BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 332|
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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
Le�n, 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
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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 �CIV] 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.
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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
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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.
"�This 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 Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries,
Lara, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
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Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
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
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