Amended in Assembly June 25, 2014

Amended in Assembly August 7, 2013

Amended in Senate April 16, 2013

Senate Bill No. 443

Introduced by Senator Walters

February 21, 2013

An act to amend begin delete Section end delete begin insert Sections 1596.793 and end insert 18897 of, begin delete and to add Sections 18897.8 and 18897.9 to, end delete begin insert to add Section 18897.8 to, and to repeal and add Section 18897.1 of, end insert the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

SB 443, as amended, Walters. Organized camps.

Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulating the operation of organized camps that the director determines are necessary to protect the health and safety of the campers.

Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined.

This bill would begin delete include “organized resident camp,” as defined, and “organized day camp,” as defined, within the definition of the term “organized camp.” The bill would require an “organized resident camp” and end delete begin insert recast those provisions and instead define an “organized camp,” an “organized resident camp,” and an “organized day camp,” as specified. The bill would require end insert an begin delete “organized day camp” end delete begin insert organized camp end insert to begin delete provide end delete begin insert register annually with the local public health officer, and provide the local public health officer with its written operating plan, or end insert written verification that the camp is accredited by the American Camp Association begin delete or the Boy Scouts of America or develop a written operating plan and file the plan with the local health officer at least 30 end delete begin insert at least 60 end insert days prior to operation of the begin delete camp, would require submissions of an operating plan to the local public health officer, end delete begin insert camp. The bill would provide that failure to comply with these provisions is a misdemeanor. The bill end insert would authorize the local health officer to assess related begin delete fees, and would require camps operated by a city or a county, or a city and county, to comply with applicable provisions. The bill would exempt a public recreation program, as defined, from organized camp regulations. By imposing these additional requirements upon local public health officers and cities and counties, this bill would impose a state-mandated local program end delete begin insert fees end insert .

This bill would begin delete require an organized day camp to have adequate staff to carry out the program, including, but not limited to, compliance with specified staff training and supervision regulations and a qualified program director present at all times during operation of the camp. The bill would exempt an organized day camp from certain construction and other standards generally applicable to organized resident camps. end delete begin insert prohibit an organized camp from employing or accepting the volunteer services of any person unless he or she has had a fingerprint-based criminal offender record information background check, as specified. The bill would provide that failure to comply with these provisions is a misdemeanor. end insert

begin insert

Because this bill would impose additional requirements upon local public health officers and cities and counties, and because the bill would create new crimes, it would impose a state-mandated local program.

end insert

This bill would require the department, in amending the rules and regulations pertaining to organized camps, to obtain the input and advice of prescribed organizations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1596.793 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1596.793.  

This chapter and Chapters 3.5 (commencing with
Section 1596.90) and 3.6 (commencing with Section 1597.30) do
not apply to recreation programs conducted for children by begin delete the
YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys
and Girls Clubs, Camp Fire USA, organized camps, or similar
organizations. end delete begin insert organized camps established pursuant to Part 2.4
(commencing with Section 18897) of Division 13. end insert However, child
day care programs conducted by these organizations and the fees
charged for those purposes shall be subject to the requirements of
this chapter, Chapter 3.5 (commencing with Section 1596.90) begin insert , end insert and
Chapter 3.6 (commencing with Section 1597.30).

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 18897 of the Health and Safety Code is
amended to read:

18897.  

(a) “Organized camp” means an organized resident
camp or an organized day begin delete camp. end delete begin insert camp that operates seasonally
to provides group-based recreation and expanded learning
opportunities with social, spiritual, educational, or recreational
programs and services on a seasonal basis. end insert

begin insert

(1) A group that leases an organized camp for the purpose of
conducting a camp for children under 18 years of age shall comply
with this part.

end insert begin insert

(2) An “organized camp” does not include any of the following:

end insert begin insert

(A) A hotel, motel, tourist camp, trailer park, resort, hunting
camp, auto court, labor camp, penal or correctional camp, or
other program or facility subject to occupancy taxes, home-finding
agencies, or a licensed child day care facility as defined in Section
1596.750.

end insert begin insert

(B) A charitable or recreational organization that complies with
the rules and regulations for recreational trailer parks.

end insert begin insert

(C) 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.

end insert begin insert

(3) Programs offered by cities, counties, or special districts that
comply with subdivision (c) of Section 18897.1.

end insert

(b)  begin delete (1) end delete begin delete   end delete “Organized resident camp” means a site or sites with
programs and facilities established for the primary purposes of
providing begin delete an outdoor group living experience with social, spiritual,
educational, or recreational objectives, for at least four consecutive end delete
begin insert group living experiences and that provides end insert overnight stays during
one or more seasons of the begin delete year. end delete begin insert year, excluding field trips as
provided for under subparagraph (B) of paragraph (2) of
subdivision (c). end insert

begin delete

(2) “Organized resident camp” includes, but is not limited to,
a camp accredited or operated by the American Camp Association,
the YMCA, the Girl Scouts of the USA, the Boy Scouts of
America, the Camp Fire USA, the Boys and Girls Clubs of
America, the Salvation Army, and the Christian Camp and
Conference Association.

end delete

(c) (1) “Organized day camp” means a begin delete program, which may or
may not have a fixed site, end delete begin insert program end insert that is established for the
primary purpose of providing begin delete outdoor end delete group experiences for
children begin delete through 17 years of age, and that operates seasonally
during times when school is not regularly in session. An organized
day camp provides group-based recreation and expanded learning
opportunities with social, spiritual, educational, or recreational
objectives. An organized day camp may transport end delete begin insert under 18 years
of age during the day between the hours of 6 a.m. and 8 p.m. end insert

begin insert (2) end insert begin insert   end insert begin insert An organized day camp may do all of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Transport end insert campers to parks, beaches, campsites, and other
begin delete excursion end delete locations for activities. begin delete An organized day camp may
provide end delete

begin insert (B) end insert begin insert   end insert begin insert Provide end insert for begin delete up to end delete begin insert offsite field trips for no more than end insert three
consecutive begin delete overnight stays. An organized day camp shall register
with the local health department 30 days prior to operation. A
travel camp without a fixed camp site shall register with the local
public health department in which its business office is located.
An organized day camp shall have a first aid-certified staff member
when a health supervisor is not available. An organized day camp
may utilize a health supervisor who either is onsite daily or
available by telephone to satisfy the requirements set forth in
regulation. end delete begin insert days. Any organized day camp that provides offsite
field trips for more than two consecutive nights shall be considered
an organized resident camp. end insert

begin delete

(2) An organized day camp includes, but is not limited to, a
camp that is a member of the American Camp Association (ACA),
the Association for Environmental and Outdoor Education, the
Christian Camp and Conference Association, the Western
Association of Independent Camps, the Boy Scouts of America,
the YMCA, and other similar camping associations.

(d) The terms “organized resident camp” or “organized day
camp” do not include sites or programs that are used by couples
or groups for counseling, religious retreats, reunions, conferences,
and special events, on an intermittent short-term basis of less than
four consecutive overnight stays. A resident camp shall meet the
organized camp requirements if it is leased to conduct a traditional
camp program. A group that leases an organized resident camp
for the purpose of conducting a camp session shall comply with
all legal requirements applicable to the camp program.

(e) The terms “organized resident camp” and “organized day
camp” do not include a hotel, motel, tourist camp, trailer park,
resort, hunting camp, auto court, or other program or facility
subject to occupancy taxes, and do not include licensed child care
facilities, home-finding agencies, noncamp educational programs
operated by museums, or day programs offered by cities, counties,
or special districts.

end delete begin insert

(d) “Camper” means any person in an organized camp on a
fee or nonfee basis who is a participant in the regular program
and training of an organized camp, and who may take on duties
relating to that program and training.

end insert

begin delete

SEC. 2.  

Section 18897.8 is added to the Health and Safety
Code, immediately following Section 18897.7, to read:

18897.8.  

(a) An organized resident camp or organized day
camp shall provide the local public health officer or his or her
designee with a copy of its written operating plan that describes
the program of organized and supervised activities of the camp as
specified in regulation, a copy of its Boy Scout accreditation
operating plan, or written verification that the camp is accredited
by the American Camp Association (ACA). The organized resident
camp or organized day camp shall file the plan or proof of
accreditation with the local public health officer or his or her
designee at least 30 days prior to operation of the camp. Within
30 days, the local public health officer or his or her designee shall
acknowledge the receipt of the verification of the accreditation or
the determination upon review and approval or denial of the
operating plan. The local public health officer may charge a fee
for the review of an operating plan or for recording the
acknowledgment of accreditation that shall not exceed the actual
cost of plan review or recording of acknowledgment of
accreditation.

(1) Upon receipt of the local public health officer’s
determination, a camp shall post a copy of the determination in a
conspicuous location on the camp premises, and on the camp’s
Internet Web site. A camp operation plan or proof of accreditation
is deemed approved if a camp has not received acknowledgment
from the local public health department within 30 days.

(2) The local public health officer or his or her designee may
investigate complaints or inspect a camp and charge a fee for that
purpose, not to exceed the actual cost of the visit. A summary and
explanation of violations shall be given to the camp following the
camp visit. If an inspection is not made, charges shall not be
imposed on the camp.

(3) A camp that has been cited for failing to meet legal
requirements may appeal that citation to the local health
department.

(b) If an organized resident camp or organized day camp
constructs or operates educational facilities and programs that
include ropes courses, challenge courses, climbing walls, repelling
towers, zip lines, canopy tours, or other similar adventure
challenges, the camp’s written operating plan shall include all of
the following:

(1) A provision ensuring that campers are kept separated from
individuals who use these facilities on a day-use basis.

(2) A provision ensuring that oversight of activities is provided
by camp staff.

(3) A provision that ensures that the construction and operating
standards of those facilities and programs are in compliance with
the standards established by the State Public Health Officer
pursuant to this part, or are in compliance with standards adopted
by one or more of the following if the State Public Health Officer
determines that the following standards are substantially similar
to the standards developed by the State Public Health Officer under
this part:

(A) The American Camp Association.

(B) The Association of Challenge Course Technology.

(C) Project COPE.

(D) An equivalent certification program.

(4) A written operating plan prepared pursuant to this
subdivision shall be filed with the local public health officer or his
or her designee at least 30 days prior to construction, and shall
also be filed annually thereafter.

(c) An organized day camp shall have adequate staff to carry
out the program, including, but not limited to, a qualified program
director who has at least two seasons of administrative or
supervisory experience at an organized day camp or at a youth
program. The program director shall be present at all times during
operation of the organized day camp. Additionally, an organized
day camp and an organized residential camp shall meet the
requirements of Section 30751 of Title 17 of the California Code
of Regulations.

(d) An organized resident camp or an organized day camp
operated by a city or a county, or a city and county, shall comply
with the relevant provisions of this part.

(e) A public recreation program is exempt from organized camp
regulations. For purposes of this section, “public recreation
program” means a program operated by the state, city, county,
special district, school district, community college district,
chartered city, or chartered city and county that meets any of the
following criteria:

(1) (A) The program is operated only during hours other than
the normal school hours for kindergarten and grades 1 to 12,
inclusive, in the public school district where the program is located
or operated only during periods when pupils in kindergarten and
grades 1 to 12, inclusive, are normally not in session in the public
school district where the program is located, for either of the
following periods:

(i) For fewer than 16 hours per week.

(ii) For a total of 12 cumulative weeks or less during a 12-month
period.

(B) In determining “normal school hours” or periods when
pupils are “normally not in session,” the State Department of Social
Services, where appropriate, shall consider the normal school hours
or periods when pupils are normally not in session for pupils
attending a year-round school.

(2) The program is provided to children who are over four years
and nine months of age and not yet enrolled in school, and the
program is operated during either of the following periods:

(A) For fewer than 16 hours per week.

(B) For a total of 12 cumulative weeks or less during a 12-month
period.

(3) The program is provided to children under four years and
nine months of age with sessions that run 12 hours per week or
less and are 12 weeks or less in duration. A program subject to
this paragraph may permit children to be enrolled in consecutive
sessions throughout the year. However, the program shall not
permit children to be enrolled in a combination of sessions that
total more than 12 hours per week for each child.

(f) Except as set forth in this section, and Sections 18897 and
18897.9, the construction and other standards set forth in this part
are not applicable to an organized day camp.

SEC. 3.  

Section 18897.9 is added to the Health and Safety
Code, immediately following Section 18897.8, to read:

18897.9.  

The State Department of Public Health, in adopting
or amending the rules and regulations pertaining to organized
resident camps and organized day camps under this part, shall
make reasonable efforts to obtain the input and advice of
organizations in the field. All costs incurred by the participating
organizations shall be borne by the organizations themselves. The
department shall implement this section in the most cost-effective
manner deemed feasible.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 18897.1 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

18897.1.  

“Camper” means any person in an organized camp
on a fee or nonfee basis who is a participant in the regular program
and training of an organized camp, and who may take on duties
relating to such program and training.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 18897.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 18897.1. end insert   

(a) An organized camp shall register annually with
the local public health officer or his or her designee prior to
operation. An organized camp without a fixed location shall
register with the local public health department as an organized
camp in the county in which its business office is located.

(b) (1) An organized camp shall provide the local public health
officer or his or her designee with a copy of its written operating
plan or a written verification that the organized camp is accredited
by the American Camp Association (ACA) and that describes the
program of organized and supervised activities of the camp as
specified in regulation.

(A) An organized camp shall file its operating plan with the
local public health officer or his or her designee at least 60 days
prior to operation of the camp.

(B) Within 45 days, the local public health officer or his or her
designee shall review and acknowledge receipt of the operating
plan.

(C) The local public health officer may charge a fee for the
review of an operating plan that shall not exceed the actual cost
of plan review. Upon receipt of the local public health officer's
determination, a camp shall post a copy of the certification in a
conspicuous location on the camp premises, and on the camp's
Internet Web site, if applicable.

(D) A camp operation plan is deemed approved if a camp has
not received approval from the local public health department
within 60 days.

(2) Complaints may be filed with the local public health officer
or his or her designee and may be made either orally or in writing
to the local public health officer. Unless the local public health
officer determines that the complaint is willfully intended to harass
an organized camp or is without any reasonable basis, the local
public health officer shall conduct an investigation of the complaint
within 30 days.

(A) A summary and explanation of violations shall be given to
the camp within 30 days of conducting a complaint investigation.

(B) If a complaint investigation is not made, a citation shall not
be imposed on the camp.

(C) A camp that has been cited for failing to meet legal
requirements has the right to appeal a citation to the local health
department. The local health department shall respond to the
appeal within 30 days, after which time, the appeal determination
shall be final.

(c) (1) (A) An organized camp shall not employ or accept the
volunteer services of any person under 28 years of age who may
have contact with children at the camp, unless he or she has had
a fingerprint-based criminal offender record information
background check. An organized camp shall submit all potential
employees and volunteers under 28 years of age to the Department
of Justice for a state and federal level background check pursuant
to Section 11105.3 of the Penal Code and request subsequent
notification service pursuant to Section 11105.2 of the Penal Code,
from the Department of Justice.

(B) If the organized camp finds that the applicant has been
convicted or is awaiting trial for any crime specified in clause (i)
of subparagraph (C) of paragraph (1) of subdivision (g) of Section
1522, the organized camp may not grant an exemption.

(2) (A) An organized camp shall not employ or accept the
volunteer services of any person over 28 years of age who may
have contact with children at the camp, unless he or she has had
a fingerprint-based criminal offender record information
background check.

(B) If the organized camp finds that the applicant has been
convicted or is awaiting trial for any crime specified in clause (i)
of subparagraph (C) of paragraph (1) of subdivision (g) of Section
1522, the organized camp may not grant an exemption.

(C) An organized camp shall submit to the Department of Justice
fingerprint images and related information of all potential
employees and volunteers 28 years of age or older required by the
department for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions
and state or federal arrests and also information as to the existence
and content of a record of state or federal arrests for which the
Department of Justice establishes that the person is free on bail
or on his or her own recognizance pending trial or appeal.

(i) The Department of Justice shall forward to the Federal
Bureau of Investigation requests for federal summary criminal
history information received pursuant to this paragraph. The
Department of Justice shall review the information returned from
the Federal Bureau of Investigation and compile and disseminate
a fitness determination to the organized camp.

(ii) The Department of Justice shall provide a state or
federal-level response or fitness determination to the organized
camp pursuant to paragraph (1) of subdivision (p) of Section 11105
of the Penal Code.

(iii) The organized camp shall request from the Department of
Justice subsequent notification service pursuant to Section 11105.2
of the Penal Code.

(3) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this
subdivision.

(d) A violation of this section is a misdemeanor.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 18897.8 is added to the end insert begin insert Health and Safety
Code end insert begin insert , end insert immediately following Section 18897.7 begin insert , to read: end insert

begin insert

begin insert 18897.8. end insert   

The State Department of Public Health, in adopting
or amending the rules and regulations pertaining to organized
resident camps and organized day camps under this part, shall
make reasonable efforts to obtain the input and advice of
organizations in the field. All costs incurred by the participating
organizations shall be borne by the organizations themselves. The
department shall implement this section in the most cost-effective
manner deemed feasible.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.