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HB381 ENROLLED
Page 0
HB381
7BLD8EV-2
By Representatives Faulkner, Ledbetter, Hulsey, Crow,
Stringer, Treadaway, Kirkland, DuBose, Moore (P), Pettus,
Underwood, Bedsole, Brinyark, Estes, Wilcox, Stadthagen,
Colvin, Baker, Ingram, Sells, Shirey, Gidley, Lamb, Lovvorn,
Moore (M), Datcher, Morris, Sellers, Yarbrough, Lawrence, Lee,
Clouse, Bracy, Tillman, Jackson, Hendrix, Boyd, Ross, Ensler,
Lands, Travis, Clarke, Hill, Carns, Reynolds, Paramore, Whitt,
Crawford, Standridge, Starnes, Easterbrook, Bolton, Fincher,
McClammy, Gray, Rafferty, McCampbell, England, Chestnut,
Warren, Drummond, Forte, Holk-Jones, Givens, Garrett, Pringle,
Marques, Sorrells, Brown, Smith, Allbright, Rehm
RFD: State Government
First Read: 03-Feb-26
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First Read: 03-Feb-26
Enrolled, An Act,
Regarding camp safety; to provide minimum requirements
for emergency preparedness licensure of residential camp sites
by the Alabama Emergency Management Agency, including staff
retention and training, weather monitoring and communication,
flood and weather safety, and emergency and evacuation plans.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Sarah Marsh Heaven's 27 Camp Safety Act.
Section 2. For purposes of this act, the following
terms have the following meanings:
(1) AGENCY. The Alabama Emergency Management Agency.
(2) CABIN. Any structure in which campers sleep,
including, but not limited to, a cabin, dormitory, or
bunkhouse, regardless of camper capacity.
(3) CAMP. Any dedicated site in the State of Alabama
where campers temporarily gather for recreational, religious,
social, educational, or therapeutic purposes, whether operated
for profit or nonprofit purposes, and which provides cabins
for campers to stay overnight. The term does not include a
dedicated location or structure for hunting or fishing or the
use of available dormitory space or other residences at an
educational institution.
(4) CAMPER. An individual who is 16 years of age or
younger who is present and lodging at a camp for the purpose
of participating in the recreational, religious, social,
educational, or therapeutic activities provided under the
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educational, or therapeutic activities provided under the
supervision of the camp operator and staff.
(5) CAMP OPERATIONS. Physical custody of campers
outside of the presence of parents or legal guardians for a
period of days which requires staying overnight, during which
the camp operator and staff supervise campers' participation
in recreational, religious, social, educational, or
therapeutic activities.
(6) CAMP OPERATOR. a. The term includes:
1. An individual or entity that administers camp
operations, including the provision of staff, regardless of
any ownership interest in the camp operations, assets,
personal property, or the site on which the camp is located.
2. An individual or entity that maintains a camp that
includes staff members who may service dining, recreational,
or other facilities, but which otherwise does not administer
camp operations and leases the camp to other organizations to
conduct camp operations.
b. The term does not include any of the following:
1. An organization that leases a camp from a camp
operator for the purpose of administering camp operatons.
2. An individual or entity that leases a camp for a
retreat, seminar, or training in which the majority of
participants are individuals who are 19 years of age or older.
3. An individual or entity that operates a conference
center, hotel, or resort that is leased by individuals or
entities, but is not responsible for custodial oversight of
the guests.
4. An owner of land that leases the land to a camp
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4. An owner of land that leases the land to a camp
operator but does not engage itself in camp operations on the
land.
(7) EMERGENCY PREPAREDNESS LICENSE. The license issued
by the agency to a camp operator which certifies that a camp
complies with this act.
(8) FLOODPLAIN. Any area within a 100-year floodplain
as designated by the Federal Emergency Management Agency
pursuant to the National Flood Insurance Act of 1968, 42
U.S.C. § 4001 et seq., including a letter of map revision
based on fill, or a similar administrative process by the
Federal Emergency Management Agency.
(9) LOCAL ORGANIZATION. The local organization for
emergency management as authorized in Section 31-9-10, Code of
Alabama 1975.
(10) STAFF MEMBER. An individual who is retained on an
employment, contractual, or volunteer basis by a camp operator
to provide camp operations, including security, maintenance,
orientation, organization, scheduling, instruction,
hospitality, emotional support, counseling, worship, meals or
refreshments, first aid, or supervision of recreation, sports,
or crafts.
Section 3. (a) On and after January 1, 2027, a camp
operator shall apply for and obtain an emergency preparedness
license in accordance with the requirements of this act as a
condition for conducting camp operations.
(b) An emergency preparedness license shall be valid
for a period of five years from the date of approval, unless a
camp operator within that period makes a material change to
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camp operator within that period makes a material change to
the camp as described in subsection (c).
(c) A supplemental application to maintain an emergency
preparedness license that has been issued shall be submitted
at any time within 45 days of any of the following material
changes to the camp:
(1) The boundaries of the camp are altered.
(2) The number of cabins is increased.
(3) Any renovation to an existing cabin which results
in an increase of more than three in camper capacity.
(d)(1) When granting an approval to an application for
an emergency preparedness license, the agency shall include in
the notice of approval to the camp operator the date on which
the five-year period shall expire, which shall be the deadline
by which the license shall be renewed by submission of a
supplemental application.
(2) If a camp operator submits a supplemental
application to maintain an emergency preparedness license in
compliance with subsection (c), upon approval of the
supplemental application, the agency may extend the deadline
required under subdivision (1), but no extension may be made
for a period longer than five years from the date of approval
of the supplemental application.
(3) No less than 90 days before the deadline set by the
agency under subdivision (1) or subdivision (2), the agency
shall remind the camp operator by a written and digital notice
of the deadline for submission of the supplemental application
for renewal of the license. Notwithstanding the deadline, a
license shall remain valid pending the agency's determination
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license shall remain valid pending the agency's determination
to renew the license on a supplemental application that is
submitted no later than the deadline.
(e) No camp operator may apply for an emergency
preparedness license without presenting documentation to the
agency: (i) that the camp is regulated by the Alabama
Department of Public Health for the sanitation of food
preparation and lodging facilities as evidenced by a valid
permit; and (ii) that the camp and camp operations are covered
by liability insurance.
(f) When an initial application is submitted for an
emergency preparedness license, within 90 days the agency
shall notify the camp operator of the determination approving
or disapproving the application.
(g) The agency may prescribe by rule the conditions
required to implement the application and approval period
conditions required in this section, and shall develop
application forms and written instructions to a camp operator
for documentation necessary to substantiate compliance with
each section of this act.
(h) If a camp operator administers camp operations at
more than one camp, a separate emergency preparedness license
shall be required for each camp.
(i) The agency shall post, maintain, or update on the
agency's website a list of each camp that has a valid license
pursuant to this act.
Section 4. (a) No individual may be retained by a camp
operator as a staff member who has been convicted of a crime
that involves a sexual or violent act, including those
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that involves a sexual or violent act, including those
unlawful under Chapter 6 of Title 13A, Code of Alabama 1975,
as disclosed by the Alabama State Law Enforcement Agency or a
contractor that is: (i) recognized as reliable among
professional camping organizations to perform criminal history
background checks on prospective staff members; or (ii) is
approved by the agency.
(b) Each camp operator shall submit to the agency a
list of staff members retained by a camp: (i) in the initial
emergency preparedness license application; or (ii) any
supplemental application for renewal of the license due to
expiration of an application deadline set by the agency
pursuant to Section 3(d).
Section 5. (a) As of January 1, 2027, no camp operator
shall construct or expand a cabin located in a floodplain.
(b) Notwithstanding subsection (a), the agency shall
approve the continued operation of an existing cabin located
in a floodplain if the camp operator demonstrates to the
agency all of the following:
(1) The lowest finished floor elevation of the cabin is
at least two feet above the applicable base flood elevation.
Where a base flood elevation is not provided, the camp
operator shall obtain and utilize the best available flood
data to determine flood risk for the affected cabin.
(2) One or more high-water markers (HWM) as needed,
based upon on-the-ground measures and real-time conditions,
are installed at appropriate locations near the affected
cabin.
(3) The cabin is not located within a designated
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(3) The cabin is not located within a designated
regulatory floodway as identified on the most current flood
hazard map published by the Federal Emergency Management
Agency (FEMA).
(4) The emergency plan required under Section 8
includes enhanced evacuation procedures specific to flood
risk.
(c) Any cabin located or to be located in a camp that
is located in or contiguous to a zone mapped by FEMA as zone V
or zone VE in a coastal high hazard area is exempt from the
provisions of this section regardless of the FEMA zone
classification in which the cabin is located.
Section 6. As a condition for receiving an emergency
preparedness license, a camp shall operate with all of the
following equipment or capabilities:
(1) A NOAA Weather Radio that transmits "all-hazards"
notifications.
(2) A protocol to alert essential staff members of an
emergency, including a redundant procedure that does not rely
on text messaging or cellular service.
(3) A notification system that does not rely on an
Internet connection and that is capable of providing an alarm
and notification of an emergency which is audible both indoors
and outdoors to staff members and campers.
Section 7. Each camp shall have as many designated
sheltering spaces as are necessary to afford capacity for the
maximum number of campers and staff members who are overnight
residents.
Section 8. (a) The agency shall not approve an
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Section 8. (a) The agency shall not approve an
emergency preparedness license for a camp unless the camp
maintains an emergency plan that provides for the protection
and safety of campers and complies with the requirements of
this section.
(b) An emergency plan shall contain procedures for
responding to all of the following situations:
(1) A lost camper.
(2) A fire on camp premises.
(3) A severe illness, injury, or death of a camper,
staff member, or visitor which occurs on camp premises or
while under the supervision of a staff member.
(4) An incident or condition involving a watercourse,
lake, or pond within or near the camp.
(5) A warning of impending severe weather, such as
torrential rain, hail, thunderstorm, or a tornado.
(6) An outbreak of sickness or an epidemic.
(7) An unauthorized individual on the campsite.
(8) Any natural disaster that threatens life or
property.
(9) An emergency or incident related to transportation
of campers or staff members during the days of a camp session.
(c) An emergency plan shall designate one or more
locations for campers and staff members to gather in case of
an emergency that requires an evacuation of the camp or a
shelter in place.
(d)(1) An emergency plan shall contain a procedure for
responses to emergency threats as applicable to the camp as
listed in subsection (b), which shall include, but not be
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listed in subsection (b), which shall include, but not be
limited to, both of the following:
a. Communication to campers and staff members on use of
prescribed evacuation routes.
b. Procedures for nighttime evacuation.
(2) The agency may prescribe that each camp have one or
more staff members to be the designated emergency preparedness
coordinators to monitor weather conditions, act as liaison
with the local organization, and ensure compliance with staff
training pursuant to Section 10(c)(2).
(e) An emergency plan shall contain a procedure to
shelter in place in case of a tornado, a severe thunderstorm
warning, or other sudden threat in which evacuation is
impractical or increases the risk of harm to campers.
(f) The procedures developed pursuant to subsections
(b) through (e) shall include all of the following:
(1) A protocol for identifying and accounting for each
camper affected by the emergency event.
(2) Notification of the local organization, with a
provision for ongoing communication with the local
organization as conditions unfold during an emergency.
(3) Ongoing communication between the camp operator and
all essential staff members pursuant to Section 6(2).
(4) Notification to each parent or legal guardian of a
camper of the emergency event and the safety measures taken as
soon as reasonably possible in relation to the emergency.
(g) In the preparation of an emergency plan, a camp
operator or emergency preparedness coordinator may consult
with the local organization, the agency, the American Camp
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with the local organization, the agency, the American Camp
Association, or another professional group for camps
concerning the implementation of best practices.
Section 9. (a)(1) A camp operator shall submit the
emergency plan required in Section 8 to the agency for
approval with the initial application for an emergency
preparedness license.
(2) The plan shall be updated or amended if a
supplemental application to maintain an emergency preparedness
license is required pursuant to Section 3(c) and included with
the supplemental application as a condition for approval.
(3) If the plan is updated or amended for any reason
other than for a mandatory condition pursuant to Section 3(c),
the updated plan shall be submitted within 10 days of the
update or amendment to the agency for approval, and the agency
may dispense with resubmission of the updated or amended plan
with the next required supplemental application for a renewal
license in compliance with a deadline set by the agency
pursuant to Section 3(d).
(4) If the agency determines that the emergency plan
does not meet the minimum standards prescribed by Section 8,
the agency shall notify the camp operator of the plan's
deficiencies, and the camp operator shall remedy and resubmit
a revised plan no later than 90 days after receiving the
notice.
(5) Upon approval by the agency, the agency shall also
provide a copy of an updated or amended version of the
emergency plan to the local organization.
(b) The agency shall store the most recent version of
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(b) The agency shall store the most recent version of
an approved emergency plan in a digital database.
Section 10. (a)(1) Upon request by a parent or legal
guardian of a registered camper, a camp operator shall
provide: (i) a copy of the camp's current emergency
preparedness license; and (ii) a short, written summary of the
camp's emergency procedures.
(2) Upon request by a parent or legal guardian of a
prospective camper, a camp operator shall provide a copy of
the camp's emergency preparedness license.
(3) Upon request by a parent or legal guardian of a
registered or prospective camper, a camp operator shall
provide notice of any cabin that is located on a floodplain.
(b) Not more than 24 hours after the start of a camp
session, the camp operator and staff members shall conduct a
mandatory safety orientation that includes all of the
following information:
(1) The camp's boundaries and any hazards present on
camp premises.
(2) Developmentally appropriate instruction on the
appropriate actions, including evacuation procedures, to take
in case of an emergency event which conform to the emergency
plan.
(c)(1) Each staff member shall participate in a review
of the most recent version of the camp's emergency plan at
least once a year or upon approval of the agency of an
amendment or update to the plan pursuant to Section 9(a).
(2) Each staff member shall successfully complete
annual training on the proper procedures to follow according
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annual training on the proper procedures to follow according
to the emergency plan.
(3) A camp operator shall maintain a written or digital
record documenting each staff member's successful completion
of the training required under subdivision (2).
(d)(1) A camp operator as defined in Section 2(6)a.2.,
shall require, by lease or contract, that an organization that
is using the camp to administer camp operations do all of the
following:
a. Verify that the staff members supplied by the
organization to administer camp operations have been subjected
to a criminal history background check as provided in Section
4(a).
b. Agree that the staff members supplied by the
organization to administer camp operations shall familiarize
themselves with the camp operator's emergency plan and plan
for evacuation.
c. Agree that the staff members supplied by the
organization to administer camp operations, within 24 hours of
the arrival of campers, shall provide developmentally
appropriate instruction to the campers on the appropriate
actions to take during an emergency event which conform to the
camp operator's emergency plan.
(2) The emergency preparedness coordinator designated
by the camp operator pursuant to Section 8(d)(2) shall provide
an orientation and review of the camp emergency and evacuation
plans to the staff members supplied by the organization to
administer camp operations upon their arrival at the camp.
Section 11. (a) An agency disapproval of an initial or
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Section 11. (a) An agency disapproval of an initial or
supplemental application for an emergency preparedness
license, including disapproval of an emergency plan, shall
specify in writing the condition or requirement in this act or
in an agency rule which the applicant failed to meet or
satisfy with sufficient detail that the applicant may
understand the action or measure required to remedy the
deficiency.
(b)(1) Any applicant, upon receipt of an agency
disapproval under subsection (a), may submit a written appeal
to the director of the agency within 30 days of receiving the
decision of disapproval for reconsideration. The applicant may
include with the appeal a written explanation as to why the
application or submission should be approved. The director may
afford the applicant an informal hearing to explain the reason
the application or submission should be approved.
(2) Upon reconsideration, the director may:
a. Reverse the decision based on the applicant's
written explanation or information gathered at an informal
hearing; or
b. Uphold the decision based on the applicant's written
explanation or information gathered at an informal hearing.
(3) The decision of the agency director pursuant to
subdivision (2) shall be final but without prejudice to the
applicant's right to again apply for approval at any time.
(c) The agency may adopt rules to govern appeals, with
criteria for granting a variance to a condition or requirement
when an applicant demonstrates that the measures being planned
or implemented otherwise protect the safety of campers.
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or implemented otherwise protect the safety of campers.
Section 12. (a) The agency may inspect a camp to verify
compliance. Except in an emergency, or when responding to a
specific, credible complaint alleging noncompliance or unsafe
conditions, the agency shall conduct the inspection at a time
agreed upon with the camp operator.
(b) An inspection shall be limited to verifying
required documentation, staff member training records, and the
on-site availability of safety plans approved by the agency.
Section 13. (a) A Youth Camp Safety Advisory Council
(advisory council) is established as an independent council to
advise the agency on the implementation of the requirements of
this act: (i) during the period between the passage of this
act and January 1, 2027; and (ii) on an ongoing basis after
the act takes effect. This council shall be advisory only and
shall have no independent regulatory authority.
(b)(1) The membership of the advisory council shall
consist of all of the following:
a. The Director of the Alabama Emergency Management
Agency, or his or her designee.
b. A representative of the Alabama Department of Public
Health, to be appointed by the State Health Officer.
c. The Chief of the Alabama Office of Water Resources
of the Alabama Department of Economic and Community Affairs,
or his or her designee.
d. The Secretary of the Alabama State Law Enforcement
Agency, or his or her designee.
e. Two representatives from the Association of Alabama
Camps, to be appointed by the president.
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Camps, to be appointed by the president.
f. A representative from the Alabama Association of
Rescue Squads, to be appointed by the executive board
director.
g. A representative from the Campaign for Camp Safety
who is a resident of the state and who has attended a camp in
the state or has a child or close relative who is attending a
camp in the state, to be chosen by the membership.
h. A representative from the Alabama Association of
Emergency Managers.
i. A representative from the YMCA who is experienced in
camping matters, to be appointed by the Governor.
j. A representative from Scouting America who is
experienced in camping matters, to be appointed by the
Governor.
k. A representative from Camp McDowell, to be appointed
by the board of directors of the camp.
(2) Appointments to the advisory council shall be
coordinated to assure that council membership is inclusive and
reflects the racial, gender, geographic, urban, rural, and
economic diversity of the state.
(3) Members from state departments or agencies shall
serve terms that coincide with their respective offices or
appointments. No individual shall continue to serve on the
advisory council when he or she or, if applicable, the
designating officer, no longer serves in the office to which
he or she was appointed.
(4) Members shall serve without compensation and be
reimbursed by their respective departments or agencies or, if
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reimbursed by their respective departments or agencies or, if
applicable, according to the policy of their respective
organizations.
(c)(1) The advisory council shall hold an
organizational meeting in person no later than 45 days after
the enactment of this section at the call of the chair, who
shall be the Director of the Alabama Emergency Management
Agency, or his or her designee.
(2) At the organizational meeting, the council shall
elect a cochair, who shall be one of representatives from the
Association of Alabama Camps.
(3) After the organizational meeting, the advisory
council shall meet at the call of the chair and proceedings
may be conducted by electronic means.
(4) The advisory council shall meet as necessary to
fulfill the responsibilities described in subsection (a).
(d) The advisory council shall dissolve three years
from the date this section takes effect.
Section 14. Nothing in this act shall be interpreted to
change any element of civil liability with respect to any
possible claim against a camp nor create a cause of action
solely for a violation of this act.
Section 15. The agency is authorized to adopt rules
necessary to implement, administer, and enforce the
requirements of this act, and may not adopt any rules that
expand the scope of this act or which impose additional duties
not expressly provided for herein.
Section 16. This act shall become effective on January
1, 2027, except Section 13 shall take effect immediately upon
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1, 2027, except Section 13 shall take effect immediately upon
approval by the Governor.449
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approval by the Governor.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 17-Feb-26, as amended.
John Treadwell
Clerk
Senate 31-Mar-26 Amended and Passed
House 31-Mar-26 Concurred in Senate
Amendment
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