Bill Text: CA SB737 | 2011-2012 | Regular Session | Enrolled
Bill Title: Organized camps.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2012-03-01 - Consideration of Governor's veto stricken from file. Veto sustained. [SB737 Detail]
Download: California-2011-SB737-Enrolled.html
BILL NUMBER: SB 737 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY AUGUST 22, 2011
AMENDED IN ASSEMBLY JULY 6, 2011
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE APRIL 5, 2011
INTRODUCED BY Senator Walters
FEBRUARY 18, 2011
An act to amend Section 8484.3 of the Education Code, and to amend
Sections 1596.793 and 18897 of, and to add Sections 18897.8 and
18897.9 to, the Health and Safety Code, relating to organized camps.
LEGISLATIVE COUNSEL'S DIGEST
SB 737, Walters. Organized camps.
(1) Existing law requires the Director of the Department of Public
Health 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.
This bill would require the department, in amending the rules and
regulations pertaining to organized camps, to obtain the input and
advice of organizations in the field.
(2) Existing law permits a participating program operated by a
city, county, or nonprofit organization in the After School Learning
and Safe Neighborhoods Partnership Program to operate for up to 30
hours per week without obtaining a license or special permit
otherwise required under existing law.
The bill would increase the authorization to 60 hours per week and
provide that no individual child can be in care in the program for
more than 30 hours per week.
(3) Existing law regulates the licensure and administration of
day care centers and family day care centers and exempts specified
recreation programs conducted for children from these regulations.
The bill would expand the scope of this exemption.
(4) Existing law establishes minimum standards for the operation,
regulation, and enforcement of organized camps, as defined.
The bill would modify the definition of the term "organized camp."
The bill would define the term "organized day camp" and require an
organized camp and organized day camp to develop an operating plan.
The bill would provide that a director or camp counselor may have
direct supervision of any child if that director or counselor is
registered with a specified child care provider trustline registry,
and, if not so registered, may have direct, unsupervised contact with
a child only after a specified confirmation. This bill would also
strongly encourage a director or counselor to seek a criminal history
check.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Department of Public Health, in amending the rules
and regulations pertaining to organized camps and organized day camps
as set forth in Sections 30700 to 30753, inclusive, of Title 17 of
the California Code of Regulations, shall 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. 2. Section 8484.3 of the Education Code is amended to read:
8484.3. (a) Programs established pursuant to this article shall
not be required to comply with the requirements of other provisions
of this chapter or requirements set forth in Chapter 19 of Division 1
of Title 5 of the California Code of Regulations.
(b) Notwithstanding any other provision of law or regulation, an
After School Education and Safety Program (ASES) operated by a city,
county, or nonprofit organization pursuant to this article may
operate for up to 60 hours per week without obtaining a license or
special permit under Chapter 3.4 (commencing with Section 1596.70) or
Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the
Health and Safety Code. A child shall not be in care in the program
for more than 30 hours per week.
SEC. 3. 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 the YMCA, Girl Scouts
of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire
USA, organized camps, organized day camps, or similar organizations.
SEC. 4. Section 18897 of the Health and Safety Code is amended to
read:
18897. (a) (1) "Organized camp" means a site with programs and
facilities established for the primary purposes of providing an
outdoor group living experience with social, spiritual, educational,
or recreational objectives, for five consecutive days or more during
one or more seasons of the year. An overnight stay is not required to
meet this definition. Programs, retreats, conferences, and events
held on organized camp sites that are less than five consecutive days
in duration shall not be required to meet the provisions of this
section, but shall comply with subdivision (a) of Section 30751 of
Title 17 of the California Code of Regulations. Camps accredited or
operated by organizations including, but not limited to, the YMCA,
Girl Scouts of the USA, Boy Scouts of America, Camp Fire USA, Boys
and Girls Clubs, Salvation Army, and Christian Camp and Conference
Association camps, shall be considered prototypes of an organized
camp.
(2) "Organized day camp" means a site serving schoolage children
up to 17 years of age, inclusive, which operates seasonally during
times when school is not regularly in session. An organized day camp
focuses on group-based recreation and expanded learning opportunities
with social, spiritual, educational, or recreational objectives. An
organized day camp does not typically provide for overnight stays and
frequently transports campers to parks, beaches, camp sites, and
other excursion locations for activities. A qualified program
director who has had at least two seasons of administrative or
supervisory experience at an organized camp and a staff adequate to
carry out the program shall be present at the organized day camp. Day
camps shall use the same counselor-to-camper ratio as that required
of organized camps. All employees of an organized day camp shall have
a criminal record check as specified in subdivision (a) of Section
30751 of Title 17 of the California Code of Regulations.
(3) Membership in any of the following organizations shall also be
indicative of status as an "organized camp" or "organized day camp"
for purposes of this section:
(A) The American Camp Association.
(B) The Association for Environmental and Outdoor Recreation.
(C) Christian Camp and Conference Association.
(D) Western Association of Independent Camps.
(E) The Boy Scouts of America.
(F) The YMCA.
(G) Other similar camping associations.
(b) The terms "organized camp" and "organized day camp" do not
include a motel, tourist camp, trailer park, resort, hunting camp,
auto court, labor camp, penal or correctional camp and do not include
a licensed child care institution or home-finding agency.
(c) The term "organized camp" or "organized day camp" also does
not include any charitable or recreational organization that complies
with the rules and regulations for recreational trailer parks.
(d) Organized camps or organized day camps operated by cities or
counties shall meet the provisions of this chapter.
SEC. 5. Section 18897.8 is added to the Health and Safety Code, to
read:
18897.8. (a) An organized camp or day camp shall develop a
written operating plan and file the plan with the local health
department at least 30 days prior to operation. The local health
department shall acknowledge receipt of the operating plan within 30
days. The acknowledged plan shall be posted, with the accompanying
acknowledgment letter, in a conspicuous location, on camp premises,
and on any available Internet Web site associated with the camp.
(b) (1) If an organized camp or day camp also constructs or
operates educational facilities and programs, which include, but are
not limited to, ropes courses, challenge courses, climbing walls,
rappelling towers, zip lines, canopy tours, or other similar
adventure challenges, the camp shall include in the written operating
plan prepared pursuant to subdivision (a) a provision keeping
campers separated from individuals who use these facilities on a day
use basis, and also provisions that meet the construction and
operating standards of one or more of the following:
(A) The American Camp Association.
(B) The Association of Challenge Course Technology.
(C) Project COPE standards.
(D) An equivalent certification program.
(2) A written operating plan prepared pursuant to this subdivision
shall be filed with the local health department at least 30 days
prior to construction, and shall also be filed annually thereafter.
Camps shall submit their plans and any associated fees to the local
health department by certified mail.
SEC. 6. Section 18897.9 is added to the Health and Safety Code, to
read:
18897.9. If a director or camp counselor is registered with the
trustline registry established pursuant to Chapter 3.35 (commencing
with Section 1596.60) of Division 2, that director or counselor may
have direct supervision of any child. If a director or camp counselor
is not registered with the trustline registry, that director or
counselor may have direct, unsupervised contact with a child only
after the camp owner confirms that he or she is not listed on the
United States Department of Justice National Sex Offender Public
Registry. In addition, a director or counselor is strongly encouraged
to seek a criminal history check from the California Department of
Justice, Bureau of Criminal Identification and Information.
