BILL NUMBER: AB 352	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall
   (Coauthor: Assembly Member Bloom)

                        FEBRUARY 13, 2013

   An act to add Section 1530.7 to the Health and Safety Code,
relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 352, as introduced, Hall. Foster care: smoke-free environment.
   Existing law, the California Community Care Facilities Act,
regulates various community care facilities, including foster family
homes and small family homes, as defined, which provide care for
foster children. The act requires the State Department of Social
Services to adopt regulations for these facilities, and requires that
regulations for a license prescribe standards of safety and
sanitation for the physical plant and standards for basic personal
care, supervision, and services based upon the category of licensure.
Any person who violates the act, or who willfully or repeatedly
violates any rule or regulation promulgated under the act, is guilty
of a misdemeanor.
   This bill would require that persons licensed pursuant to the
provisions described above to provide residential foster care to a
child maintain a smoke-free environment in the home in which the
child resides, including the garage and bathrooms, and in all motor
vehicles used to transport the child. Because a violation of the act,
or the willful or repeated violation of any rule or regulation
promulgated under the act, would be 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 1530.7 is added to the Health and Safety Code,
to read:
   1530.7.  Persons licensed pursuant to this chapter to provide
residential foster care to a child shall maintain a smoke-free
environment in the home in which the child resides, including the
garage and bathrooms, and in all motor vehicles used to transport the
child.
  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.