BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 574|
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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
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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
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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,
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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
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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
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