Bill Text: CA AB1819 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Family day care home: smoking prohibition.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 459, Statutes of 2014. [AB1819 Detail]

Download: California-2013-AB1819-Introduced.html

---

BILL NUMBER: AB 1819	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 18, 2014

   An act to amend Section 1596.795 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1819, as introduced, Hall. Family day care home: smoking
prohibition.
   Existing law, the California Child Day Care Facilities Act,
governs the licensing and operation of family day care homes and
requires the State Department of Social Services to administer these
provisions. Among other things, the act prohibits the smoking of
tobacco in a private residence that is licensed as a family day care
home during the hours of operation as a family day care home. A
person who willfully or repeatedly violates a provision of the act is
guilty of a misdemeanor.
   This bill would prohibit the smoking of tobacco in a private
residence that is licensed as a family day care home without regard
to whether the act occurs during the hours of operation of the home.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
   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 no reimbursement is required by this
act for a specified reason.
   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 1596.795 of the Health and Safety Code is
amended to read:
   1596.795.  (a) The smoking of tobacco in a private residence that
is licensed as a family day care home shall be prohibited 
during the hours of operation as a family day care home 
 in the home  and in those areas of the family day care home
where children are present. Nothing in this section shall prohibit a
city or county from enacting or enforcing an ordinance relating to
smoking in a family day care home if the ordinance is more stringent
than this section.
   (b)  The smoking of tobacco on the premises of a licensed day care
center shall be prohibited.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.