BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1365
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1365 (Corbett) - As Amended:  June 23, 2010 

          Policy Committee:                              Environmental  
          Safety       Vote:                            6-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill adds the Department of Toxic Substances Control (DTSC)  
          to the list of public entities, which currently includes the  
          Department of Public Health (DPH) and local health officers,  
          required to enforce the ban on the sale of toys containing toxic  
          materials.  The bill also prohibits another agency from  
          assessing a penalty for a toxic toy violation for which another  
          agency has already assessed a penalty. 

           FISCAL EFFECT  

          Annual costs to DTSC possibly in excess of $150,000, equivalent  
          to one full-time position, for increased investigation, testing  
          and enforcement.  (Toxic Substances Control Account)

           COMMENTS  

           1)Rationale  .  The author notes the continued presence of toys  
            with high levels of toxic materials and cites a recent  
            discovery of "Valentine's Day" toy bears containing excessive  
            levels of lead.  The author further notes that DTSC already  
            has sworn peace officers on staff who enforce the state's ban  
            on toxic jewelry.  The author contends adding DTSC to the list  
            of agencies that enforce the ban on the sale of toxic toys  
            will help protect consumers and restore their confidence in  
            the toy market.

           2)Background  .  Both federal and state laws ban the sale of toys  
            containing toxic substances.  The state ban charges DPH and  
            local health officers with enforcing the toxic toy ban and  
            provides for misdemeanor penalties. 








                                                                 SB 1365
                                                                  Page  2


             In addition, state law prohibits the manufacture, shipping, or  
            sale of jewelry, children's jewelry, or jewelry used in body  
            piercing that is not made entirely from nontoxic materials,  
            such as gold and stainless steel.  The law charges DTSC with  
            enforcing the toxic jewelry ban, for which the department has  
            law enforcement and scientific personnel and testing  
            equipment.   
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081