California Legislature—2013–14 Regular Session

Assembly Bill No. 1819

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 begin delete during
the hours of operation as a family day care home end delete begin insert in the home end insert 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.