PRINTER'S NO. 1722
No. 1172 Session of 2004
INTRODUCED BY C. WILLIAMS, FUMO, KITCHEN, WAGNER, MUSTO,
TARTAGLIONE, SCHWARTZ, COSTA, RAFFERTY, BOSCOLA, TOMLINSON,
FERLO, ARMSTRONG AND O'PAKE, JUNE 22, 2004
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 22, 2004
AN ACT
1 Prohibiting the use of tobacco on child-care facility property;
2 and providing for enforcement.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Tobacco Use
7 on Child-care Facility Property Law.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Child-care facility" or "facility." Any of the following:
13 (1) Child day-care center.
14 (2) Family day-care home.
15 "Child day care." Care in lieu of parental care given for
16 part of a 24-hour day to a child under 16 years of age away from
17 the child's home. The term does not include care in lieu of
1 parental care given to a child under 16 years of age in a place
2 of worship during religious services.
3 "Child day-care center." Any premises in which child day
4 care is provided simultaneously for seven or more children who
5 are not relatives of the provider, regardless of which article
6 of the act of June 13, 1967 (P.L.31, No.21), known as the Public
7 Welfare Code, applies to it.
8 "Department." The Department of Public Welfare of the
9 Commonwealth.
10 "Family child day-care home." A home in which child day care
11 is provided at any one time to four, five or six children who
12 are not relatives of the provider of the child day care and
13 which is required to be registered under the act of June 13,
14 1967 (P.L.31, No.21), known as the Public Welfare Code.
15 "Person." A natural person.
16 "Tobacco product." A substance that contains tobacco,
17 including, but not limited to, cigarettes, cigars, pipes, snuff,
18 smoking tobacco and smokeless tobacco.
19 Section 3. Prohibition.
20 (a) General rule.--Except as provided in subsection (b), a
21 person may not use a tobacco product on child-care facility
22 property.
23 (b) Exception.--In the case of family day-care homes, the
24 prohibition under subsection (a) shall apply only during the
25 time when children are in care or when food is being prepared.
26 Section 4. Enforcement.
27 The department shall enforce the provisions of this act. A
28 child-care facility that violates this act is subject to
29 suspension or revocation of its license or registration in
30 accordance which department procedures.
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1 Section 5. Regulation.
2 The department shall promulgate regulations to administer
3 this act.
4 Section 6. Effective date.
5 This act shall take effect in 60 days.
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