BILL NUMBER: SB 1598 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2008
INTRODUCED BY Senator Padilla
FEBRUARY 22, 2008
An act to add Article 1.5 (commencing with Section 104497) to
Chapter 1 of Part 3 of Division 103 of the Health and Safety Code,
relating to smoking.
LEGISLATIVE COUNSEL'S DIGEST
SB 1598, as amended, Padilla. Smoking.
Tenancies: prohibition of smoking of tobacco products.
Existing law generally regulates the use and sale of tobacco
products, and prohibits the smoking of tobacco products in various
locations, including, but not limited to, all enclosed spaces of
employment, in or around state buildings, and playgrounds and tot
lots, subject to certain exceptions.
Existing law separately regulates the terms and conditions of
residential tenancies.
This bill would authorize a landlord of a residential dwelling
unit, or his or her agent, to prohibit, in accordance with specified
conditions, the smoking of a cigarette, as defined, or other tobacco
products, as described, on the property or in any building or portion
thereof that is located on the property. The bill would also provide
that a violation of a smoking prohibition imposed pursuant to these
provisions would constitute a material violation of the rental
agreement, as described.
Existing law regulates and requires a license for the sale of
cigarettes and tobacco products.
This bill would set forth a statement of legislative findings and
declarations regarding the dangers of secondhand smoke.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) More than 440,000 people die in the United States from
tobacco-related diseases every year, making it the nation's leading
cause of preventable death. More than 40,000 people die from
tobacco-related diseases every year in California.
(b) The State Department of Public Health has estimated that
86 percent of adult Californians are nonsmokers. Secondhand
smoke is responsible for an estimated 38,000 deaths among nonsmokers
each year in the United States, which includes 3,000 lung cancer
deaths and 35,000 deaths due to heart disease , which has proven
to cause cancer in humans .
(c) Secondhand smoke exposure adversely affects fetal growth with
elevated risk of low birth weight and increased risk of Sudden Infant
Death Syndrome (SIDS) in infants of mothers who smoke.
(d) Secondhand smoke exposure causes as many as 300,000 children
in the United States under the age of 18 months to suffer lower
respiratory tract infections, such as pneumonia and bronchitis;
exacerbates childhood asthma; and increases the risk of acute,
chronic, middle-ear infections in children.
(e) The United States Environmental Protection Agency has
classified secondhand smoke as a group A carcinogen, the most
dangerous class of carcinogen.
(f) The United States Surgeon General has concluded that there is
no risk-free level of exposure to secondhand smoke.
(g) The California Air Resources Board has put secondhand smoke in
the same category as the most toxic automotive and industrial air
pollutants by categorizing it as a toxic air contaminant for which
there is no safe level of exposure.
(h) The California Environmental Protection Agency has included
secondhand smoke on the Proposition 65 list of chemicals known to the
State of California to cause cancer, birth defects, and other
reproductive harm.
(i) More than 30 percent of California's housing is multiunit
residences, such as apartments and condos. In this type of
housing, scientific studies show that secondhand smoke can travel
into and out of open windows and doors, shared ventilation systems
and walls, ceiling crawl spaces, and gaps around electrical wiring,
light fixtures, plumbing, ductwork, and even baseboards.
(j) A large majority of Californians support laws that would
prohibit smoking in outdoor common areas of multiunit housing, and
that would require that apartment buildings offer nonsmoking sections
of units within those apartments.
SEC. 2. Article 1.5 (commencing with Section
104497) is added to Chapter 1 of Part 3 of Division 103 of the
Health and Safety Code , to read:
Article 1.5. Smoking of Tobacco Products in Residential Rental
Units
104497. (a) Notwithstanding any other provision of law, a
landlord of a residential dwelling unit, as defined in subdivision
(c) of Section 1940 of the Civil Code, or his or her agent, may
prohibit the smoking of a cigarette, as defined in subdivision (d) of
Section 104556, or other tobacco products, as that term is used in
Section 6404.5 of the Labor Code, on the property or in any building
or portion thereof, including any dwelling unit, other interior or
exterior area, or the premises on which the same is located, in
accordance with this article.
(b) (1) Every lease or rental agreement entered into on or after
January 1, 2009, for a residential dwelling unit located on property
on any portion of which the smoking of tobacco products has been
prohibited pursuant to this article, shall include a provision that
specifies the areas on the property in which smoking is prohibited.
(2) For lease or rental agreements entered into before January 1,
2009, a prohibition against tobacco smoking in any portion of a
property in which smoking was previously permitted shall constitute a
change of terms of tenancy, requiring adequate notice under
subdivision (a) of Section 827 of the Civil Code.
(c) (1) This section shall not apply to the inside of the tenant'
s dwelling unit for as long as the tenant continues to reside in the
same unit, if the rental agreement was executed before a prohibition
of smoking of tobacco products was imposed pursuant to this article.
However, the tenant shall not be exempt from prohibitions against
tobacco smoking imposed pursuant to this article that affect other
areas of the property.
(2) A prohibition of smoking of tobacco products imposed pursuant
to this article shall apply to any portion of the property that is
located in a city, county, or city and county that has in effect any
control or system of control on the price at which accommodations may
be offered for rent if both of the following are true:
(A) The rental agreement was executed after January 1, 2009.
(B) The prior tenancy ended in either a voluntary vacancy or
eviction for cause, as permitted by the local ordinance, charter
provision, rule, or regulation.
(d) A violation of a prohibition against tobacco smoking that has
been imposed pursuant to this article shall constitute a material
violation of the rental agreement, allowing the owner to issue a
three-day notice pursuant to subdivision (2) of Section 1161 of the
Code of Civil Procedure.
(e) Notwithstanding any provision of this article, a city, county,
or city and county may enact an ordinance, regulation, or policy to
prohibit the smoking of cigarettes or tobacco products on the
property, or in any building, or portion thereof, including any
dwelling unit, and areas adjacent to the unit, located on the
property within its jurisdiction.