BILL NUMBER: AB 615	CHAPTERED  09/08/93
	BILL TEXT

	CHAPTER   335
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 1993
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1993
	PASSED THE SENATE   AUGUST 19, 1993
	PASSED THE ASSEMBLY   MAY 24, 1993
	AMENDED IN ASSEMBLY   APRIL 15, 1993

INTRODUCED BY  Assembly Member Gotch
   (Principal coauthor: Assembly Member Bates)
   (Coauthors:  Assembly Members Andal, Bornstein, Caldera,
Farr, Terry Friedman, Karnette, Margolin, Martinez, Napolitano,
Solis, and Speier)
   (Coauthors:  Senators Hughes and Watson)

                        FEBRUARY 22, 1993

   An act to amend Section 1596.795 of the Health and Safety
Code, relating to child day care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 615, Gotch.  Child day care:  smoking prohibition.
   Existing law, the California Child Day Care Facilities Act,
provides for the licensure and regulation of child day care
facilities, which include day care centers and family day care
homes, as defined.  Under the act any person who willfully or
repeatedly violates provisions of law pertaining to child day
care facilities is guilty of a misdemeanor.
   Existing law regulates the smoking of tobacco in various
public places.  Existing law authorizes a city or county to
enforce its ordinance regulating the smoking of tobacco in a
private residence that is licensed as a child day care facility
during its hours of operation and in those areas of the facility
where children are present.
   This bill would  prohibit smoking of tobacco in a private
residence that is licensed as a family day care home during its
hours of operation and in those areas of the facility where
children are present.  It would also prohibit the smoking of
tobacco on the premises of a child day care center.  Since this
bill would change the definition of an existing crime, it 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.


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 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 XIIIB of the California Constitution
because the only costs which may be incurred by a local agency
or school district will be incurred because this act creates a
new crime or infraction, changes the definition of a crime or
infraction, changes the penalty for a crime or infraction, or
eliminates a crime or infraction.  Notwithstanding Section 17580
of the Government Code, unless otherwise specified in this act,
the provisions of this act shall become operative on the same
date that the act takes effect pursuant to the California
Constitution.