Amended in Assembly August 4, 2014

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 Sections 1596.793 and 18897 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, 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 recast those provisions and instead define an “organized camp,” an “organized resident camp,” and an “organized day camp,” as specified. The bill would require an organized camp to register annually with the local public health officer, and provide the local public health officer with its written operating plan, or written verification that the camp is accredited by the American Camp Association at least 60 days prior to operation of the camp. The bill would provide that failure to comply with these provisions is a misdemeanor. The bill would authorize the local health officer to assess related begin insert review and investigation end insert fees.

This bill would 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.

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.

This bill would require the department, in begin insert adopting or end insert amending the rules and regulations pertaining to organized camps, to begin insert make reasonable efforts to end insert 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:

SECTION 1.  

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

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
organized camps established pursuant to Part 2.4 (commencing
with Section 18897) of Division 13. 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), and
Chapter 3.6 (commencing with Section 1597.30).

SEC. 2.  

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 camp that operates seasonally to begin delete provides end delete
begin insert provide end insert group-based recreation and expanded learning
opportunities with social, spiritual, educational, or recreational
programs and services on a seasonal basis.

(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.

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

(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.

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

(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.

begin delete

(3)

end delete

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

(b) “Organized resident camp” means a site or sites with
programs and facilities established for the primary purposes of
providing group living experiences and that provides overnight
stays during one or more seasons of the year, excluding field trips
as provided for under subparagraph (B) of paragraph (2) of
subdivision (c).

(c) (1) “Organized day camp” means a program that is
established for the primary purpose of providing group experiences
for children under 18 years of age during the day between the hours
of 6 a.m. and 8 p.m.

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

(A) Transport campers to parks, beaches, campsites, and other
locations for activities.

(B) Provide for offsite field trips for no more than three
consecutive days. Any organized day camp that provides offsite
field trips for more than two consecutive nights shall be considered
an organized resident camp.

(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.

SEC. 3.  

Section 18897.1 of the Health and Safety Code is
repealed.

SEC. 4.  

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

18897.1.  

(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 begin insert , for compliant investigations, and for
compliant appeal end insert begin insert s end insert that shall not exceed the actual cost of begin delete plan
review. end delete begin insert these activities. end insert Upon receipt of the local public health
officer’s determination, a camp shall post a copy of the begin delete certification end delete
begin insert plan end insert 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 begin insert concerning health and safety violations, as
established in the rules and regulations establishing minimum
standards for organized camps, end insert 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.

SEC. 5.  

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

18897.8.  

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.

SEC. 6.  

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.