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 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 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.
   (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 day camp to develop an operating plan and file the plan
with the local health department.  The bill would require the
department 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.  
    (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   no  .


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.
  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. 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.
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. 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
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 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.
   (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 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. 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.