BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 574| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 574 Author: Hill (D), et al Amended: 7/9/09 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 6-3, 6/17/09 AYES: Alquist, DeSaulnier, Leno, Maldonado, Pavley, Wolk NOES: Strickland, Aanestad, Cox NO VOTE RECORDED: Cedillo, Negrete McLeod SENATE APPROPRIATIONS COMMITTEE : 7-5, 6/29/09 AYES: Kehoe, Corbett, Leno, Oropeza, Price, Wolk, Yee NOES: Cox, Denham, Runner, Walters, Wyland NO VOTE RECORDED: Hancock ASSEMBLY FLOOR : 46-25, 5/18/09 - See last page for vote SUBJECT : Health facilities: smoking SOURCE : Breathe California California Tobacco Control Alliance DIGEST : This bill prohibits smoking in all areas of acute care hospitals, including the general hospital campus, buildings, parking areas, plazas, and sidewalks. Senate Floor Amendments of 7/9/09 add coauthors and make one technical change. ANALYSIS : Existing law: CONTINUED AB 574 Page 2 1.Prohibits smoking inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, which is defined as a building owned and occupied by the state or a local government. 2.Requires California employers to provide a safe and healthful workplace under the Occupational Safety and Health Act of 1973. 3.Prohibits employers from knowingly or intentionally permitting any person from engaging in the smoking of tobacco products in all enclosed places of employment, as defined, with specified exceptions. This bill: 1.Prohibits smoking in all areas of acute care hospitals, including the general hospital campus, buildings, parking areas, plazas, and sidewalks. 2.Excludes from the smoking prohibition, public thoroughfares and sidewalks adjacent to the general acute care hospital but not owned by the hospital. 3.Requires a general acute care hospital to post signs stating that smoking is prohibited on the entire hospital campus, at building entrances and in other conspicuous locations. 4.Requires a general acute care hospital to advise new employees of this policy during orientation and inform current employees at least 60 days prior to implementation. 5.Permits a city, county, or city and county to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are no less stringent than applicable standards in this bill. 6.Excludes from the requirements of this bill property owned or leased by the hospital that is distinct from, and not part of, the principal medical campus and that is AB 574 Page 3 used for purposes other than health care. 7.Establishes a patient-specific exemption to the bill's smoking prohibition if authorized in writing by a treating physician for patients whose treatment will be substantially impaired by the denial of the use of tobacco. Background Under current law, more than 70 California hospitals currently have voluntarily prohibited smoking throughout their campuses. Approximately 1,250 hospitals nationwide have smoke-free campuses and most also provide tobacco cessation support services to both employees and patients. Many of these hospitals report that they took this step because smoking was contrary to hospitals' mission of treating the ill and promoting public health. Research published in the Journal of the American Medical Association has found that the quit rate among medical staff at hospitals with no smoking policies was higher than at other hospitals. Numerous studies have shown that smoke-free public places are associated with reductions in hospital admissions for heart attacks. However, many of these studies looked at only a year of data after the implementation of smoke-free laws. More recent research, released in 2008, addressed a three-year study in Colorado and showed a sustained reduction in heart attack hospitalizations after a smoke-free law took effect. Smoke-free laws reduce cardiac hospitalizations by reducing second-hand smoke exposure among non-smokers and reducing smoking. The larger contribution to improved health has been shown to be the reduction in second-hand smoke. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Tobacco tax unknown, AB 574 Page 4 potentially thousands of dollars General/ revenue loss depending on the number of people that quit Special smoking as a result of this policy SUPPORT : (Verified 7/10/09) Breathe California (co-source) California Tobacco Control Alliance (co-source) American Lung Association Breathe California of Los Angeles County Breathe California of Sacramento-Emigrant Trails California Hospital Association California Medical Association Coalition of Lavender Americans on Smoking and Health Public Health Law and Policy Regional Asthma Management and Prevention San Francisco Asthma Task Force San Mateo County Tobacco Education Coalition Sierra Vista Medical Center Sutter Medical Center, Sacramento Watts Healthcare Corporation ARGUMENTS IN SUPPORT : Supporters argue that this bill will help smokers quit while also reducing exposure to second-hand smoke. They point out that many hospitals in California have already taken this step and have had no problems with enforcement and compliance. Supporters point out the dangers from second-hand smoke and also note that for individuals who suffer from asthma symptoms, exposure to tobacco smoke on hospital campuses can trigger asthma attacks at the very location that patients are seeking treatment and care. ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Beall, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie AB 574 Page 5 Lowenthal, Ma, Mendoza, Nava, John A. Perez, V. Manuel Perez, Portantino, Ruskin, Salas, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, Bass NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill, Conway, DeVore, Duvall, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran NO VOTE RECORDED: Blakeslee, Cook, Emmerson, Eng, Fletcher, Monning, Price, Saldana, Villines CTW:nl 7/10/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****