EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0817*
SENATE BILL 817
N1 3lr3052
CF HB 315
By: Senator A. Washington
Introduced and read first time: February 6, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Multifamily Dwellings – Smoking Policies 2
FOR the purpose of requiring the governing body of a common ownership community to 3
develop a smoking policy if the property subject to the control of the governing body 4
is a multifamily dwelling; and generally relating to multifamily dwellings in the 5
State. 6
BY adding to 7
Article – Real Property 8
Section 14–134 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Real Property 14
14–134. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “COMMON OWNERSHIP COMM UNITY” MEANS A CONDOMINIUM OR 18
A COOPERATIVE HOUSIN G CORPORATION . 19
(3) “CONDOMINIUM ” HAS THE MEANING STAT ED IN § 11–101 OF THIS 20
ARTICLE. 21
2 SENATE BILL 817
(4) “COOPERATIVE HOUSING C ORPORATION ” HAS THE MEANING 1
STATED IN § 5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE. 2
(5) “MULTIFAMILY DWELLING ” MEANS A RESIDENTIAL BUILDING 3
THAT IS PART OF A CO MMON OWNERSHIP COMMU NITY WITH MULTIPLE DWELLI NG 4
UNITS, A COMMON ENTRANCE , AND COMMON AREAS , INCLUDING HALLWAYS , 5
ELEVATORS, AND STAIRS. 6
(6) “RESIDENTIAL OWNER ” MEANS: 7
(I) A UNIT OWNER OF A COND OMINIUM; OR 8
(II) A MEMBER OF A COOPERAT IVE HOUSING CORPORAT ION. 9
(7) “SMOKE” OR “SMOKING” MEANS: 10
(I) THE INHALING, EXHALING, BURNING, OR CARRYING OF ANY 11
LIGHTED MATTER OR LI GHTED SUBSTANCE ; OR 12
(II) THE USE OF A DEVICE T O DELIVER AEROSOLIZE D OR 13
VAPORIZED VAP ING LIQUID, AS DEFINED IN § 16.7–101 OF THE BUSINESS 14
REGULATION ARTICLE, TO AN INDIVIDUAL INH ALING FROM THE DEVIC E. 15
(B) THIS SECTION APPLIES TO MULTIFAMILY DWELL INGS WITH FOUR OR 16
MORE DWELLING UNITS THAT ARE: 17
(1) USED FOR THE BENEFIT OF A RESIDENTIAL OWNER IN A COMMON 18
OWNERSHIP COMMUNITY ; OR 19
(2) RENTED BY THE RESIDEN TIAL OWNER OF THE DW ELLING UNIT TO 20
A TENANT UNDER A LEA SE. 21
(C) THE GOVERNING BODY OF A COMMON OWNERSHIP COM MUNITY SHALL 22
DEVELOP A SMOKING PO LICY CONSISTENT WITH § 13–3314 OF THE HEALTH – 23
GENERAL ARTICLE IF THE PROPERTY SUBJ ECT TO THE CONTROL O F THE 24
GOVERNING BODY IS A MULTIFAMILY DWELLING . 25
(D) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION SHAL L STATE: 26
(1) THE LOCATIONS WHERE S MOKING IS AUTHORIZED ON THE 27
PROPERTY; 28
(2) THE LOCATIO NS WHERE SMOKING IS PROHIBITED ON THE 29
PROPERTY; 30 SENATE BILL 817 3
(3) ANY CONDITIONS ON THE ABILITY TO SMOKE IN AREAS OF THE 1
PROPERTY WHERE SMOKI NG IS AUTHORIZED ; 2
(4) THE PROCESS TO FILE A COMPLAINT AGAINST AN INDIVIDUAL 3
WHO VIOLATES THE POL ICY; AND 4
(5) ANY PENALTIES OR FINES FOR VIOL ATING THE POLICY . 5
(E) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 6
(1) LIMIT THE RIGHTS OF A GOVERNING BODY OF A COMMON 7
OWNERSHIP COMMUNITY , TENANT, OR RESIDENTIAL OWNER TO INITIATE OR 8
DEFEND AGAINST A CIV IL ACTION; OR 9
(2) PREEMPT A COUNTY OR M UNICIPAL GOVERNMENT FROM 10
ENACTING AND ENFORCI NG MEASURES REGARDIN G SMOKING POLICIES I N 11
MULTIFAMILY DWELLING S THAT ARE MORE STRI NGENT THAN A POLICY ADOPTED 12
UNDER THIS SECTION . 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2023. 15