injury at day or resident camps
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compared to any organized sport and that a camper is much
more likely to fall ill while at camp than to be injured.
b) ACA Accreditation. ACA collaborates with experts from
the American Academy of Pediatrics, the American Red Cross,
and other youth-serving agencies to assure that current
practices at camps reflect the most up-to-date,
research-based standards in camp operation from staff
qualifications and training to emergency management. Camps
and ACA form a partnership that promotes growth and fun in
an environment committed to safety. ACA accreditation
typically goes beyond basic licensing requirements
particularly in the following areas:
i) Staff-to-camper ratios that are appropriate for
different age groups;
ii) Goals for camp activities that are developmentally
based;
iii) Emergency transportation available at all times;
and,
iv) First-aid facilities and trained staff available
when campers are present.
c) Day care centers. There have been concerns that
organizations have been operating as day camps in an effort
to circumvent strict licensing requirements of day care
centers. Some counties, in an attempt to regulate day
camps, have classified them as day care centers. Day care
center regulations differ significantly from organized camp
regulations, in terms of staffing requirements, child
population allowances, and operating hours. For example,
day care center regulations prohibit more than 12 children
from receiving care in the same place at the same time, and
require that the program be operated only during normal
school hours. Most organized day camps do not meet child
care center regulations, and the author suggests that it
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has led to some day camps being shut down.
3)SUPPORT. The sponsor of the bill, California Collaboration
for Youth, states that the current legal definition of
organized camps is only intended to cover overnight resident
camps, and not local day camps. The sponsors write that this
bill will require day camps to adhere to the same safety and
regulatory standards required by overnight resident camps, and
that they have worked with local health officers and health
office associations to address their issues. Other supporters
including Camp Funtime, the Bar 717 Ranch, Fairmont Private
Schools, Jefunira Camp, Mountain Camp, Mountain Camp Woodside,
Pali Adventures, Plantation Farm Camp, and Tom Sawyer Camp
state that this is a very important bill in ensuring that
children are safe at all camps.
4)OPPOSE UNLESS AMENDED. The County Health Executive
Association of California (CHEAC) state, in opposition to the
bill unless it is amended, that this bill will significantly
expand the enforcement role of the county health departments.
If this expansion is to occur, statute needs to clarify that
the role of local health departments will be restricted to
overseeing health and sanitation requirements at day camps.
5)PREVIOUS LEGISLATION.
a) SB 443 (Walters), of 2013, would have defined organized
camps and organized day camps and would have established
requirements regarding their operation. SB 443 was held in
the Assembly Appropriations Committee.
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b) SB 1087 (Walters), Chapter 652, Statues of 2012,
increases the time in which an organization participating
in the Safe Neighborhoods Partnership program can operate
without a license. SB 1087 also exempts organized camps
from licensure required for day care centers.
c) SB 737 (Walters), of 2011, was substantially similar to
SB 443 (Walters) of 2013. SB 737 was vetoed. In his veto
message, the Governor Schwarzenegger stated, "I agree with
the author's intent to clarify and simply the regulation of
organized camps, but this measure does not achieve this
goal. I am directing the Department of Public Health and
Department of Social Services to work with the author and
interested advocates to resolve this issue in the coming
year."
6)POLICY COMMENTS.
a) Day Care Licensing. The author states that this bill is
necessary to clarify that day camps operate under the
oversight of local health officials, and that they are not
regulated as childcare programs. Licensing provisions of
the California Child Day Care Act explicitly state that
organized camps and similar entities should not be
regulated as child day care centers, therefore concerns
about organized camps being regulated as child day care
centers are invalid. The Committee recommends the
following clarifying language:
Section 18897. (e) Organized camp programs conducted for
children by the YMCA, Girl Scouts of the USA, Boy Scouts of
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America, Boys and Girls Clubs, Camp Fire USA, or similar
organizations shall not be subject to licensure as a child
day care center.
b) Day Camp Exclusions. The bill excludes a long list of
entities from organized camp regulations including programs
offered by museums, zoos, sports training organizations,
gymnastics studios, theatre groups, etc. The author argues
that this language is intended to exclude the itemized
facilities and organizations that offer instruction and
training on a year-round basis but label them camps during
the summer. Current language in the bill defines an
"organized camp" as an organized resident camp or organized
day camp that operates seasonally to provide group-based
recreation and expanded learning opportunities with social,
spiritual, educational, or recreational activities that
promote environmental awareness. This language is
sufficiently narrow, and language exempting programs
offered by museums, zoos, sports training organizations,
gymnastics studios, theatre groups, or other physical
education-based organizations should be stricken from the
bill.
c) Health and Safety Enforcement. The Committee suggests
clarifying language expanding the role of the LPHO to
ensuring that the health and sanitation needs of organized
day camp are met.
REGISTERED SUPPORT / OPPOSITION:
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Support
California Collaboration for Youth (sponsor)
American Camp Association
AstroCamp
Bar 717 Ranch
California State Alliance of YMCAs
Camp Funtime
Camp Kinneret Summer Camp
Carmel Valley Tennis Camp
Central Coast YMCA
Deer Crossing Camp
Guided Discoveries
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Jameson Ranch Camp
Jefunira Camp
Kennalyn Camps
Mountain Camp
Mountain Camp Woodside
Outpost Summer Camps
Pali Adventures
Peninsula Bay Cities Day Camp and Swim School
Plantation Farm Camp
Roughing It Day Camp
Santa Monica Family YMCA
Skylake Yosemite Camp
Tom Sawyer Camp
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YMCA of East Bay
YMCA of Greater Whittier
YMCA of Metropolitan Los Angeles
YMCA of Santa Maria Valley
YMCA of Silicon Valley
YMCA of Superior California
YMCA of the East Valley
Opposition
None on file.
Oppose Unless Amended
California State Association of Counties
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County Health Executive Association of California
Analysis Prepared by:Paula Villescaz / HEALTH / (916)
319-2097