California Senate Bill SB443 Amended / Bill

 BILL NUMBER: SB 443AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 7, 2013 AMENDED IN SENATE APRIL 16, 2013 INTRODUCED BY Senator Walters FEBRUARY 21, 2013 An act to amend Section 18897 of, and to add Sections 18897.8 and 18897.9 to, the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 443, as amended, Walters. Organized camps. Existing law requires the  Director of Public Health   State Public Health Officer  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. Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined.  The   This  bill would include "organized resident camp," as defined, and "organized day camp," as defined, within the definition of the term "organized camp." The bill would require an "organized resident camp" and an "organized day camp" to provide written verification that the camp is accredited by the American Camp Association or the Boy Scouts of America or develop a written operating plan and file the plan with the local health officer at least 30 days prior to operation of the camp, would require submissions of an operating plan to the local  public  health officer, would authorize the local health officer to assess related fees, and would require camps operated by a city or a county, or a city and county, to comply with applicable provisions.  The bill would exempt a public recreation program, as defined, from organized camp   regulations.  By imposing these additional requirements upon local  public  health officers and cities and counties, this bill would impose a state-mandated local program. This bill would require an organized day camp to have adequate staff to carry out the program, including, but not limited to, compliance with specified staff training and supervision regulations and a qualified program director present at all times during operation of the camp. The bill would exempt an organized day camp from certain construction and other standards generally applicable to organized resident camps. This bill would require the department, in amending the rules and regulations pertaining to organized camps, to obtain the input and advice of prescribed organizations. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 18897 of the Health and Safety Code is amended to read: 18897. (a) "Organized camp" means an organized resident camp or an organized day camp. (b) (1) "Organized resident camp" means a site  or sites  with programs and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for at least four consecutive overnight stays during one or more seasons of the year. (2) "Organized resident camp" includes, but is not limited to, a camp accredited or operated by the American Camp Association, the YMCA, the Girl Scouts of the USA, the Boy Scouts of America, the Camp Fire USA, the Boys and Girls Clubs of America, the Salvation Army, and the Christian Camp and Conference Association. (c) (1) "Organized day camp" means a program, which may or may not have a fixed site, that is established for the primary purpose of providing outdoor group  living  experiences for children through 17 years of age, and that operates seasonally during times when school is not regularly in session. An organized day camp provides group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational objectives. An organized day camp may transport campers to parks, beaches, campsites, and other excursion locations for activities. An organized day camp may provide for up to three consecutive overnight stays.  An organized day camp shall register with the local health department 30 days prior to operation. A travel camp without a fixed camp site shall register with the local public health department in which its business office is located. An organized day camp shall have a first aid-certified staff member when a health supervisor is not available. An organized day camp may utilize   a health supervisor who either is onsite daily or available by telephone to satisfy the requirements set forth in regulation.  (2) An organized day camp includes, but is not limited to, a camp that is a member of the American Camp Association  (ACA)  , the Association for Environmental and Outdoor Education, the Christian Camp and Conference Association, the Western Association of Independent Camps, the Boy Scouts of America, the YMCA, and other similar camping associations. (d) The terms "organized resident camp" or "organized day camp" do not include sites or programs that are used by couples or groups for counseling, religious retreats, reunions, conferences, and special events, on an intermittent short-term basis of less than four consecutive overnight stays.  A resident camp shall meet the organized camp requirements if it is leased to conduct a traditional camp program. A group that leases an organized re   sident camp for the purpose of conducting a camp session shall comply with all legal requirements applicable to the camp program.  (e) The terms "organized resident camp" and "organized day camp" do not include a hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, or other program or facility subject to occupancy taxes, and do not include licensed child care facilities  or   ,  home-finding agencies , noncamp educational programs operated by museum   s   , or day programs offered by cities, counties, or special districts  . SEC. 2. Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read: 18897.8. (a) An organized resident camp or organized day camp shall provide  written verification that the camp is accredited by the American Camp Association (ACA) or the Boy Scouts of America (BSA) or shall develop a written operating plan and file the plan with the local health officer at least 30 days prior to operation of the camp. The local health officer shall, within 30 days, acknowledge receipt of the verification of the accreditation or the operating plan. A charge shall not be imposed for any camp accreditation acknowledgment. The local health officer may charge a fee for the review of an operating plan, that shall not exceed the actual cost of plan review.  the local public health officer or his or her designee with a copy of its written operating plan that describes the program of organized and supervised activities of the camp as specified in regulation, a copy of its Boy Scout accreditation operating plan, or written verification that the camp is accredited by the American Camp Association (ACA). The organized resident camp or organized day camp shall file the plan or proof of accreditation with the local public health officer or his or her designee at least 30 days prior to operation of the camp. Within 30 days, the local public health officer or his or her designee shall acknowledge the receipt of the verification of the accreditation or the determination upon review and approval or denial of the operating plan. The local public health officer   may charge a fee for the review of an operating plan or for recording the acknowledgment of accreditation that shall not exceed the actual cost of plan review or recording of   acknowledgment of accreditation.  (1) Upon receipt of the local  public  health officer's  acknowledgment   determination  , a camp shall post a copy of the  acknowledgment   determination  in a conspicuous location on the camp premises, and on the camp's Internet Web site. A camp operation plan or proof of accreditation is deemed approved if a camp has not received acknowledgment from the local public health department within 30 days.  (2) The local public health officer  or his or her designee  may  investigate complaints or  inspect a camp and charge a fee for that purpose, not to exceed the actual cost of the visit. A summary and explanation of  charges   violations  shall be given to the camp following the camp visit. If an inspection is not made, charges shall not be imposed on the  camp other than for reviewing an operating plan, if applicable.   camp.  (3) A camp that has been cited for failing to meet legal requirements may appeal that citation to the local health department. (b) If an organized resident camp or organized day camp constructs or operates educational facilities and programs that include ropes courses, challenge courses, climbing walls, repelling towers, zip lines, canopy tours, or other similar adventure challenges, the camp' s written operating plan shall include all of the following: (1) A provision ensuring that campers are kept separated from individuals who use these facilities on a day-use basis. (2) A provision ensuring that oversight of activities is provided by camp staff. (3) A provision that ensures that the construction and operating standards of those facilities and programs are in compliance with the standards established by the  Director of Public Health   State Public Health Officer  pursuant to this part, or are in compliance with standards adopted by one or more of the following if the  Director of Public Health   State Public Health Officer  determines that the following standards are substantially similar to the standards developed by the  director   State Public Health Officer  under this part: (A) The American Camp Association. (B) The Association of Challenge Course Technology. (C) Project COPE. (D) An equivalent certification program. (4) A written operating plan prepared pursuant to this subdivision shall be filed with the local  public  health officer  or his or her designee  at least 30 days prior to construction, and shall also be filed annually thereafter.  A camp shall submit its plans and any associated fees to the local health officer by certified mail.  (c) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or at a youth program. The program director shall be present at all times during operation of the organized day camp. Additionally, an organized day camp and an organized residential camp shall meet the requirements of Section 30751 of Title 17 of the California Code of Regulations. (d) An organized resident camp or an organized day camp operated by a city or a county, or a city and county, shall comply with the relevant provisions of this part.  (e) A public recreation program is exempt from organized camp regulations. For purposes of this section, "public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets any of the following criteria:   (1) (A) The program is operated only during hours other than the normal school hours for kindergarten and grades 1 to 12, inclusive, in the public school district where the program is located or operated only during periods when pupils in kindergarten and grades 1 to 12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods:   (i) For fewer than 16 hours per week.   (ii) For a total of 12 cumulative weeks or less during a 12-month period.   (B) In determining "normal school hours" or periods when pupils are "normally not in session," the State Department of Social Services, where appropriate, shall consider the normal school hours or periods when pupils are normally not in session for pupils attending a year-round school.   (2) The program is provided to children who are over four years and nine months of age and not yet enrolled in school, and the program is operated during either of the following periods:   (A) For fewer than 16 hours per week.   (B) For a total of 12 cumulative weeks or less during a 12-month period.   (3) The program is provided to children under four years and nine months of age with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child.   (e)   (f)  Except as set forth in this section, and Sections 18897 and 18897.9, the construction and other standards set forth in this part are not applicable to an organized day camp. SEC. 3. Section 18897.9 is added to the Health and Safety Code, immediately following Section 18897.8, to read: 18897.9. The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized resident camps and organized day camps under this part, shall make reasonable efforts to obtain the input and advice of organizations in the field. 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. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. However, if the Commission on State Mandates determines that this act contains other 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.