2013 Legislation: AB 746

Bill Author: 
Levine
Subject: 
Smoking Prohibition in Multi-Family Dwellings
Status: 
Failed - Did not meet legislative deadlines.
Sponsor: 
American Lung Association

This bill prohibits the smoking of cigarettes or other tobacco products in all areas of multifamily dwellings. It provides an exception for designated smoking areas. The bill defines multifamily dwelling as residential property containing 2 or more units with one or more shared walls, floors, ceilings, or ventilation systems.

From the Legislative Counsel's Digest:

Existing law regulates the smoking of tobacco in various public places, prohibits the smoking of tobacco in a private residence that is licensed as a family day care home during its hours of operation and in those areas of the facility where children are present, and authorizes a landlord to prohibit the smoking of tobacco in the building or on the property.

This bill would prohibit the smoking of a cigarette or other tobacco products in all areas of multifamily dwellings, except those areas designated as areas where smoking is permitted, as specified. This bill would define, for the purposes of these provisions, multifamily dwellings to mean residential property containing 2 or more units with one or more shared walls, floors, ceilings, or ventilation systems. This bill would provide that any person who violates the requirements of the bill is guilty of an infraction , punishable as specified. The bill would require the State Department of Public Health to develop, implement, and publicize a smoking cessation awareness and educational program, including a description of the penalties that shall be imposed for a violation of the bill's provisions . By creating a new crime, this bill would impose 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.

The sweeping nature of the legislation stirred up a predictable backlash, and the bill did not make it out of the Assembly Housing and Community Development committee. However, reconsideration was granted, and the bill may return in a new form next year.

Educational Topic: