BILL NUMBER: SB 1619	CHAPTERED  09/20/00

	CHAPTER   550
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JULY 3, 2000
	AMENDED IN SENATE   MAY 16, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Senator Alpert
   (Coauthor:  Assembly Member Romero)

                        FEBRUARY 22, 2000

   An act to add Section 115736 to the Health and Safety Code,
relating to playground safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1619, Alpert.  Playground safety.
   Existing law requires all entities, except public agencies,
operating playgrounds open to the public, including a day care
setting, to upgrade their playgrounds by replacement or improvement
as necessary to satisfy state playground safety requirements by
January 1, 2003.  Excluded from this requirement are foster family
homes, certified family homes, small family homes, group homes, and
family day care homes, which are licensed and regulated to meet child
safety requirements enforced by the State Department of Social
Services.
   This bill would require the State Department of Social Services to
convene a working group to develop alternatives to regulations
establishing minimum safety standards for public playgrounds, and
would require the working group to submit playground safety
recommendations to the department by September 1, 2001.
   The bill would require the working group to submit its
recommendations to the Legislature by November 1, 2001.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature finds and declares that in 1997,
the United States Consumer Product Safety Commission issued its
latest edition of the handbook for public playground safety as a
detailed working blueprint to help local communities, schools, day
care centers, corporations, and other groups to build safe public
playgrounds.  Because many factors may affect playground safety, the
commission has stated that guidelines, rather than mandatory rules,
are appropriate.  However, in 1990, the Legislature passed
legislation, signed into law by Governor Deukmejian, requiring the
State Department of Health Services to adopt mandatory minimum safety
requirements for public playgrounds that are "at least as protective
as the guidelines in the handbook for public playground safety
produced by the United States Consumer Product Safety
Commission...and shall include more protective requirements where the
State Department of Health Services finds those guidelines will
provide inadequate protection."  The 1990 legislation specified that
there should be special provisions for playgrounds in day care
settings.
   (b) It is the intent of the Legislature to enact legislation to
require the State Department of Social Services to adopt regulations
for playground safety that include special provisions for playgrounds
in child care centers.
  SEC. 2.  Section 115736 is added to the Health and Safety Code, to
read:
   115736.  (a) The State Department of Social Services shall convene
a working group to develop recommendations for minimum safety
requirements for playgrounds at child care centers.
   (b) The working group shall include, but not be limited to, child
care center operators, including representatives of the Professional
Association for Childhood Education, the California Child Care Health
Program, the Children's Advocacy Institute, the State Department of
Health Services, and certified playground inspectors.
   (c) The working group shall use the national guidelines published
by the United States Consumer Product Safety Commission and those
regulations adopted pursuant to this article as a reference in
developing its recommendations.  However, the Department of Social
Services shall determine minimum safety requirements that are
protective of child health on playgrounds at child care centers.
   (d) The working group shall submit its playground safety
recommendations to the State Department of Social Services by
September 1, 2001.
   (e) The working group shall submit its recommendations to the
Legislature by November 1, 2001.