BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 166
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  runner
                                                         VERSION: 2/14/09
          Analysis by: Carrie Cornwell                   FISCAL:  yes
          Hearing date: March 31, 2009








          SUBJECT:

          Special occupancy parks: campers

          DESCRIPTION:

          This bill allows occupancy of a camper that is dismounted from a  
          pick-up truck in a special occupancy park.

          ANALYSIS:

          Existing law, known as the Special Occupancy Parks Act,  
          regulates the construction, maintenance, occupancy, use, and  
          design of  special occupancy parks to ensure the health, safety,  
          and general welfare of all park occupants or residents. Special  
          occupancy parks are privately-owned parks or campgrounds for  
          recreational vehicles, camping cabins, truck campers, or tents,  
          including those portions of mobilehome parks dedicated to  
          recreational vehicles. 

          Existing law gives the Department of Housing and Community  
          Development (HCD) responsibility to adopt regulations for  
          special occupancy parks and the truck campers in them that are  
          reasonable and necessary to protect life and property in the  
          parks and to protect the health and safety of occupants.

          HCD regulations that implement the Special Occupancy Parks Act  
          prohibit the occupancy of a dismounted truck camper in a special  
          occupancy park.

           This bill  states that it is unlawful for any person to occupy a  
          truck camper in a special occupancy park that has been  
          dismounted from a truck, unless the camper is equipped with a  




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          permanently mounted jack on each of its four corners and  
          designed to be occupied when dismounted.
          
          COMMENTS:

           1.Purpose  . The sponsors of this bill note that HCD's existing  
            regulations, which prohibit occupying a dismounted truck  
            camper in a special occupancy park, are out-of-date, treat  
            truck campers in these parks differently than they are treated  
            in other locations, and are unique to California.

            In the early 1980's, when HCD adopted the regulatory provision  
            that prohibits a dismounted truck camper from being occupied  
            in a special occupancy park, truck camper technology was much  
            different than today. For many years, truck campers have been  
            designed for occupancy when dismounted. They are equipped with  
            either mechanical or hydraulic jacks that are permanently  
            mounted on the four corners of the camper and are rated at  
            3000 pound capacity each. This allows them to safely and  
            securely accommodate occupancy of a dismounted truck camper  
            that weighs between 1500 pounds to 4000 pounds. The author and  
            sponsors argue, therefore, there is no reason to prohibit  
            occupancy of a truck camper since they are specifically  
            designed and constructed for occupancy when dismounted.

            In addition, the proponents note that allowing the occupancy  
            of a dismounted camper in a special occupancy park is  
            consistent with permitted occupancy in other locations in  
            California. For example, a dismounted camper is permitted to  
            be occupied on private property and in state parks. This being  
            the case, there is no justification for inconsistent laws and  
            regulations regarding the occupancy of a dismounted camper  
            simply because of where it is located when dismounted.

            Proponents further point out, and HCD confirms, that no other  
            state has a statute or regulation that prohibits the occupancy  
            of a dismounted camper.

            For these reasons, this bill amends state statute to allow a  
            dismounted truck camper to be occupied if it is equipped with  
            a permanently mounted jack on each of its four corners and  
            designed to be occupied when dismounted. 

           2.Why not just amend HCD's regulations  ? This bill overturns an  
            HCD regulatory provision. Rather than change state statute,  
            therefore, why not simply work with HCD to change its  




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            regulations that govern special occupancy parks? Staff at HCD  
            indicate that they have not received a request to amend HCD's  
            regulations on occupancy of a dismounted truck campers in  
            special occupancy parks. 
          
          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     March 25, 2009)

               SUPPORT:  Lance Camper Manufacturing Corporation  
          (co-sponsor)
                         Recreation Vehicle Industry Association  
                    (co-sponsor)
          
               OPPOSED:  None received.