Current law allows daycare owners to smoke inside their homes before children arrive or after they leave.
Some activists say this a major health concern adding that second smoke contributes to asthma, respiratory infections and more.
"I've been in daycares where I opened up the door with a friend of mine who is doing some remodeling, and as soon as we opened up the door, the smoke hit me in the face," said Mark Welsch, President of Group to Alleviate Smoking Pollution (GASP).
"Yeah, I would definitely not be a fan of that. I would not want them exposed to any second hand smoke," said Jamie Manley, parent.
Mark Welsch is working to change that with a proposed reboot of Bill 557 which would ban smoking at all times inside an in home daycare, whether children are present or not. The new version would strike out the portion of the bill that mentions daycare providers must have smoke-free cars.
"People are shocked when they hear that in home daycares could have people smoking inside of them. Even if it just up until the moment the first child crosses the threshold - that smokes stays in the home," said Welsch. "If is a well insulated it home, it stays in there for a day and a half."
Welsch says the current laws are difficult to enforce.
"Health and Human Services told me some time ago there's no way to enforce it because when we go into a house and see ash trays all over the place, as long as there's not a burning cigarette in one of those ash trays, they're not doing anything wrong," said Welsch.
And while Welsch admits that chances of getting the bill introduced at this point are slim, he's still holding out hope for the future.
"You and and I are in work places that are smoke free. Why can't children, the most vulnerable among us, be in a smoke free business as well?"
Welsch says if a bill isn't introduced, he plans bringing his fight to the Omaha City Council to create an ordinance.
