BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1087
AUTHOR: Walters
AMENDED: April 10, 2012
HEARING DATE: April 25, 2012
CONSULTANT: Orr
SUBJECT : Organized camps.
SUMMARY : Revises statutes and definitions related to the
licensing and regulation of "organized camps" and expands the
hours that the Afterschool Education and Safety Program (ASES)
can operate without obtaining a license, from 30 to 60 hours per
week, as specified.
Existing law:
1.Defines "organized camp" as a site with programs and
facilities established for the primary purpose of providing an
outdoor living experience for five days or more.
2.Exempts from child care licensure recreation programs operated
by Girl Scouts, Boy Scouts, Boys and Girls Clubs, Camp Fire,
or similar organizations, as determined by regulations of the
department; child care programs conducted by these
organizations remain subject to licensure.
3.Requires the Director of the California Department of Public
Health (CDPH) to establish minimum standards regulating the
operations of organized camps that are necessary to protect
the health and safety of the campers.
4.Exempts organizations participating in ASES from child care
licensure if they operate no more than 30 hours per week.
Existing regulations: Establish general requirements for safety
and staff supervision at organized camps, including requiring a
criminal history record check for camp directors and camp
counselors and require camps to submit written operating
procedures and accreditation verification to local health
officers.
This bill:
1.Changes the term "organized camp" to "organized resident camp"
and modifies the definition to mean a site with programs
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providing an outdoor group living experience for five
consecutive days or more during one or more seasons of the
year. Specifies that an overnight stay is not required to meet
this definition and that short duration programs, such as
conferences or retreats, held on organized campsites that are
less than five days are not required to meet the provisions in
existing statute, but are required to comply with the general
and safety supervision requirements in regulations.
2.Defines the term "organized day camp" as a site serving
school-age children up to 17 years of age, operating
seasonally when school is not in session. Stipulates that
organized day camps typically do not provide overnight stays,
and instead often transport campers to off-site locations for
activities. Requires a qualified program director to have two
seasons of administrative or supervisory experience at an
organized camp, be present at the camp, and have staff
adequate to carry out the program. Requires organized day
camps to use the same counselor-to-camper ratios used by
organized resident camps.
3.Requires an organized resident camp or organized day camp to
develop a written operating plan and to file the plan with the
local health department, as specified. Requires the health
officer to acknowledge the plan within 30 days of its receipt.
Requires the written plan and acknowledgement to be posted in
a conspicuous location on camp premises and on any available
website associated with the camp.
4.Requires organized resident camps or organized day camps that
construct or operate educational facilities or programs
including ropes courses, challenge courses, climbing walls or
similar adventure challenges to meet specified construction
and operating standards, establish provisions keeping campers
separate from day-use patrons, and include this information in
the written operating plan, with specified filing
instructions.
5.Provides a list of specific organizations whose camps shall be
considered prototypes of an organized resident camp. Provides
that membership in specific organizations indicate that a camp
meets the requirements of an organized resident camp or
organized day camp.
6.Requires that a qualified program director, as specified, be
present at the organized day camp. Requires employees of
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organized day camps to have background checks in accordance
with existing regulations. Requires organized day camps to use
the same counselor-to-camper ratio as organized camps.
7.Requires organized resident or day camps operated by cities or
counties to meet these provisions.
8.Requires CDPH to obtain the input and advice of organizations
in the field of organized camps when amending rules and
regulations pertaining to organized camps.
9.Adds recreation programs operated by the YMCA to the list of
programs exempt from child care licensure.
10.Increases the hours per week that an ASES program may operate
from 30 to 60 hours.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1.Author's statement. According to the author, the purpose of
the bill is to acknowledge in statute the requirements for
operating a day camp and set standards for the construction
and operation of challenge and rope courses. SB 1087 is a
re-introduction of SB 737 (Walters) which passed the Senate
with a 40 - 0 floor vote in 2011. This bill would also include
the YMCA in the list of organizations whose recreation
programs are exempt from licensure. The author reports that
the list of recreation program providers exempt from child
care licensure requirements does not currently include the
YMCA, which means the YMCA's recreation programs do not always
receive an exemption from licensure while other similar
organizations like Boys and Girls Clubs do.
2.Day camps. While similar in purpose, the difference between
resident camp programs and day camp programs appears to be
primarily one of siting. Organized camps are fixed sites that
provide activities in a permanent location for five days or
more. In contrast, organized day camps are generally for less
than one whole day, and typically do not provide overnight
stays. They frequently transport campers to off-site
activities, such as beaches, parks, and campsites.
In arguing for SB 737, the author asserted that organized day
camps are being treated in some counties similarly to the way
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the statute treats organized camps (overnight programs), while
in other counties, health officers are not applying health and
safety rules to organized day camps that are being applied to
organized camps. This bill, which is substantially similar to
SB 737, intends to define organized day camps in statute and
redefine organized camps as resident camps, clarify
distinctions between organized day camps and organized
resident camps, and require that organized day camps be
regulated in the same way that organized resident camps are
regulated.
3.Double referral. This bill was heard in the Senate Education
Committee on March 28, 2012, and passed with a 9-0 vote.
4.Prior legislation. SB 737 (Walters, 2011) is substantially
similar to this bill. SB 737 was vetoed with the message: "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."
5.Support. Supporters claim this bill provides clarification
and definition for programs that serve the children of our
state. This bill defines an "organized day camp," specifies
appropriate oversight and approval for ropes and challenge
courses operated by organized camps, and requires camps to
provide written operating plans to their local health
departments.
6.Policy Comments.
a. Previous veto. According to the author, SB 737 was
vetoed by the Governor based on some late concerns
expressed by CDPH and the Department of Social Services.
The Governor indicated that the two departments should
work with the sponsors and the author to resolve those
concerns. The author claims to have coordinated meetings
with these two agencies, and now believes the concerns
addressed by the two departments have been adequately
addressed.
b. After school program provisions. In addition to
provisions regarding organized camps, this bill also makes
changes to the hours per week that an after-school program
may operate. These provisions are within the jurisdiction
of the Education Committee and are not addressed in the
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comments section of this analysis. There is no link
between the organized camps provisions and the
after-school program provisions both contained in this
bill.
7.Technical and clarifying amendments. Staff suggests several
technical and clarifying amendments to codify an uncodified
section of the bill, clarifying the distinctions between
organized resident and day camps, and to reorganize some of
the paragraphs.
SUPPORT AND OPPOSITION :
Support: AbilityFirst
California Collaboration for Youth
California State Alliance of YMCAs
Camp Ocean Pines
Camp Summertime
Rawhide Ranch
Walton's Grizzly Lodge Summer Camp
Oppose: None received.
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