Smoking prohibited in day care homes; notice of prohibition; violations and penalties

(a) As used in this section: (1) "Day care home" means a child care home as defined in section 16, and amendments thereto, or a group day care home. (2) "Smoking" means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco. (b) Smoking is hereby prohibited within any room, enclosed area or other enclosed space of a facility or facilities of a day care home during a time when children who are not related by blood, marriage or legal adoption to the person who maintains the home are being cared for as part of the operation of the day care home within the facility or facilities. Nothing in this subsection shall be construed to prohibit smoking on the premises of the day care home or outside the facility or facilities of a day care home, including, but not limited to, porches, yards or garages. (c) Each day care license shall contain a statement in bold print that smoking is prohibited within a room, enclosed area or other enclosed space of the facility or facilities of the day care home under the conditions specified in subsection (b). The statement shall be phrased in substantially the same language as subsection (b). The license shall be posted in a conspicuous place in the facility or facilities. (d) Each day care home shall be equipped with a fire extinguisher that shall be maintained in an operable condition in a readily accessible location. (e) The director of the Kansas office of early childhood may levy a civil fine against any day care home for a first or second violation of this section. A third or subsequent violation shall be subject to this act. (f) In addition to any civil fine that may be levied pursuant to subsection (e), any day care home that violates any provision of this section may also be subject to criminal punishment pursuant to K.S.A. 21-6112, and amendments thereto. (g) This section shall take effect on and after July 1, 2026.