BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1819|
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THIRD READING
Bill No: AB 1819
Author: Hall (D), et al.
Amended: 5/15/14 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 7-2, 6/11/14
AYES: Hernandez, Beall, De Le�n, DeSaulnier, Evans, Monning,
Wolk
NOES: Morrell, Nielsen
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 58-13, 4/21/14 - See last page for vote
SUBJECT : Family day care home: smoking prohibition
SOURCE : Author
DIGEST : This bill extends the existing prohibition against
tobacco smoking in a private residence that is licensed as a
family day care home to outside the hours of operation of the
home.
ANALYSIS :
Existing law:
1.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 and in those areas of the
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AB 1819
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family day care home where children are present.
2.Prohibits existing law from prohibiting 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
the above provision.
3.Prohibits the smoking of tobacco on the premises of a licensed
day care center.
4.Prohibits employers from knowingly or intentionally allowing,
and prohibits individuals from engaging in, the smoking of
tobacco products in an enclosed space at a place of
employment, with specified exemptions.
This bill repeals the exemption for family day care homes that
permits tobacco smoking in a private residence licensed as a
family care home outside of the hours of operation of the home,
thereby prohibiting tobacco smoking in these homes.
Background
Tobacco use and family day care homes . Child day care
facilities, including family day care homes, are required to be
licensed by the Department of Social Services (DSS) under the
California Child Day Care Facilities Act (Act). A "family day
care home" is a home that regularly provides care, protection,
and supervision for 14 or fewer children under age 18, in the
provider's own home, for periods of less than 24 hours per day,
while the parents or guardians are away. Family day care homes
are either a large family day care home (family day care for 7
to 14 children) or a small family day care home (eight or fewer
children). Under the Act, any person who willfully or
repeatedly violates provisions of law pertaining to child day
care facilities is guilty of a misdemeanor. As of September
2013, there were 33,481 family day care homes in California. AB
615 (Gotch, Chapter 335, Statutes of 1993) enacted the current
tobacco use restriction in family day care homes. Complaints
for violations of the Act can be made either orally or in
writing to the regional Community Care Licensing Division's
Child Care Offices within DSS. Under existing law, when DSS
receives a complaint, it is required to make a preliminary
review and make an onsite inspection within 10 days after
receiving the complaint, unless it determines that the complaint
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is willfully intended to harass a licensee or the compliant is
without any reasonable basis.
Does "thirdhand smoke" (THS) present a health risk? Cigarette
smoking is a significant health threat for smokers and
non-smokers alike. According to a January 2014 study entitled
"Cigarette Smoke Toxins Deposited on Surfaces: Implications for
Human Health," "THS" is defined as the accumulation of
secondhand smoke (SHS) on surfaces that ages with time that
become progressively more toxic, is a potential health threat to
children, spouses of smokers and workers in environments where
smoking is, or has been, allowed. The goal of the study was to
investigate the effects of THS on liver, lung, skin healing, and
behavior, using an animal model exposed to THS under conditions
that mimic exposure of humans. The study found THS-exposed mice
show alterations in multiple organ systems and excrete levels of
a tobacco-specific carcinogen biomarker similar to those found
in children exposed to SHS (and consequently to THS). In the
liver, THS leads to increased lipid levels and non-alcoholic
fatty liver disease, a precursor to cirrhosis and cancer and a
potential contributor to cardiovascular disease. In the lung,
THS stimulates excess collagen production and high levels of
inflammatory cytokines, suggesting propensity for fibrosis with
implications for inflammation-induced diseases such as chronic
obstructive pulmonary disease and asthma. In wounded skin,
healing in THS-exposed mice has many characteristics of the poor
healing of surgical incisions observed in human smokers.
Lastly, behavioral tests show that THS-exposed mice become
hyperactive. The latter data, combined with emerging associated
behavioral problems in children exposed to SHS/THS, suggest
that, with prolonged exposure, they may be at significant risk
for developing more severe neurological disorders. The authors
of the study state the results provide a basis for studies on
the toxic effects of THS in humans and inform potential
regulatory policies to prevent involuntary exposure to THS.
Prior Legislation
AB 352 (Hall, Chapter 292, Statutes of 2013) prohibits a person
who is licensed or certified to provide residential care in a
foster family home or certified family home from smoking or
permitting any other person to smoke inside the facility, and,
when the child is present, on the outdoor grounds of the
facility.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/20/14)
Alameda County Board of Supervisors
American Academy of Pediatrics, California
American Cancer Society Cancer Action Network
American College of Emergency Physicians - California Chapter
American Federation of State, County and Municipal Employees,
AFL-CIO
American Lung Association
California Alternative Payment Program
California State PTA
March of Dimes California Chapter
National Association of Social Workers, California Chapter
Zero to Three
ARGUMENTS IN SUPPORT : According to the author, while existing
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 SHS. It does nothing to
protect children from tobacco residue that lingers in the air
and on surfaces hours after cigarettes have been extinguished.
Exposure to SHS and THS leads to lifelong health issues that
will require continued medical attention and increased health
care costs. This bill will have a direct impact on reducing
childhood exposure to SHS and THS and decreasing the chance of a
child developing health issues related to smoking.
Health care providers and anti-smoking organizations write in
support that broad smoke-free policies make non-smoking behavior
the norm, encourage smokers to quit or cut down on their
smoking, and thus reduce the risk of future smoking-related
disease. Supporters argue tobacco residue continues to linger
in the air and on surfaces, such as floors, countertops,
upholstery, carpets, clothing and other fabrics, long after a
cigarette has been extinguished. Supporters argue children are
the most vulnerable to the effects of SHS as the developing
lungs of young children are severely affected by exposure to SHS
because children are still developing physically, have higher
breathing rates than adults, and have little control over their
indoor environments.
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ASSEMBLY FLOOR : 58-13, 4/21/14
AYES: Alejo, Allen, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Ch�vez,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian,
Pan, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Bigelow, Conway, Donnelly, Beth Gaines, Grove, Hagman,
Harkey,
Jones, Mansoor, Olsen, Patterson, Wagner, Wilk
NO VOTE RECORDED: Achadjian, Atkins, Dahle, Linder, Logue,
Melendez, Nestande, Waldron, Vacancy
JL:e 6/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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