BILL ANALYSIS �
AB 217
Page 1
GOVERNOR'S VETO
AB 217 (Carter)
As Amended July 2, 2012
2/3 vote
-----------------------------------------------------------------
|ASSEMBLY: |50-26|(May 16, 2011) |SENATE: |29-8 |(August 20, |
| | | | | |2012) |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |52-26|(August 22, | | | |
| | |2012) | | | |
-----------------------------------------------------------------
Original Committee Reference: L. & E.
SUMMARY : Modifies an exemption in current law authorizing
smoking in "patient smoking areas" in long-term health care
facilities.
The Senate amendments :
1)Provide that notwithstanding the provisions of the bill, a
long-term health care facility may prohibit a resident from
smoking in a patient smoking area as necessary to protect the
resident from inclement weather conditions.
2)Specify that the Legislature finds and declares that the
aforementioned provisions do not violate a resident's rights
under the law.
3)Make other technical changes.
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)Provides that a "place of employment" does not include
AB 217
Page 2
"patient smoking areas" in long-term health care facilities,
as defined.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that the exemption for long-term care facilities
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)Specified 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
AB 217
Page 3
GOVERNOR'S VETO MESSAGE :
This bill seeks to eliminate one of several statutory
exceptions to the general prohibition on indoor smoking
in the workplace. Specifically, AB 217 would ban all
indoor smoking, and also restrict outdoor smoking, at
nursing homes and similar facilities.
While health and safety considerations must prevail, to
the extent a resident's preferences can be
accommodated, they should. Allowing an elderly
resident, who can't go home and who has smoked for a
lifetime, to smoke in a designated indoor area during
inclement weather - this sounds reasonable to me. Let's
rely on the locals, in this case the facility and its
residents and employees, to figure out which
accommodations work or don't work.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005940