EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0477*
HOUSE BILL 477
C2 2lr1331
HB 1011/21 – ECM CF SB 99
By: Delegate Fennell
Introduced and read first time: January 21, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Cigarettes, Tobacco Products, and Electronic Smoking Devices – Local Law 2
Authorization 3
FOR the purpose of authorizing a county or municipality to enact and enforce local laws 4
regulating the sale and distribution of cigarettes, other tobacco products, and 5
electronic smoking devices, subject to certain exceptions; declaring the intent of the 6
General Assembly; and generally relating to the regulation of cigarettes, other 7
tobacco products, and electronic smoking devices in counties and municipalities. 8
BY adding to 9
Article – Business Regulation 10
Section 16–308.4, 16.5–104, and 16.7–103 11
Annotated Code of Maryland 12
(2015 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Business Regulation 16
16–308.4. 17
EXCEPT FOR THE ISSUAN CE OF LICENSES UNDER THIS TITLE OR THE 18
IMPOSITION OF TAXES ON CIGARETTES UNDER TITLE 12 OF THE TAX – GENERAL 19
ARTICLE, A COUNTY OR MUNICIPA LITY MAY ENACT AND E NFORCE LOCAL LAWS 20
THAT ARE AT LEAST AS STRINGENT AS THE PRO VISIONS OF THIS TITL E THAT 21
REGULATE THE SALE AN D DISTRIBUTION OF CI GARETTES. 22
16.5–104. 23
2 HOUSE BILL 477
EXCEPT FOR THE ISSUAN CE OF LICENSES UNDER THIS TITLE OR THE 1
IMPOSITION OF TAXES ON OTHER TOBACCO PRODUCTS U NDER TITLE 12 OF THE TAX 2
– GENERAL ARTICLE, A COUNTY OR MUNICIPA LITY MAY ENACT AND E NFORCE 3
LOCAL LAWS THAT ARE AT LEAST AS STRINGEN T AS THE PROVISIONS OF THIS TITLE 4
THAT REGULATE THE SA LE AND DISTRIBUTION OF OTHER TOBACCO PRO DUCTS. 5
16.7–103. 6
EXCEPT FOR THE ISSUAN CE OF LICENSES UNDER THIS TITLE, A COUNTY OR 7
MUNICIPALITY MAY ENA CT AND ENFORCE LOCAL LAWS THAT ARE AT LEA ST AS 8
STRINGENT AS THE PRO VISIONS OF THIS TITL E THAT REGULATE THE SALE AND 9
DISTRIBUTION OF ELEC TRONIC SMOKING DEVIC ES. 10
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 11
Assembly that this Act be applied and interpreted to abrogate the holding of the Court of 12
Appeals in Altadis U.S.A., Inc. v. Prince George’s County, 431 Md. 307. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15