BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 332| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 332 Author: Padilla (D), et al. Amended: 6/23/11 Vote: 21 SENATE JUDICIARY COMMITTEE : 4-1, 4/26/11 AYES: Evans, Harman, Corbett, Leno NOES: Blakeslee SENATE FLOOR : 33-2, 5/9/11 AYES: Alquist, Berryhill, Blakeslee, Cannella, Corbett, De León, DeSaulnier, Dutton, Emmerson, Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Padilla, Pavley, Price, Simitian, Steinberg, Strickland, Walters, Wolk, Wright, Wyland, Yee NOES: Anderson, Runner NO VOTE RECORDED: Calderon, Correa, Negrete McLeod, Rubio, Vargas ASSEMBLY FLOOR : 66-9, 7/11/11 - See last page for vote SUBJECT : Smoking: rental dwellings SOURCE : Author DIGEST : This bill codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. This bill requires every lease entered into on or CONTINUED SB 332 Page 2 after January 1, 2012 for residential real property where the landlord has prohibited smoking to include a provision specifying the areas where smoking is prohibited. For leases entered into prior to January 1, 2012, a prohibition against smoking on any portion of the property in which smoking was previously permitted shall constitute a change of terms of tenancy requiring adequate notice, as specified. This bill states that a landlord who exercises the above authority shall be subject to state and local notice requirements governing changes to the terms of rental agreements that are in existence at the time the policy is adopted. Assembly Amendments (1) specify that this bill does not preempt any local ordinance in effect on or before January 1, 2012, (2) add a technical amendment to make provisions effective in both the Civil Code as well as the Health and Safety Code, and (3) add co-author. ANALYSIS : Existing law regulates the terms and conditions of residential tenancies, and generally requires landlords to keep the rental units in a condition fit for occupancy. (Civil Code ÝCIV] Section 1940 et seq) Existing law creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (CIV Section 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612) Existing law authorizes the creation of anti-tobacco use programs for school-age populations and prohibits any person from smoking a cigarette, cigar, or other tobacco-related product, or from disposing of cigarette butts, cigar butts, or any other tobacco-related waste, within a playground. This bill provides that, notwithstanding any other provision of law, a landlord of a residential unit may prohibit the smoking of a cigarette, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, as specified. CONTINUED SB 332 Page 3 This bill requires every lease or rental agreement entered into on or after January 1, 2012, for a residential unit on a property where the landlord has prohibited the smoking of cigarettes or other tobacco products to include a provision that specifies the areas where smoking is prohibited. This bill provides that a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes and other tobacco products in any property of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, as specified. This bill states that a landlord who exercises the authority provided above to prohibit smoking shall be subject to state and local notice requirements governing changes to the terms of a rental agreement for tenants with rental agreements that are in existence at the time that the policy prohibiting smoking is adopted. This bill includes numerous findings and declarations regarding the dangers of being exposed to secondhand smoke. This bill provides that the provision of this bill shall not be construed to preempt any local ordinance in effect on or before January 1, 2012 or any provision in effect on or after January 1, 2012 that restricts the smoking of cigarettes or other tobacco products. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/12/11) Aging Services of California American Cancer Society American Diabetes Association American Heart Association American Lung Association American Stroke Association California Apartment Association California Medical Association CONTINUED SB 332 Page 4 County Health Executives Association of California Los Angeles County Board of Supervisors Santa Clara County Board of Supervisors ARGUMENTS IN SUPPORT : According to the author: "Over 30 percent of California's housing are 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. . . . "Existing law requires the owner or landlord of rental housing to maintain the rented area in a habitable condition, including keeping the building and grounds at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. A landlord may include terms in a rental agreement pertaining to pets, noise, and other house rules, in order to comply with these provisions. These responsibilities placed on owners of rental housing help promote the health and safety of the tenants living on the property. "ÝThis bill would] allow landlords of multiunit residences to prohibit smoking cigarettes or other tobacco products in or on the property." ASSEMBLY FLOOR : 66-9, 7/11/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, CONTINUED SB 332 Page 5 Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Conway, Donnelly, Grove, Halderman, Jones, Knight, Logue, Miller, Morrell NO VOTE RECORDED: Beall, Gorell, Hagman, Mansoor, Mitchell RJG:kc 7/12/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED