BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 166
          Author:   Runner (R)
          Amended:  As introduced
          Vote:     21

           
           SEN. TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 3/31/09
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman,  
            Hollingsworth, Kehoe, Oropeza, Pavley, Simitian, Wolk
          NO VOTE RECORDED:  Vacancy, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Special occupancy parks:  campers

           SOURCE  :     Lance Camper Manufacturing Corporation
                      Recreation Vehicle Industry Association


           DIGEST  :    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.
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          Existing law gives the Department of Housing and Community  
          Development (HCD) the 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 permanently mounted jack on each of its four corners  
          and designed to be occupied when dismounted.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  4/21/09)

          Lance Camper Manufacturing Corporation (co-source)
          Recreation Vehicle Industry Association (co-source)

           ARGUMENTS IN SUPPORT  :    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 weights between  
          1500 pounds to 4000 pounds.  The author's office and  







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          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.


          JJA:cm  4/21/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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