BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 217|
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THIRD READING
Bill No: AB 217
Author: Carter (D)
Amended: 7/2/12 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 7-2, 6/6/12
AYES: Hernandez, Alquist, Anderson, De Le�n, DeSaulnier,
Rubio, Wolk
NOES: Harman, Blakeslee
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 6/27/12
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland, Runner
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 50-26, 05/16/11 - See last page for vote
SUBJECT : Workplace smoking prohibition: long-term
health care
facilities
SOURCE : Author
DIGEST : This bill restricts smoking in long-term health
care facilities by only allowing smoking in a designated
patient smoking area that is outdoors, in an area that
reasonably prevents smoke from entering the facility or
patient rooms, and that is not located in a patient's room.
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ANALYSIS : Existing law:
1.Prohibits an employer from knowingly or intentionally
permitting the smoking of tobacco products in an enclosed
space at a place of employment.
2.Exempts the following places of employment from the
prohibition on smoking tobacco products in an enclosed
space:
A. Hotel or motel lobbies that meet certain size
requirements;
B. Meeting and banquet rooms in hotels or motels;
C. Retail or wholesale tobacco shops and private
smokers' lounges, as defined;
D. Warehouse facilities, as defined;
E. Gaming clubs, bars and taverns;
F. Patient smoking areas in long-term health care
facilities;
G. Break rooms designated for smoking by an employer;
and
H. Employers with five or fewer employees, subject to
specified requirements.
1.Establishes a $100 fine for the first violation, $200
fine for the second violation, and a $500 fine for a
third and subsequent violation of the above provisions.
Enforcement of the smoking prohibition is carried out by
local law enforcement agencies, unless an employer has
been found guilty of three or more violations which will
require an investigation by the Division of Occupational
Safety and Health (DOSH).
2.Defines a long term care health facility to be one of the
following:
A. Skilled nursing facility;
B. Intermediate care facility;
C. Intermediate care facility/developmentally
disabled;
D. Intermediate care facility/developmentally disabled
habilitative;
E. Intermediate care facility/developmentally
disabled-nursing;
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AB 217
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F. Congregate living health facility;
G. Nursing facility;
H. Intermediate care facility/developmentally
disabled-continuous nursing; or a
I. Pediatric day health and respite care facility
This bill:
1.Narrows an exemption in current law that authorizes
smoking in "patient smoking areas" in long-term health
care facilities to only have the exemption apply 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.
1.Allows a long-term health care facility to continue or
implement a smoke-free policy inside and outside the
facility.
2.States that a long-term health care facility may prohibit
a resident from smoking in a patient smoking area as
necessary to protect resident from inclement weather
conditions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/7/12)
Atlantic Memorial Healthcare Center
Breathe California
California Chapter of the American College of Emergency
Physicians
California Medical Association
ChangeLab Solutions
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Coalition for a Tobacco Free San Bernardino County
El Sol Neighborhood Educational Center
Evemore Church
Health and Wellness Center, Crafton Hills College
Kaiser Permanente
Libreria del Pueblo, Inc.
Southland Care Center
United States Hispanic Women Grocers
Valdor Youth Foundation
ARGUMENTS IN SUPPORT : Breathe California writes that
tobacco is the single greatest cause of disease and
premature death in America today, and according to the
Surgeon General is responsible for more than 435,000 deaths
annually. Supporters contend secondhand smoke is a known
human carcinogen, and a smoke-free environment helps create
a safer, healthier workplace and living environment. The
California Chapter of the American College of Emergency
Physicians writes this bill protects non-smoking workers
and patients who are chronically or terminally ill, and who
work or reside inside long-term health care facilities by
removing exposure to secondhand tobacco smoke. The
California Medical Association writes that this bill offers
important protections for those residents and workers who
do not wish to be exposed to harmful smoke.
ASSEMBLY FLOOR : 50-26, 05/16/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Hill, Huber, Hueso,
Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell,
Monning, Pan, Perea, V. Manuel P�rez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Chesbro, Gorell, Roger Hern�ndez, Norby
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CTW:n 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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