Maryland 2023 Regular Session

Maryland Senate Bill SB817 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0817
6	6
7	7	SENATE BILL 817
8	8	N1 3lr3052
9	9	CF HB 315
10	10	By: Senator A. Washington
11	11	Introduced and read first time: February 6, 2023
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Multifamily Dwellings – Smoking Policies 2
19	19
20	20	FOR the purpose of requiring the governing body of a common ownership community to 3
21	21	develop a smoking policy if the property subject to the control of the governing body 4
22	22	is a multifamily dwelling; and generally relating to multifamily dwellings in the 5
23	23	State. 6
24	24
25	25	BY adding to 7
26	26	Article – Real Property 8
27	27	Section 14–134 9
28	28	Annotated Code of Maryland 10
29	29	(2015 Replacement Volume and 2022 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Real Property 14
35	35
36	36	14–134. 15
37	37
38	38	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
39	39	INDICATED. 17
40	40
41	41	(2) “COMMON OWNERSHIP COMM UNITY” MEANS A CONDOMINIUM OR 18
42	42	A COOPERATIVE HOUSIN G CORPORATION . 19
43	43
44	44	(3) “CONDOMINIUM ” HAS THE MEANING STAT ED IN § 11–101 OF THIS 20
45	45	ARTICLE. 21
46	46	2 SENATE BILL 817
47	47
48	48
49	49	(4) “COOPERATIVE HOUSING C ORPORATION ” HAS THE MEANING 1
50	50	STATED IN § 5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE. 2
51	51
52	52	(5) “MULTIFAMILY DWELLING ” MEANS A RESIDENTIAL BUILDING 3
53	53	THAT IS PART OF A CO MMON OWNERSHIP COMMU NITY WITH MULTIPLE DWELLI NG 4
54	54	UNITS, A COMMON ENTRANCE , AND COMMON AREAS , INCLUDING HALLWAYS , 5
55	55	ELEVATORS, AND STAIRS. 6
56	56
57	57	(6) “RESIDENTIAL OWNER ” MEANS: 7
58	58
59	59	(I) A UNIT OWNER OF A COND OMINIUM; OR 8
60	60
61	61	(II) A MEMBER OF A COOPERAT IVE HOUSING CORPORAT ION. 9
62	62
63	63	(7) “SMOKE” OR “SMOKING” MEANS: 10
64	64
65	65	(I) THE INHALING, EXHALING, BURNING, OR CARRYING OF ANY 11
66	66	LIGHTED MATTER OR LI GHTED SUBSTANCE ; OR 12
67	67
68	68	(II) THE USE OF A DEVICE T O DELIVER AEROSOLIZE D OR 13
69	69	VAPORIZED VAP ING LIQUID, AS DEFINED IN § 16.7–101 OF THE BUSINESS 14
70	70	REGULATION ARTICLE, TO AN INDIVIDUAL INH ALING FROM THE DEVIC E. 15
71	71
72	72	(B) THIS SECTION APPLIES TO MULTIFAMILY DWELL INGS WITH FOUR OR 16
73	73	MORE DWELLING UNITS THAT ARE: 17
74	74
75	75	(1) USED FOR THE BENEFIT OF A RESIDENTIAL OWNER IN A COMMON 18
76	76	OWNERSHIP COMMUNITY ; OR 19
77	77
78	78	(2) RENTED BY THE RESIDEN TIAL OWNER OF THE DW ELLING UNIT TO 20
79	79	A TENANT UNDER A LEA SE. 21
80	80
81	81	(C) THE GOVERNING BODY OF A COMMON OWNERSHIP COM MUNITY SHALL 22
82	82	DEVELOP A SMOKING PO LICY CONSISTENT WITH § 13–3314 OF THE HEALTH – 23
83	83	GENERAL ARTICLE IF THE PROPERTY SUBJ ECT TO THE CONTROL O F THE 24
84	84	GOVERNING BODY IS A MULTIFAMILY DWELLING . 25
85	85
86	86	(D) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION SHAL L STATE: 26
87	87
88	88	(1) THE LOCATIONS WHERE S MOKING IS AUTHORIZED ON THE 27
89	89	PROPERTY; 28
90	90
91	91	(2) THE LOCATIO NS WHERE SMOKING IS PROHIBITED ON THE 29
92	92	PROPERTY; 30 SENATE BILL 817 3
93	93
94	94
95	95
96	96	(3) ANY CONDITIONS ON THE ABILITY TO SMOKE IN AREAS OF THE 1
97	97	PROPERTY WHERE SMOKI NG IS AUTHORIZED ; 2
98	98
99	99	(4) THE PROCESS TO FILE A COMPLAINT AGAINST AN INDIVIDUAL 3
100	100	WHO VIOLATES THE POL ICY; AND 4
101	101
102	102	(5) ANY PENALTIES OR FINES FOR VIOL ATING THE POLICY . 5
103	103
104	104	(E) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 6
105	105
106	106	(1) LIMIT THE RIGHTS OF A GOVERNING BODY OF A COMMON 7
107	107	OWNERSHIP COMMUNITY , TENANT, OR RESIDENTIAL OWNER TO INITIATE OR 8
108	108	DEFEND AGAINST A CIV IL ACTION; OR 9
109	109
110	110	(2) PREEMPT A COUNTY OR M UNICIPAL GOVERNMENT FROM 10
111	111	ENACTING AND ENFORCI NG MEASURES REGARDIN G SMOKING POLICIES I N 11
112	112	MULTIFAMILY DWELLING S THAT ARE MORE STRI NGENT THAN A POLICY ADOPTED 12
113	113	UNDER THIS SECTION . 13
114	114
115	115	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
116	116	October 1, 2023. 15
117	117