California Assembly Bill AB352 Amended / Bill

 BILL NUMBER: AB 352AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 23, 2013 INTRODUCED BY Assembly Member Hall (Coauthor: Assembly Member Bloom) FEBRUARY 13, 2013 An act to add Section 1530.7 to the Health and Safety Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGEST AB 352, as amended, Hall. Foster care: smoke-free environment. Existing law, the California Community Care Facilities Act, regulates various community care facilities, including foster family homes and small family homes, as defined, which provide care for foster children. The act requires the State Department of Social Services to adopt regulations for these facilities, and requires that regulations for a license prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services based upon the category of licensure. Any person who violates the act, or who willfully or repeatedly violates any rule or regulation promulgated under the act, is guilty of a misdemeanor. This bill would require that  persons   group homes and small family homes  licensed pursuant to the provisions described above  to   that  provide residential foster care to a child maintain a smoke-free environment  in the home in which the child resides, including the garage and bathrooms, and   . The bill would prohibit a person licensed pursuant to these provisions to provide residential care in a foster family home or certified family home from smoking in the home or in the physical presence of the foster youth. The bill would also prohibit a person licensed pursuant to these provisions from smoking  in  all   any  motor  vehicles   vehicle  used to transport the child. Because a violation of the act, or the willful or repeated violation of any rule or regulation promulgated under the act, would be 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 1530.7 is added to the Health and Safety Code, to read: 1530.7.  Persons licensed pursuant to this chapter to provide residential foster care to a child   (a)     Group homes and small family homes licensed pursuant to this chapter  shall maintain a smoke-free  environment in the home in which the child resides, including the garage and bathrooms, and   environment.   (b)     No person licensed pursuant to this chapter to provide residential care in a foster family home or certified family home may smoke in the home or in the physical presence of the foster youth. This subdivision shall not apply to homes of relative and nonrelative extended family member caregivers.   (c)     No person licensed pursuant to this chapter to provide residential foster care shall smoke  in  all   any  motor  vehicles   vehicle  used to transport the child. 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.