California Senate Bill SB737 Amended / Bill

 BILL NUMBER: SB 737AMENDED 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.