EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0238*
HOUSE BILL 238
J1 4lr0196
SB 273/21 – FIN (PRE–FILED) CF SB 244
By: Chair, Economic Matters Committee (By Request – Departmental – Health)
Requested: September 13, 2023
Introduced and read first time: January 10, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Public Health – Clean Indoor Air Act – Revisions 2
FOR the purpose of prohibiting vaping in certain indoor areas and certain mass 3
transportation; requiring that certain signs be posted and maintained in a certain 4
manner in each indoor area open to the public and each public entrance to an indoor 5
area where smoking or vaping is prohibited under the Clean Indoor Air Act; and 6
generally relating to the Clean Indoor Air Act. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2) 10
Annotated Code of Maryland 11
(2023 Replacement Volume) 12
BY repealing 13
Article – Health – General 14
Section 24–509 15
Annotated Code of Maryland 16
(2023 Replacement Volume) 17
BY renumbering 18
Article – Health – General 19
Section 24–510 and 24–511 20
to be Section 24–509 and 24–510, respectively 21
Annotated Code of Maryland 22
(2023 Replacement Volume) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
2 HOUSE BILL 238
Article – Health – General 1
24–501. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article] 4
§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 5
(C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN § 6
16.7–101 OF THE BUSINESS REGULATION ARTICLE. 7
[(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and 8
Employment Article. 9
[(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and 10
Employment Article. 11
[(e)] (F) “Environmental smoke” means [the]: 12
(1) THE complex mixture formed from the escaping smoke of a burning 13
tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR 14
(2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAP ING AEROSOL 15
OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING 16
DEVICE AEROSOL . 17
(G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE 18
ARTICLE. 19
[(f)] (H) “Indoor area open to the public” means: 20
(1) An indoor area or a portion of an indoor area accessible to the public by 21
either invitation or permission; or 22
(2) An indoor area of any establishment licensed or permitted under the 23
Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages. 24
[(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor 25
and Employment Article. 26
[(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 27
other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp. 28
(K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS 29 HOUSE BILL 238 3
ARTICLE. 1
(L) “VAPING” MEANS THE USE OF : 2
(1) AN ELECTRONIC SMOKING DEVICE; OR 3
(2) ANY DEVICE THROUGH WH ICH THE USER INHALES AEROSOL 4
CONTAINING HEMP OR C ANNABIS. 5
24–504. 6
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 7
person may not smoke OR VAPE in: 8
(1) An indoor area open to the public; 9
(2) An indoor place in which meetings are open to the public in accordance 10
with Title 3 of the General Provisions Article; 11
(3) A government–owned or government–operated means of mass 12
transportation including buses, vans, trains, taxicabs, and limousines; or 13
(4) An indoor place of employment. 14
24–505. 15
This subtitle does not apply to: 16
(1) Private homes, residences, including residences used as a business or 17
place of employment, unless being used by a person who is licensed or registered under 18
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 19
unless being used for the public transportation of children, or as part of health care or child 20
care transportation; 21
(2) A hotel or motel room rented to one or more guests as long as the total 22
percent of hotel or motel rooms being so used does not exceed 25%; 23
(3) A retail tobacco business that is a sole proprietorship, limited liability 24
company, corporation, partnership, or other enterprise, in which: 25
(i) The primary activity is the retail sale of tobacco products and 26
accessories; and 27
(ii) The sale of other products is incidental; 28
(4) Any facility of a manufacturer, importer, wholesaler, or distributor of 29 4 HOUSE BILL 238
tobacco products or of any tobacco leaf dealer or processor in which employees of the 1
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 2
(5) A research or educational laboratory for the purpose of conducting 3
scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke. 4
24–506. 5
(a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be 6
prominently posted and properly maintained where smoking OR VAPING is allowed under 7
§ 24–505(2) of this subtitle. 8
(B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE 9
CONSPICUOUSLY POSTED AND PROPERLY MAINTAI NED IN EACH INDOOR A REA OPEN 10
TO THE PUBLIC AND EA CH PUBLIC ENTRANCE T O AN INDOOR AREA WHE RE SMOKING 11
OR VAPING IS PROHIBI TED UNDER TH IS SUBTITLE. 12
[(b)] (C) The signs shall be posted and maintained by the owner, operator, 13
manager, or other person having control of the area. 14
[(c)] (D) The letters on the signs shall be at least 1 inch in height. 15
24–508. 16
(c) (2) It is an affirmative defense to a complaint brought against a person for 17
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 18
person or an employee of the person: 19
(i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as 20
required under § 24–506 of this subtitle; 21
(ii) Removed all ashtrays and other smoking OR VAPING 22
paraphernalia from all areas where smoking is prohibited; and 23
(iii) If the violation occurred in a bar, tavern, or restaurant: 24
1. Refused to seat or serve any individual who was smoking 25
OR VAPING in a prohibited area; and 26
2. If the individual continued to smoke OR VAPE after an 27
initial warning, asked the individual to leave the establishment. 28
[24–509. 29
(a) Within 90 days from the receipt of an application for a waiver and the date 30 HOUSE BILL 238 5
that all conditions for the application for a waiver required in the regulations adopted by 1
the Secretary have been satisfied, the health officer of a county may grant a waiver from 2
the application of a specific provision of this subtitle, if prior to the granting of the waiver, 3
the applicant for a waiver establishes in writing: 4
(1) Compliance with a specific provision of this subtitle would cause undue 5
financial hardship; or 6
(2) The existence of other factors that would re nder compliance 7
unreasonable. 8
(b) The Secretary may impose conditions or restrictions on a waiver granted 9
under subsection (a) of this section to: 10
(1) Minimize the adverse effects of the waiver on individuals involuntarily 11
exposed to secondhand smoke; and 12
(2) Ensure that the waiver is consistent with the purposes of this subtitle. 13
(c) The Secretary shall adopt regulations necessary to implement this section. 14
(d) (1) A waiver may not be granted under subsection (a) of this section on or 15
after January 31, 2011. 16
(2) A waiver granted under subsection (a) of this section terminates on 17
January 31, 2011.] 18
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and 24–511 19
of Article – Health – General of the Annotated Code of Maryland be renumbered to be 20
Section(s) 24–509 and 24–510, respectively. 21
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2024. 23