Bill Text: CA SB737 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 737	AMENDED
	BILL TEXT

	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   Section 18897.8  to, the Health and
Safety Code, relating to organized camps.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 737, as amended, Walters. Organized camps.
   (1) 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.
   This 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  .
   (2) 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.
   (3) 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 day camp to develop an operating plan and file the plan
with the local health officer. The bill would require the officer to
acknowledge receipt of the plan within 30 days. By imposing a new
duty on local public health officials, the bill would impose a
state-mandated local program. The bill would also require an
organized day camp to comply with new procedures in order to maintain
its exempt status from specified sales and use taxes. 
   (4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 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, a
program 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. 2.  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,
Boy Scouts, Boys and Girls Clubs, Camp Fire, Inc., organized camps,
organized day camps, or similar organizations. Nonprofit
organizations, organized camps, businesses or schools that offer
instruction in martial arts, dance, music, fitness, gymnastics,
swimming, or similar activities of less than four hours in duration
are also exempt from childcare licensure. If child day care programs
are conducted by these organizations and the fees are charged for
that specific purpose they are 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. 3.  Section 18897 of the Health and Safety Code is amended to
read:
   18897.  (a) (1) "Organized camp" means a site with program and
facilities established for the primary purposes of providing an
outdoor group 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  are not   shall not be 
required to meet the provisions of this section, but  must
  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 program serving schoolage
children between 4 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 one
season 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. All employees of an organized day camp
 must   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  Sections 18897 to
18897.7, inclusive   this chapter  .
  SEC. 4.  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
officer at least 30 days prior to operation. The local health officer
shall acknowledge receipt of the operating plan within 30 days.
   (b) (1) If an organized 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 officer at least 30 days prior
to construction, and shall also be filed annually thereafter.

  SEC. 5.    Section 18897.9 is added to the Health
and Safety Code, to read:
   18897.9.  In order to maintain its exempt status from sales and
use taxes on meals and food products, an organized camp shall meet
all of the following requirements:
   (a) Conduct regular programs or classes.
   (b) Implement a required attendance policy.
   (c) Hire experienced or qualified instructors or individuals
working under the supervision of such an instructor. 
   SEC. 6.   SEC. 5.  If the Commission on
State Mandates determines that this act contains 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.