BILL ANALYSIS �
AB 217
Page 1
ASSEMBLY THIRD READING
AB 217 (Carter)
As Amended April 7, 2011
Majority vote
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Swanson, Alejo, Allen, |Ayes:|Fuentes, Blumenfield, |
| |Furutani, Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Modifies an exemption in current law authorizing
smoking in "patient smoking areas" in long-term health care
facilities. Specifically, this bill :
1)Provides that the exemption applies only where all of the
following conditions are met:
a) The patient smoking area is not located in a patient's
room;
b) The patient smoking area is located outdoors, in a
courtyard or patio, or other outdoor space that can be
monitored by facility staff; and,
c) The patient smoking area is located in an area that
reasonably prevents smoke from entering the facility or
patient rooms.
2)Specifies that these provisions do not prohibit a long-term
health care facility from continuing or implementing a
smoke-free policy inside and outside the facility.
EXISTING LAW :
1)Prohibits an employer from knowingly or intentionally
AB 217
Page 2
permitting the smoking of tobacco products in an enclosed
space at a place of employment.
2)Provides that a "place of employment" does not include
"patient smoking areas" in long-term health care facilities,
as defined.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill imposes a non-state reimbursable mandated
local program by expanding the definition of an infraction. In
addition, the bill will result in minor enforcement costs to the
Division of Occupational Safety and Health.
COMMENTS : Current law generally prohibits smoking in places of
employment. However, the law does contain a number of
exemptions. For example, the law exempts (among other things)
smoking areas in hotel lobbies, certain warehouse facilities,
gaming clubs and employee break rooms under certain conditions.
Current law also exempts "patient smoking areas" in long-term
health care facilities.
The author states that this bill will prohibit smoking in
long-term health care facilities and eliminate dangerous
secondhand tobacco smoke exposure to protect non-smoking
workers, non-facility workers and patients. The author states
that the bill will eliminate the unique fire risk due to oxygen
tanks, flammable chemicals or other combustible items found in
long-term health care facilities.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000391