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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3142
103RD GENERAL ASSEMBL Y
6570H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 210, RSMo, by adding thereto one new section relating to overnight and
residential camps, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 210, RSMo, is amended by adding thereto one new section, to be
2 known as section 210.1700, to read as follows:
210.1700. 1. This section shall be known and may be cited as "TJ and Heaven's
2 27 Camp Safety Act".
3 2. As used in this section, the following terms mean:
4 (1) "Cabin" or "cabins", structures used to pro vide temporary sleeping
5 quarters for campers;
6 (2) "Camper" or "campers", minors who are attending an overnight camp or
7 r esidential camp on a day care or boarding basis;
8 (3) "Dir ector", the dir ector of the department of social services;
9 (4) "Department", the department of social services;
10 (5) "Flood plain", any area within a one-hundr ed-year flood plain, as designated
11 by the Federal Emergency Management Agency . "Flood plain" includes any ar ea
12 r emoved fr om the one-hundred-year flood plain by a letter of map amendment, a letter
13 of map revision based on fill, or a substantially similar administrative proc ess conducted
14 by the Federal Emergency Management Agency;
15 (6) "Floodway", an ar ea identified on the most recen t flood hazard map
16 published by the Federal Emergency Management Agency;
17 (7) "Governmental entity", this state or a state agency or political subdivision of
18 this state;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (8) "Minor", a person under eighteen years of age;
20 (9) "Overnight camp", a pr ogram operated by a person or organization that
21 includes the hours between 9:00 p.m. and 6:00 a.m. but not for two or mor e sequential
22 overnights;
23 (10) "Residential camp", a pr ogram operated by a person or organization that
24 includes the hours between 9:00 p.m. and 6:00 a.m. for two or mor e sequential
25 overnights.
26 3. (1) No person or organization shall establish, maintain, or operate an
27 overnight camp or res idential camp for minors, or to advertise or hold himself or herself
28 or itself out as being able to perform any of the services pr ovided under this section,
29 without having in effect a written license granted by the department.
30 (2) Every overnight camp or r esidential camp shall disclose the licensur e status
31 of the camp to the paren ts or guardians of the minors for which the camp provi des a
32 r ecreat ional pr ogram.
33 (3) Nothing in this subsection shall pr event the department fr om promul gating
34 rules or r egulations rel ating to supervision requ irem ents and capacity limitations for
35 overnight camps or res idential camps.
36 4. (1) The department shall have the following powers and duties:
37 (a) After inspection, to grant licenses to persons to operate an overnight camp or
38 r esidential camp if satisfied as to the good character and intent of the applicant and that
39 such applicant is qualified and equipped to rend er services to minors at the camp. Each
40 license shall specify the effective date;
41 (b) T o inspect the conditions of the overnight camp or res idential camp; inspect
42 the camp's premis es and minors being served; or deny , suspend, place on prob ation, or
43 r evoke the license of any person or organization that fails to obey the pr ovisions of this
44 section or the rules and regul ations made by the department;
45 (c) T o pr omulgate and issue rules and regula tions the department deems
46 necessary or prop er in order to establish standards of service and care to be ren dered by
47 such licensees; and
48 (d) T o determine what records shall be kept by such persons and organizations
49 and the form ther eof, and the methods to be used in keeping such record s.
50 (2) The department may deny an application for a license if the department
51 determines that an overnight camp or re sidential camp would operate such camp in an
52 unsafe or hazardous manner . The department may , after inspection, find the licensur e,
53 denial of licensur e, suspension, or r evocation to be in the best interes t of the state.
54 5. A person holding a license issued under this section shall:
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55 (1) Renew the license annually by submitting a ren ewal application on a date
56 determined by department rule on a form pr ovided by the department; and
57 (2) Submit a renewa l application no later than the thirtieth day after the date the
58 person:
59 (a) Alters the boundaries of an overnight camp or res idential camp operated by
60 the person; or
61 (b) Completes any renova tion to one or mor e existing cabins located on the
62 pr emises of the camp that:
63 a. Increas es or decreases the number of beds in an affected cabin; or
64 b. Alters the method of ingr ess or egr ess to an affected cabin.
65 6. (1) The department shall not issue a license or ren ew a license for an
66 overnight camp or resi dential camp under this section if the overnight camp or
67 r esidential camp operator is not in compliance with subsection 10 of this section or a
68 rule adopted under such subsection.
69 (2) The department shall suspend an overnight camp or res idential camp license
70 issued by the department if the overnight camp or res idential camp operator is in
71 violation of subsection 10 of this section. The department may r einstate the license only
72 on or after the date the department determines the overnight camp or res idential camp
73 and the operator are in compliance with subsection 10 of this section.
74 7. (1) Each overnight camp or res idential camp staff member or volunteer who
75 is eighteen years of age or older shall be subject to criminal backgr ound check.
76 (2) Each overnight camp or res idential camp shall have at least one staff
77 member who has certified training in cardiopulmonary res uscitation.
78 8. The department shall r eview the camper -to-counselor ratios for overnight
79 stays at overnight camps or r esidential camps and provide to the dire ctor
8 0 r ecommendations rega rding minimum camper -to-counselor ratios. The dir ector , by
81 rule, shall establish minimum camper -to-counselor ratios for overnight stays at
82 overnight camps, or res idential camps when applicable.
83 9. The department shall investigate each complaint filed with the department for
84 an overnight camp or res idential camp to ensur e that the overnight camp or res idential
85 camp operator is pro perly implementing the camp's approv ed emergency plan
86 submitted as requ ired under subsection 10 of this section.
87 10. (1) Each overnight camp or res idential camp shall comply with all fir e,
88 safety , health, and sanitation inspections that may be re quir ed by state law or local
89 ordinance.
90 (2) The dire ctor , by rule, shall req uire an overnight camp or r esidential camp
91 operator in the emergency plan to do the following:
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92 (a) Specify muster zones for campers and camp staff to gather in an emergency
93 event that req uires evacuation fr om any location within the premis es of the camp;
94 (b) Establish pro cedur es for res ponding to an emergency event, including:
95 a. A lost camper;
96 b. A fir e on the pr emises of the camp;
97 c. A sever e injury , sever e illness, serious accident, or death of one or mor e
98 campers, visitors, camp staff, or camp volunteers that occurs:
99 (i) On the camp premis es; or
100 (ii) While under the supervision of camp staff;
101 d. An aquatic emergency if the camp borders a water course, lake, pond, or any
102 other body of water;
103 e. An epidemic;
104 f. An unauthorized or unknown individual pr esent on the camp's premis es;
105 g. A transportation emergency; and
106 h. Any other natural disaster or emergency event r equir ed under department
107 rules;
108 (c) Establish pr ocedur es to identify and account for each camper affected by the
109 emergency event;
110 (d) Establish pro cedur es to notify and communicate with:
111 a. Local law enfor cement agencies;
112 b. Camp administrative and medical services staff; and
113 c. The par ents or legal guardians of each camper identified under paragraph (c)
114 of this subdivision; and
115 (e) Designate a camp emergency pr epar edness coordinator .
116 (3) The dire ctor , by rule, shall req uire an overnight camp or r esidential camp
117 operator to, at each overnight camp or r esidential camp the operator operates:
118 (a) Maintain at the camp an operable radio capable of prov iding r eal-time
119 weather alerts issued by the National W eather Service or a similar pr ofessional weather
120 service;
121 (b) Install and maintain at the camp an emergency warning system that is
122 capable of alerting all campers and camp occupants of an emergency;
123 (c) Monitor safety alerts issued:
124 a. By the National W eather Service or a similar pro fessional weather service;
125 and
126 b. By local river authorities, if applicable to the camp, or thr ough other local
127 emergency notification systems; and
128 (d) Certify the operator's compliance with this subdivision.
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129 (4) In developing an overnight camp's or res idential camp's emergency plan, an
130 overnight camp or r esidential camp operator shall annually submit the initial or
131 updated plan to the department for appr oval in the form and manner pr escribed by the
132 department.
133 (5) If the department determines an overnight camp's or res idential camp's
134 submitted emergency plan does not meet the minimum standards prescrib ed by
135 department rules, the overnight camp or r esidential camp operator shall revi se and
136 r esubmit the plan no later than the forty-fifth day after the date the operator r eceives
137 notice fr om the department of the plan's deficiencies.
138 (6) An overnight camp or res idential camp operator shall include any updated
139 overnight camp or res idential camp emergency plan as an attachment to each
140 application to renew the operator's license under subsection 5 of this section.
141 (7) Notwithstanding any pr ovision of law , no later than the tenth business day
142 following the date the department appr oves an overnight camp's or res idential camp's
143 emergency plan or , if the department determines the plan is deficient under subdivision
144 (5) of this subsection, the operator shall pr ovide a copy of the plan to:
145 (a) The dir ector of the emergency management agency of the county in which
146 the camp is located; and
147 (b) The law enforc ement agency or county sheriff's office wher e the camp is
148 located.
149 (8) In developing an overnight camp's or res idential camp's emergency plan, an
150 overnight camp or r esidential camp operator may consult with an emergency
15 1 management dir ector described by subdivision (7) of this section.
152 (9) The department shall stor e in a digital database each emergency plan
153 submitted to the department under this section and prov ide access to that database to
154 the state emergency management agency .
155 (10) An overnight camp or r esidential camp operator shall:
156 (a) Pr ovide the most r ecent version of an overnight camp's or res idential camp's
157 emergency plan submitted under this subsection to the par ent or legal guardian of:
158 a. A camper who is participating in a camp session; or
159 b. A prospective camper who is r egistere d to participate in a futur e camp
160 session;
161 (b) Notify the par ent or legal guardian of a camper or pr ospective camper
162 described in paragraph (a) of this subdivision if any ar ea of the camp is located within a
163 flood plain; and
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164 (c) Ensur e that the pare nt or legal guardian signs and submits to the operator a
165 statement acknowledging recei pt of the notice requi red under paragraph (b) of this
166 subdivision.
167 (1 1) Not mor e than forty-eight hours after each overnight camp or re sidential
168 camp session begins, the overnight camp or r esidential camp operator or an overnight
169 camp or res idential camp staff member shall conduct a mandatory safety orientation
170 that:
171 (a) Notifies each camper of the camp's boundaries and any hazards present on
172 the camp pr emises;
173 (b) Instructs each camper on behavioral expectations in an emergency event;
174 and
175 (c) Pr ovides each camper with developmentally appr opriate instruction on the
176 appr opriate actions and pr ocedur es to follow in an emergency event, in accordance with
177 the camp's emergency plan requ ired under this subsection.
178 (12) At least once a year , an overnight camp or res idential camp operator shall:
179 (a) Pr ovide each overnight camp or res idential camp staff member and
180 volunteer with a copy of the camp's most r ecent emergency plan;
181 (b) Ensure each staff member and volunteer successfully completes training on
182 the camp's emergency plan;
183 (c) Instruct each staff member and volunteer on the prop er proce dures to follow
184 in an emergency event under the plan; and
185 (d) Maintain written records documenting each staff member's and volunteer's
186 successful completion of the training req uired under this subdivision.
187 (13) An overnight camp or res idential camp operator shall conspicuously post in
188 each cabin on the overnight camp or res idential camp pr emises the pr oper evacuation
189 r oute described in the overnight camp or r esidential camp's emergency plan.
190 (14) An emergency plan submitted to, received by , or accessed by the
191 department, the Missouri state emergency management agency , an emergency
1 9 2 management agency dir ector , or any other governmental entity under this subsection
193 is confidential and not subject to disclosure under chapter 610.
194 1 1. (1) Any person or organization that makes materially false statements in
195 order to obtain a license or the ren ewal ther eof under this section shall be guilty of a
196 class C misdemeanor for the first offense and shall be assessed a fine not to exceed seven
197 hundr ed fifty dollars and shall be guilty of a class A misdemeanor and shall be assessed
198 a fine of up to two thousand dollars per day , not to exceed a total of ten thousand dollars
199 for subsequent offenses.
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200 (2) If the department pr oposes to deny , suspend, place on pro bation or rev oke a
201 license, the department shall serve upon the applicant or licensee written notice of the
202 pr oposed action to be taken. The notice shall contain a statement of the type of action
203 pr oposed, the basis for it, the date the action will become effective, and a statement that
204 the applicant or licensee shall have thirty days to re quest in writing a hearing befor e the
205 administrative hearing commission and that such re quest shall be made to the
206 department. If no written request for a hearing is r eceived by the department within
207 thirty days of the delivery or mailing by certified mail of the notice to the applicant or
208 licensee, the prop osed discipline shall take effect on the thirty-first day after such
209 delivery or mailing of the notice to the applicant or licensee. If the applicant or licensee
210 makes a written request for a hearing, the department shall file a complaint with the
211 administrative hearing commission within ninety days of receip t of the r equest for a
212 hearing.
213 (3) The department may issue letters of censur e or warning without formal
214 notice or hearing. Additionally , the department may place a licensee on prob ation
215 under chapter 621.
216 (4) The department may suspend any license simultaneously with the notice of
217 the pr oposed action to be taken in subdivision (2) of this subsection if the department
218 finds that ther e is a thr eat of imminent bodily harm to the minors at the overnight camp
219 or res idential camp. The notice of suspension shall include the basis of the suspension
220 and the appeal rights of the licensee under this subsection. The licensee may appeal the
221 decision to suspend the license to the department. The appeal shall be filed within ten
222 days fro m the delivery or mailing by certified mail of the notice of appeal. A hearing
223 shall be conducted by the department within ten days fr om the date the appeal is
224 filed. The suspension shall continue in effect until the conclusion of the proceed ings,
225 including revi ew ther eof, unless sooner withdrawn by the department, dissolved by a
226 court of competent jurisdiction or stayed by the administrative hearing
2 2 7 commission. Any person aggrieved by a final decision of the department made under
228 this section shall be entitled to judicial review in accordance with chapter 536.
229 (5) In addition to initiating pro ceedings under subdivision (1) of this subsection,
230 or in lieu ther eof, the prosecuting attorney of the county wher e the overnight camp or
231 r esidential is located may file suit for a pr eliminary and permanent order overseeing or
232 pr eventing the operation of the overnight camp or res idential camp for violating any
233 pr ovision of this section. The order shall rem ain in for ce until such a time as the court
234 determines that the overnight camp or res idential camp is in substantial compliance. If
235 the pr osecuting attorney r efuses to act or fails to act after r eceipt of notice fr om the
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236 department, the department may r equest that the attorney general seek an injunction of
237 the operation of such camp.
238 12. The prov isions of this section shall not apply to any overnight camp or
239 r esidential camp offer ed by an institution of higher education located in this state.
240 13. The department shall pr omulgate all necessary rules and regu lations for the
241 administration of this section. Any rule or portion of a rule, as that term is defined in
242 section 536.010, that is crea ted under the authority delegated in this section shall
243 become effective only if it complies with and is subject to all of the provi sions of chapter
244 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
245 and if any of the powers vested with the general assembly pursuant to chapter 536 to
246 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
247 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
248 adopted after August 28, 2026, shall be invalid and void.
✔
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