BILL ANALYSIS �
AB 1819
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1819 (Hall) - As Introduced: February 18, 2014
Policy Committee: Human
ServicesVote:5 - 2
GO 14 -
0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
Extends the current ban on smoking while children are present to
a complete ban on smoking in family day care homes, even during
hours of nonoperation.
FISCAL EFFECT
1)Unknown, likely minor, costs to the Department of Social
Services (DSS) Community Care Licensing Division (CCL) for
staff training and any increased complaint response against
licensed facilities for violation of the 24-hour smoking ban.
2)Any local government costs resulting from the mandate in this
measure would not be state-reimbursable because the mandate
only involves the definition of a crime or penalty for
conviction of a crime.
COMMENTS
1)Enforcement . Under current law CCL conducts unannounced
investigations in response to complaints filed against a
licensed child care home or facility within 10 days of the
complaint being filed, including complaints of smoking.
CCL indicates that their authority to conduct these
investigations is limited to one hour prior, to one hour after
the home or facility's hours of operation. Complaints in
response to smoking during hours of nonoperation would
continue to be investigated during a home or facility's hours
AB 1819
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of operation.
2)Purpose . The author argues that while current law prohibits
smoking tobacco products in a family day care home during the
hours of operation, this policy only protects children from
immediate exposure to secondhand smoke. It does nothing to
protect children from tobacco residue that lingers in the air
and on surfaces hours after cigarettes have been extinguished
and that pose as dangerous a threat to children's health. This
measure will have a direct impact on reducing childhood
exposure to second and thirdhand smoke and decrease the chance
of a child developing health issues related to smoking.
3) Existing Law .
a) Prohibits the smoking of tobacco products in a
licensed day care home during the hours of operation.
b) Defines a "family day care home" as a home that
regularly provides nonmedical care, protection and
supervision for 14 or fewer children, in the provider's
own home, for less than 24 hours per day.
c) Requires the Department of Social Services' (DSS)
Community Care Licensing Division (CCLD) to conduct an
unannounced investigation in response to a complaint
filed against a licensed child care home or facility
within ten days of the complaint being filed.
1) Prior Legislation .
a) AB 352 (Hall), Statutes of 2013. Prohibited the
smoking of tobacco products in foster care homes.
b) SB 648 (Corbett), 2014. Extends the restrictions and
prohibitions against the smoking of tobacco products to
include restrictions or prohibitions against electronic
cigarettes (e-cigarettes) in various places, including,
but not limited to, places of employment, school
campuses, public buildings, day care facilities, retail
food facilities, and health facilities. (Pending in
Assembly Governmental Organization Committee)
AB 1819
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c) SB 332 (Padilla), Chapter 264, Statutes of 2011.
Codified a landlord's right to prohibit smoking on their
properties.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081