BILL ANALYSIS �
AB 1278
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GOVERNOR'S VETO
AB 1278 (Hill)
As Amended June 20, 2012
2/3 vote
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|ASSEMBLY: |48-26|(January 30, |SENATE: |22-14|(August 13, |
| | |2012) | | |2012) |
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|ASSEMBLY: |52-26|(August 16, | | | |
| | |2012) | | | |
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Original Committee Reference: REV. & TAX.
SUMMARY : Extends the current ban on tobacco use in workplaces,
including hospitals, to include the entire hospital campus.
The Senate amendments repeal existing law restricting smoking to
certain areas of a health facility as it is less restrictive
than the general prohibition on smoking in enclosed spaces at
places of employment that is already set forth in the Labor
Code.
EXISTING LAW :
1)Prohibits smoking in an enclosed space at a place of
employment including lobbies, waiting areas, elevators,
stairwells, and restrooms that are a structural part of the
building.
2)Exempts specified areas of workplaces from the smoking ban
including: a specified percentage of hotel and motel rooms;
parts of hotel lobbies; warehouses; patient smoking areas in
long-term care facilities; small businesses; and, certain
employee break rooms.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
AB 1278
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to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would have minor enforcement costs to the
Department of Public Health, which licenses hospitals; and,
unknown, potentially offsetting impacts on state tobacco tax
revenue and/or state public health coverage programs.
COMMENTS : The author states that while smoking is already
prohibited in many areas of hospitals, it seems contrary to
their mission of good health to permit smoking anywhere on their
campus. The author maintains that simply extending the existing
ban on smoking to all areas of a hospital will set the
appropriate example and reduce exposure to second-hand smoke for
patients, their families, hospital workers, and all visitors.
The sponsor of this bill, Breathe California, states that
hospitals that have established smoke-free campuses have taken
an important step in advancing public health and report almost
no problems with compliance or enforcement of their
restrictions, with minimal cost. The California Hospital
Association notes in support that, on a daily basis, California
hospitals see the negative effects smoking can have on the
health of their patients and the increased costs it can have on
the health system.
GOVERNOR'S VETO MESSAGE :
"Helping people to quit smoking is a laudable health goal. In
fact, many hospitals already designate their campuses
"smoke-free" and impose fines on violators. Nothing in current
law prevents hospitals from adopting this practice.
"Finally, I would note that this bill eliminates penalties for
smoking in hospitals. Why?"
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN:
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