California 2011-2012 Regular Session Status: To Executive

AB 217 — Workplace smoking prohibition: long-term health care facilities.

Last action — Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits an employer from knowingly or intentionally permitting, and a person from engaging in, the smoking of tobacco products in an enclosed space at a place of employment. Existing law provides that "place of employment" for purposes of that prohibition does not include, among other places, patient smoking areas in long-term health care facilities, as defined. Existing law provides that any violation of that prohibition is an infraction, punishable by a fine not to exceed $100 for a first violation, $200 for a 2nd violation within one year, and $500 for a 3rd and for each subsequent violation within one year. This bill would provide that a patient smoking area, as defined, is not a place of employment for purposes of the smoking prohibition described above only if the patient smoking area is not located in a patient's room, is located outdoors in a courtyard, patio, or other outdoor space that can be monitored by facility staff, and is located in an area that reasonably prevents smoke from entering the facility or patient rooms. By limiting the application of the exception for patient smoking areas, the bill would make some of those areas subject to the smoking prohibition, thereby creating an additional crime punishable as an infraction and imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Consideration of Governor's veto pending.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6092.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 8. Page 4573.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27).

  11. From committee: Do pass and re-refer to Com. on L. & I.R. (Ayes 7. Noes 2.) (June 6). Re-referred to Com. on L. & I.R.

  12. In committee: Set, first hearing. Hearing canceled at the request of author.

  13. Referred to Coms. on HEALTH and L. & I.R.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 26. Page 1389.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 5.) (May 4).

  18. Re-referred to Com. on APPR.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 30). Re-referred to Com. on APPR.

  21. Re-referred to Com. on L. & E.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  23. Re-referred to Com. on L. & E.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  25. Referred to Com. on L. & E.

  26. From printer. May be heard in committee March 3.

  27. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Negrete McLeod · Cosponsor
  • Carter · Primary
  • Wolk · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 5 voted No

Sponsors (1)

  • Carter

Co-sponsors (3)

  • Ammiano
  • Negrete McLeod
  • Wolk

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 217 CARTER Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Democratic 1000
Republican 0200
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Gorell — Nay
Halderman — Nay
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Huber — Yea
Fong — Yea
Allen — Yea
Alejo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Hayashi — Yea
Huffman — Yea
Ammiano — Yea
Perea — Yea
Skinner — Yea
Bonilla — Yea
Mendoza — Yea
Pan — Yea
Chesbro — Yea
Monning — Yea
Atkins — Yea
Yamada — Yea
Campos — Yea
Conway — Nay
Garrick — Nay
Hagman — Nay
Harkey — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Not Voting
Valadao — Nay
Wagner — Nay
Achadjian — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Hueso — Yea
Jeffries — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Norby — Nay
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB217 Carter By Wolk

Passed 29 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 27802
Republican 1000
Democratic 1001
Total 29803
% of votes cast 73%20%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Nay
Wyland — Yea
Cannella — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Corbett — Yea
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Runner — Nay
Anderson — Yea
Blakeslee — Nay
Dutton — Yea
Leno — Yea
Lieu — Not Voting
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Harman — Yea
Price — Yea
Walters — Nay
Wright — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 217 CARTER Assembly Third Reading

Passed 50 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472404
Democratic 3000
Republican 0200
Total 502604
% of votes cast 63%33%0%5%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Carter — Yea
Cedillo — Yea
Eng — Yea
Hill — Yea
Huber — Yea
Williams — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Nay
Hall — Yea
Bonilla — Yea
Atkins — Yea
Hayashi — Yea
Hueso — Yea
Chesbro — Not Voting
Jeffries — Nay
Fletcher — Nay
Knight — Nay
Logue — Nay
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Gorell — Not Voting
Norby — Not Voting
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Feuer — Yea
Furutani — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Blumenfield — Yea
Davis — Yea
Donnelly — Nay
Hill — Yea
Norby — Nay
Solorio — Yea
Bradford — Yea
Harkey — Nay
Lara — Yea
Nielsen — Nay
Wagner — Nay
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 217 do?
Existing law prohibits an employer from knowingly or intentionally permitting, and a person from engaging in, the smoking of tobacco products in an enclosed space at a place of employment. Existing law provides that "place of employment" for purposes of that prohibition does not include, among other places, patient smoking areas in long-term health care facilities, as defined. Existing law provides that any violation of that prohibition is an infraction, punishable by a fine not to exceed $100 for a first violation, $200 for a 2nd violation within one year, and $500 for a 3rd and for each subsequent violation within one year. This bill would provide that a patient smoking area, as defined, is not a place of employment for purposes of the smoking prohibition described above only if the patient smoking area is not located in a patient's room, is located outdoors in a courtyard, patio, or other outdoor space that can be monitored by facility staff, and is located in an area that reasonably prevents smoke from entering the facility or patient rooms. By limiting the application of the exception for patient smoking areas, the bill would make some of those areas subject to the smoking prohibition, thereby creating an additional crime punishable as an infraction and imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 217?
AB 217 is sponsored by Ammiano, Negrete McLeod, Carter, and Wolk.
What is the current status of AB 217?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 217?
Track AB 217 free on One Click Politics — get push/email alerts when it moves.

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