CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2546Introduced by Assembly Member GraysonFebruary 19, 2020 An act to amend Section 1596.795 of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2546, as introduced, Grayson. Family daycare homes: prohibition on smoking.The California Child Day Care Facilities Act prohibits the smoking of a tobacco product in a private residence that is licensed as a family daycare home, both in the home and in those areas of the family daycare home where children are present. The act specifies that a city or county is not prohibited from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than the prohibition under the act.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2546Introduced by Assembly Member GraysonFebruary 19, 2020 An act to amend Section 1596.795 of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2546, as introduced, Grayson. Family daycare homes: prohibition on smoking.The California Child Day Care Facilities Act prohibits the smoking of a tobacco product in a private residence that is licensed as a family daycare home, both in the home and in those areas of the family daycare home where children are present. The act specifies that a city or county is not prohibited from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than the prohibition under the act.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2546 Introduced by Assembly Member GraysonFebruary 19, 2020 Introduced by Assembly Member Grayson February 19, 2020 An act to amend Section 1596.795 of the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 2546, as introduced, Grayson. Family daycare homes: prohibition on smoking. The California Child Day Care Facilities Act prohibits the smoking of a tobacco product in a private residence that is licensed as a family daycare home, both in the home and in those areas of the family daycare home where children are present. The act specifies that a city or county is not prohibited from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than the prohibition under the act.This bill would make technical, nonsubstantive changes to these provisions. The California Child Day Care Facilities Act prohibits the smoking of a tobacco product in a private residence that is licensed as a family daycare home, both in the home and in those areas of the family daycare home where children are present. The act specifies that a city or county is not prohibited from enacting or enforcing an ordinance relating to smoking in a family daycare home if the ordinance is more stringent than the prohibition under the act. This bill would make technical, nonsubstantive changes to these provisions. ## Digest Key ## Bill Text 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) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. The people of the State of California do enact as follows: ## 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) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. SECTION 1. Section 1596.795 of the Health and Safety Code is amended to read: ### SECTION 1. 1596.795. (a) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. 1596.795. (a) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. 1596.795. (a) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing(2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section.(b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited.(c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.(d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. 1596.795. (a) (1) The smoking of a tobacco product in a private residence that is licensed as a family day care daycare home shall be prohibited in the home and in those areas of the family day care daycare home where children are present. Nothing (2) Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care daycare home if the ordinance is more stringent than this section. (b) The smoking of a tobacco product on the premises of a licensed day care center shall be prohibited. (c) For purposes of this section, smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (d) For purposes of this section, tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.