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AB-1820 Child safety: day care facilities: choking hazards.(2011-2012)

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AB1820:v97#DOCUMENT

Amended  IN  Assembly  May 01, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1820


Introduced  by  Assembly Member Block

February 21, 2012


An act to add Section 1596.819 to the Health and Safety Code, relating to child safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 1820, as amended, Block. Child safety: day care facilities: push pins. choking hazards.
Existing law, the California Child Day Care Facilities Act, administered by the State Department of Social Services, provides for the licensure and regulation of child day care facilities, as defined. Willful or repeated violation of these provisions is a misdemeanor.
This bill would require a licensed child day care facility to prohibit the use or possession of a push pin choking hazards, including push pins, small toys, marbles, and other items, as specified, in any area of the facility accessible to children 6 years of age or younger. By expanding the definition 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1596.819 is added to the Health and Safety Code, to read:

1596.819.
 (a) A licensed child day care facility shall prohibit the use or possession of push pins choking hazards, including push pins, small toys, marbles, and other items that measure less than 1.75 inches in diameter in any area of the facility accessible to children 6 years of age or younger.
(b) The department shall determine compliance with this section only during a regularly scheduled, authorized inspection, and shall not be required to conduct separate and independent visits.

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.