California 2013-2014 Regular Session Status: Enacted

AB 352 — Foster care: smoke-free environment.

Last action — Chaptered by Secretary of State - Chapter 292, Statutes of 2013.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2013. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the California Community Care Facilities Act, regulates various community care facilities, including foster family homes, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries, 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 group homes, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to the provisions described above that provide residential foster care to a child maintain a smoke-free environment in the facility. The bill would prohibit a person who is licensed or certified pursuant to these provisions and who is providing 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. The bill would also prohibit a person who is licensed or certified pursuant to these provisions from smoking in any motor vehicle that is regularly 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 292, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 20. Page 2649.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 8. Page 1882.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 11).

  12. Referred to Com. on HUMAN S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 19. Page 1459.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 8).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 24). Re-referred to Com. on APPR.

  18. Re-referred to Com. on G.O.

  19. (pending re-referral to the Com. on G.O.)

  20. Assembly Rule 56 suspended. (Page 1064.)

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on G.O. (Ayes 5. Noes 2.) (April 16).

  23. Referred to Coms. on HUM. S. and G.O.

  24. From printer. May be heard in committee March 16.

  25. Read first time. To print.

Sponsors

  • Bloom · Cosponsor
  • Hall · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Hall

Co-sponsors (1)

  • Bloom

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 352 HALL Concurrence in Senate Amendments

Passed 55 Yea · 20 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 511703
Democratic 4000
Republican 0300
Total 552003
% of votes cast 71%26%0%4%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Nestande — Yea
Pan — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Williams — Not Voting
Daly — Yea
Lowenthal — Yea
Skinner — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gorell — Not Voting
Hall — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Harkey — Nay
Chesbro — Yea
Jones-Sawyer — Yea
Allen — Nay
Levine — Yea
Logue — Nay
Medina — Yea
Melendez — Nay
Ammiano — Yea
Bigelow — Nay
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Morrell — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Perea — Yea
Rendon — Yea
Wagner — Nay
Waldron — Not Voting
Wieckowski — Yea
Wilk — Yea
Eggman — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB352 Hall By Monning

Passed 24 Yea · 8 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 21807
Democratic 3000
Total 24807
% of votes cast 62%21%0%18%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Lara — Yea
Pavley — Not Voting
Torres — Yea
Emmerson — Not Voting
Evans — Yea
Wyland — Nay
DeSaulnier — Yea
Galgiani — Yea
Hernandez — Yea
Lieu — Yea
Liu — Yea
Correa — Yea
Steinberg — Yea
Wright — Not Voting
De León — Yea
Cannella — Not Voting
Fuller — Not Voting
Corbett — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Block — Yea
Knight — Nay
Leno — Not Voting
Monning — Yea
Nielsen — Nay
Roth — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 352 HALL Assembly Third Reading

Passed 51 Yea · 19 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 451607
Democratic 6001
Republican 0301
Total 511909
% of votes cast 65%24%0%11%
How each member voted (79)
Member Party Vote
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Medina — Yea
Melendez — Not Voting
Pan — Yea
Waldron — Nay
Wieckowski — Yea
Gomez — Yea
Lowenthal — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Nazarian — Yea
Skinner — Yea
Torres — Yea
Ammiano — Yea
Hall — Yea
Quirk — Yea
Bonilla — Yea
Gatto — Yea
Levine — Yea
Mullin — Yea
Perea — Yea
Rendon — Yea
Campos — Yea
Cooley — Yea
Eggman — Yea
Harkey — Nay
Logue — Nay
Nestande — Nay
Ting — Yea
Wagner — Nay
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Weber — Yea
Wilk — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Donnelly — Nay
Achadjian — Nay
Bigelow — Nay
Gorell — Not Voting
Holden — Not Voting
Morrell — Not Voting
Olsen — Not Voting
Williams — Not Voting
Stone — Not Voting
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Hagman — Nay
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bigelow — Nay
Bradford — Yea
Pan — Yea
Quirk — Yea
Wagner — Nay
Gomez — Yea
Bocanegra — Yea
Hall — Yea
Harkey — Nay
Linder — Nay
Campos — Yea
Donnelly — Nay
Eggman — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 12004
Republican 0001
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Jones-Sawyer — Yea
Perea — Yea
Torres — Yea
Waldron — Not Voting
Cooley — Yea
Chesbro — Yea
Salas — Yea
Gray — Yea
Levine — Yea
Medina — Yea
Nestande — Not Voting
Bigelow — Not Voting
Hagman — Not Voting
Hall — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 352 do?
Existing law, the California Community Care Facilities Act, regulates various community care facilities, including foster family homes, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries, 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 group homes, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to the provisions described above that provide residential foster care to a child maintain a smoke-free environment in the facility. The bill would prohibit a person who is licensed or certified pursuant to these provisions and who is providing 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. The bill would also prohibit a person who is licensed or certified pursuant to these provisions from smoking in any motor vehicle that is regularly 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.
Who sponsors AB 352?
AB 352 is sponsored by Bloom and Hall.
What is the current status of AB 352?
This bill has been enacted into law. Introduced February 13, 2013. Enacted.
Where can I track AB 352?
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