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SB-443 Organized camps.(2013-2014)

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SB443:v95#DOCUMENT

Amended  IN  Assembly  August 04, 2014
Amended  IN  Assembly  June 25, 2014
Amended  IN  Assembly  August 07, 2013
Amended  IN  Senate  April 16, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 443

Introduced by Senator Walters

February 21, 2013

An act to amend Sections 1596.793 and 18897 of, to add Section 18897.8 to, and to repeal and add Section 18897.1 of, the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 443, as amended, Walters. Organized camps.
Existing law requires the 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.
This bill would recast those provisions and instead define an “organized camp,” an “organized resident camp,” and an “organized day camp,” as specified. The bill would require an organized camp to register annually with the local public health officer, and provide the local public health officer with its written operating plan, or written verification that the camp is accredited by the American Camp Association at least 60 days prior to operation of the camp. The bill would provide that failure to comply with these provisions is a misdemeanor. The bill would authorize the local health officer to assess related review and investigation fees.
This bill would prohibit an organized camp from employing or accepting the volunteer services of any person unless he or she has had a fingerprint-based criminal offender record information background check, as specified. The bill would provide that failure to comply with these provisions is a misdemeanor.
Because this bill would impose additional requirements upon local public health officers and cities and counties, and because the bill would create new crimes, it would impose a state-mandated local program.
This bill would require the department, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 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 organized camps established pursuant to Part 2.4 (commencing with Section 18897) of Division 13. However, child day care programs conducted by these organizations and the fees charged for those purposes shall be 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. 2.

 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 that operates seasonally to provides provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational programs and services on a seasonal basis.
(1) A group that leases an organized camp for the purpose of conducting a camp for children under 18 years of age shall comply with this part.
(2) An “organized camp” does not include any of the following:
(A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, or other program or facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750.
(B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks.
(C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays.

(3)

(D) Programs offered by cities, counties, or special districts that comply with subdivision (c) of Section 18897.1.
(b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (2) of subdivision (c).
(c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day between the hours of 6 a.m. and 8 p.m.
(2) An organized day camp may do all of the following:
(A) Transport campers to parks, beaches, campsites, and other locations for activities.
(B) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp.
(d) “Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp, and who may take on duties relating to that program and training.

SEC. 3.

 Section 18897.1 of the Health and Safety Code is repealed.

SEC. 4.

 Section 18897.1 is added to the Health and Safety Code, to read:

18897.1.
 (a) An organized camp shall register annually with the local public health officer or his or her designee prior to operation. An organized camp without a fixed location shall register with the local public health department as an organized camp in the county in which its business office is located.
(b) (1) An organized camp shall provide the local public health officer or his or her designee with a copy of its written operating plan or a written verification that the organized camp is accredited by the American Camp Association (ACA) and that describes the program of organized and supervised activities of the camp as specified in regulation.
(A) An organized camp shall file its operating plan with the local public health officer or his or her designee at least 60 days prior to operation of the camp.
(B) Within 45 days, the local public health officer or his or her designee shall review and acknowledge receipt of the operating plan.
(C) The local public health officer may charge a fee for the review of an operating plan, for compliant investigations, and for compliant appeals that shall not exceed the actual cost of plan review. these activities. Upon receipt of the local public health officer’s determination, a camp shall post a copy of the certification plan in a conspicuous location on the camp premises, and on the camp’s Internet Web site, if applicable.
(D) A camp operation plan is deemed approved if a camp has not received approval from the local public health department within 60 days.
(2) Complaints concerning health and safety violations, as established in the rules and regulations establishing minimum standards for organized camps, may be filed with the local public health officer or his or her designee and may be made either orally or in writing to the local public health officer. Unless the local public health officer determines that the complaint is willfully intended to harass an organized camp or is without any reasonable basis, the local public health officer shall conduct an investigation of the complaint within 30 days.
(A) A summary and explanation of violations shall be given to the camp within 30 days of conducting a complaint investigation.
(B) If a complaint investigation is not made, a citation shall not be imposed on the camp.
(C) A camp that has been cited for failing to meet legal requirements has the right to appeal a citation to the local health department. The local health department shall respond to the appeal within 30 days, after which time, the appeal determination shall be final.
(c) (1) (A) An organized camp shall not employ or accept the volunteer services of any person under 28 years of age who may have contact with children at the camp, unless he or she has had a fingerprint-based criminal offender record information background check. An organized camp shall submit all potential employees and volunteers under 28 years of age to the Department of Justice for a state and federal level background check pursuant to Section 11105.3 of the Penal Code and request subsequent notification service pursuant to Section 11105.2 of the Penal Code, from the Department of Justice.
(B) If the organized camp finds that the applicant has been convicted or is awaiting trial for any crime specified in clause (i) of subparagraph (C) of paragraph (1) of subdivision (g) of Section 1522, the organized camp may not grant an exemption.
(2) (A) An organized camp shall not employ or accept the volunteer services of any person over 28 years of age who may have contact with children at the camp, unless he or she has had a fingerprint-based criminal offender record information background check.
(B) If the organized camp finds that the applicant has been convicted or is awaiting trial for any crime specified in clause (i) of subparagraph (C) of paragraph (1) of subdivision (g) of Section 1522, the organized camp may not grant an exemption.
(C) An organized camp shall submit to the Department of Justice fingerprint images and related information of all potential employees and volunteers 28 years of age or older required by the department for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.
(i) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this paragraph. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a fitness determination to the organized camp.
(ii) The Department of Justice shall provide a state or federal-level response or fitness determination to the organized camp pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(iii) The organized camp shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 of the Penal Code.
(3) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this subdivision.
(d) A violation of this section is a misdemeanor.

SEC. 5.

 Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read:

18897.8.
 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. 6.

 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.