BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1820
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     AB 1820 (Block) - As Amended:  May 1, 2012 

          Policy Committee:                              Human 
          ServicesVote:6 - 0 

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

           SUMMARY  

          This bill prohibits the use or possession of choking hazards, 
          including push pins, small toys, marbles and other objects that 
          measure less than 1.75 inches in diameter in child care 
          facilities caring for children six years of age or younger. In 
          addition, this bill requires the Department of Social Services 
          (DSS) to determine compliance with this law during their 
          regularly scheduled inspection visits. 

           FISCAL EFFECT  

          Costs of approximately $1.75 million (GF) for DSS Community Care 
          Licensing inspectors to measure the size of objects to ensure 
          that they are over 1.75 inches and to ensure entire premises are 
          free of objects under that size. 

           COMMENTS  

           1)Rationale  . This bill stems from an incident in the member's 
            district where a toddler died after choking on a push pin that 
            he swallowed while in child care.  Due to its sharp point, if 
            ingested, a push pin can become lodged in the throat, airway, 
            esophagus or other part of a child's digestive system, which 
            can prove to be nearly impossible to retrieve under normal 
            first aid procedures, including the use of CPR or the Heimlich 
            maneuver. This bill prohibits push pins and other small 
            objects in child care centers. 

           2)Amendments Taken in Human Services Committee  expanded the bill 
            beyond its initial prohibition of push pins to include all 
            objects that are less than 1.75 inches in diameter. The 








                                                                  AB 1820
                                                                  Page  2

            committee found that it would be more prudent to align this 
            bill with the choking hazards specifications established by 
            the federal Child Safety Protection Act (CSPA) to ensure 
            greater uniformity with federal law and provide more generally 
            inclusive restrictions to prevent young children access to any 
            choking hazard.

            Additionally, the committee expressed concern that amending 
            the Health and Safety Code to specifically prohibit the use or 
            possession of push pins in child day care facilities may 
            inadvertently give rise to repeated legislative efforts to 
            itemize specific choking hazards, which could lead to the code 
            becoming cumbersome and overly prescriptive. There is an 
            argument to be made, however, that push pins are unique in 
            regards to choking because of their sharp point, which can 
            cause them to become stuck in a child's airway in ways that 
            other small objects do not.
             Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
            319-2081