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  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 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 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.  
   (1) 
    (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. 
    This 
    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. 
   (2) 
    (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. 
   (3) 
    (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 day camp to develop an operating plan and file the plan
with the local health  officer   department
 . The bill would require the  officer   d
  epartment  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. 
   (4) 
    (5)    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.    The Department of Public Health, in
amending the rules and regulations pertaining to organized 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, including, but not limited to, the
California State Alliance of YMCAs and the California Collaboration
for Youth. 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. 
   SECTION 1.   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, 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.   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
 , Boy Scouts   of the USA, Boy Scouts of
America  , Boys and Girls Clubs, Camp Fire  , Inc.
  USA  , 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 child care
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.   SEC. 4.   Section 18897 of the
Health and Safety Code is amended to read:
   18897.  (a) (1) "Organized camp" means a site with 
program   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  program  
site  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   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. 4.   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
 officer   department  at least 30 days
prior to operation. The local health  officer  
department  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  
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. The local health department shall have 30 days to
review and approve the plans and issue a permit. If the camp does not
receive its permit or confirmation of the approval or denial after
30 days, the plans shall be deemed approved. 
   SEC. 5.   SEC. 6.   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.