California Senate Bill SB737 Introduced / Bill

 BILL NUMBER: SB 737INTRODUCED BILL TEXT 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, as introduced, 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. (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  30   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. 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  Club, Girls Club, or Camp Fire,   and Girls Clubs, Camp Fire, Inc., organized camps, organized day camps,  or similar organizations  as determined by regulations of the department. Child   .   Nonprofit organizations, organized camps, businesses   or schools that offer instruction in martial arts, dance, music, fitness, gymnastics, swimming, or similar activities are a   lso 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 living experience with social, spiritual, educational, or recreational objectives, for five days or more during one or more seasons of the year.  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 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 and a staff adequate to carry out the program shall be present at the organized day camp.   (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) Other similar camping associations.  (b) The  term   terms  "organized camp"  does   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  does   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. SEC. 4. Section 18897.8 is added to the Health and Safety Code, to read: 18897.8. An organized 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. 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. 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.