California Assembly Bill AB1819 Introduced / Bill

 BILL NUMBER: AB 1819INTRODUCED BILL TEXT 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  during the hours of operation as a family day care home   in the home  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.