MD
Maryland House Bill HB238

Maryland 2024 Regular Session

Maryland House Bill HB238 Compare Versions

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1- WES MOORE, Governor Ch. 754
21
3-– 1 –
4-Chapter 754
5-(House Bill 238)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0238*
810
9-Public Health – Clean Indoor Air Act – Revisions
11+HOUSE BILL 238
12+J1 (4lr0196)
13+ENROLLED BILL
14+— Economic Matters/Finance —
15+Introduced by Chair, Economic Matters Committee (By Request – Departmental –
16+Health)
1017
11-FOR the purpose of prohibiting vaping in certain indoor areas and places of employment
12-and certain mass transportation; requiring that certain signs be posted and
13-maintained in a certain manner in each indoor area open to the public and each
14-public entrance to an indoor area where smoking or vaping is prohibited under the
15-Clean Indoor Air Act; requiring the Maryland Department of Health to convene a
16-workgroup to study the issuance of alcoholic beverages licenses to tobacconists;
17-prohibiting a local alcoholic beverages license from being issued to a tobacconist
18-during a certain period of time; and generally relating to the Clean Indoor Air Act.
18+Read and Examined by Proofreaders:
1919
20-BY repealing and reenacting, with amendments,
21- Article – Health – General
22- Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2)
23- Annotated Code of Maryland
24- (2023 Replacement Volume)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2524
26-BY repealing
27- Article – Health – General
28- Section 24–509
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3126
32-BY repealing and reenacting, with amendments,
33- Article – Labor and Employment
34- Section 5–608(b)(1)
35- Annotated Code of Maryland
36- (2016 Replacement Volume and 2023 Supplement)
27+_______ day of _______________ at ________________________ o’clock, ________M.
3728
38-BY renumbering
39- Article – Health – General
40-Section 24–510 and 24–511
41-to be Section 24–509 and 24–510, respectively
42- Annotated Code of Maryland
43- (2023 Replacement Volume)
29+______________________________________________
30+Speaker.
4431
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
32+CHAPTER ______
4733
48-Article – Health – General
49- Ch. 754 2024 LAWS OF MARYLAND
34+AN ACT concerning 1
5035
51-– 2 –
52-24–501.
36+Public Health – Clean Indoor Air Act – Revisions 2
5337
54- (a) In this subtitle the following words have the meanings indicated.
38+FOR the purpose of prohibiting vaping in certain indoor areas and places of employment 3
39+and certain mass transportation; requiring that certain signs be posted and 4
40+maintained in a certain manner in each indoor area open to the public and each 5
41+public entrance to an indoor area where smoking or vaping is prohibited under the 6
42+Clean Indoor Air Act; requiring the Maryland Department of Health to convene a 7
43+workgroup to study the issuance of alcoholic beverages licenses to tobacconists; 8
44+prohibiting a local alcoholic beverages license from being issued to a tobacconist 9
45+during a certain period of time; and generally relating to the Clean Indoor Air Act. 10
5546
56- (b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article]
57-§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE.
47+BY repealing and reenacting, with amendments, 11
48+ Article – Health – General 12
49+ Section 24–501, 24–504, 24–505, 24–506, and 24–508(c)(2) 13 2 HOUSE BILL 238
5850
59- (C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN §
60-16.7–101 OF THE BUSINESS REGULATION ARTICLE.
6151
62- [(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and
63-Employment Article.
52+ Annotated Code of Maryland 1
53+ (2023 Replacement Volume) 2
6454
65- [(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and
66-Employment Article.
55+BY repealing 3
56+ Article – Health – General 4
57+ Section 24–509 5
58+ Annotated Code of Maryland 6
59+ (2023 Replacement Volume) 7
6760
68- [(e)] (F) “Environmental smoke” means [the]:
61+BY repealing and reenacting, with amendments, 8
62+ Article – Labor and Employment 9
63+ Section 5–608(b)(1) 10
64+ Annotated Code of Maryland 11
65+ (2016 Replacement Volume and 2023 Supplement) 12
6966
70- (1) THE complex mixture formed from the escaping smoke of a burning
71-tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR
67+BY renumbering 13
68+ Article – Health – General 14
69+Section 24–510 and 24–511 15
70+to be Section 24–509 and 24–510, respectively 16
71+ Annotated Code of Maryland 17
72+ (2023 Replacement Volume) 18
7273
73- (2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAP ING AEROSOL
74-OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING
75-DEVICE AEROSOL .
74+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
75+That the Laws of Maryland read as follows: 20
7676
77- (G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE
78-ARTICLE.
77+Article – Health – General 21
7978
80- [(f)] (H) “Indoor area open to the public” means:
79+24–501. 22
8180
82- (1) An indoor area or a portion of an indoor area accessible to the public by
83-either invitation or permission; or
81+ (a) In this subtitle the following words have the meanings indicated. 23
8482
85- (2) An indoor area of any establishment licensed or permitted under the
86-Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages.
83+ (b) “Cannabis” has the meaning stated in [§ 5–101 of the Criminal Law Article] 24
84+§ 1–101 OF THE ALCOHOLIC BEVERAGES AND CANNABIS ARTICLE. 25
8785
88- [(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor
89-and Employment Article.
86+ (C) “ELECTRONIC SMOKING DE VICE” HAS THE MEANING STAT ED IN § 26
87+16.7–101 OF THE BUSINESS REGULATION ARTICLE. 27
9088
91- [(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any
92-other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp.
89+ [(c)] (D) “Employee” has the meaning stated in § 5–101 of the Labor and 28
90+Employment Article. 29
9391
94- (K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS
95-ARTICLE. WES MOORE, Governor Ch. 754
92+ [(d)] (E) “Employer” has the meaning stated in § 5–101 of the Labor and 30
93+Employment Article. 31
9694
97-– 3 –
95+ [(e)] (F) “Environmental smoke” means [the]: 32
96+ HOUSE BILL 238 3
9897
99- (L) “VAPING” MEANS THE USE OF :
10098
101- (1) AN ELECTRONIC SMOKING DEVICE; OR
99+ (1) THE complex mixture formed from the escaping smoke of a burning 1
100+tobacco, cannabis, or hemp product or smoke exhaled by the smoker; OR 2
102101
103- (2) ANY DEVICE THROUGH WHICH THE USER INHALES AEROSOL
104-CONTAINING HEMP OR CANNABIS TOBACCO, CANNABIS, OR HEMP.
102+ (2) THE COMPLEX MIXTURE F ORMED FROM THE ESCAP ING AEROSOL 3
103+OF AN ELECTRONIC SMO KING DEVICE OR EXHAL ED AS ELECTRONIC SMO KING 4
104+DEVICE AEROSOL . 5
105105
106-24–504.
106+ (G) “HEMP” HAS THE MEANING STAT ED IN § 14–101 OF THE AGRICULTURE 6
107+ARTICLE. 7
107108
108- Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a
109-person may not smoke OR VAPE in:
109+ [(f)] (H) “Indoor area open to the public” means: 8
110110
111- (1) An indoor area open to the public;
111+ (1) An indoor area or a portion of an indoor area accessible to the public by 9
112+either invitation or permission; or 10
112113
113- (2) An indoor place in which meetings are open to the public in accordance
114-with Title 3 of the General Provisions Article;
114+ (2) An indoor area of any establishment licensed or permitted under the 11
115+Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages. 12
115116
116- (3) A government–owned or government–operated means of mass
117-transportation including buses, vans, trains, taxicabs, and limousines; or
117+ [(g)] (I) “Place of employment” has the meaning stated in § 5–101 of the Labor 13
118+and Employment Article. 14
118119
119- (4) An indoor place of employment.
120+ [(h)] (J) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 15
121+other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp. 16
120122
121-24–505.
123+ (K) “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 13–1001 OF THIS 17
124+ARTICLE. 18
122125
123- This subtitle does not apply to:
126+ (L) “VAPING” MEANS THE USE OF : 19
124127
125- (1) Private homes, residences, including residences used as a business or
126-place of employment, unless being used by a person who is licensed or registered under
127-Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles,
128-unless being used for the public transportation of children, or as part of health care or child
129-care transportation;
128+ (1) AN ELECTRONIC SMOKING DEVICE; OR 20
130129
131- (2) A hotel or motel room rented to one or more guests as long as the total
132-percent of hotel or motel rooms being so used does not exceed 25%;
130+ (2) ANY DEVICE THROUGH WH ICH THE USER INHALES AEROSOL 21
131+CONTAINING HEMP OR CANNABIS TOBACCO, CANNABIS, OR HEMP. 22
133132
134- (3) A retail tobacco business that is a sole proprietorship, limited liability
135-company, corporation, partnership, or other enterprise, in which:
133+24–504. 23
136134
137- (i) The primary activity is the retail sale of tobacco products and
138-accessories; and
135+ Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 24
136+person may not smoke OR VAPE in: 25
139137
140- (ii) The sale of other products is incidental;
141- Ch. 754 2024 LAWS OF MARYLAND
138+ (1) An indoor area open to the public; 26
142139
143-– 4 –
144- (4) Any facility of a manufacturer, importer, wholesaler, or distributor of
145-tobacco products or of any tobacco leaf dealer or processor in which employees of the
146-manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
140+ (2) An indoor place in which meetings are open to the public in accordance 27
141+with Title 3 of the General Provisions Article; 28
142+ 4 HOUSE BILL 238
147143
148- (5) A research or educational laboratory for the purpose of conducting
149-scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke.
150144
151-24–506.
145+ (3) A government–owned or government–operated means of mass 1
146+transportation including buses, vans, trains, taxicabs, and limousines; or 2
152147
153- (a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be
154-prominently posted and properly maintained where smoking OR VAPING is allowed under
155-§ 24–505(2) of this subtitle.
148+ (4) An indoor place of employment. 3
156149
157- (B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE
158-CONSPICUOUSLY POSTED AND PROPERLY MAINTAI NED IN EACH INDOOR A REA OPEN
159-TO THE PUBLIC AND EA CH PUBLIC ENTRANCE T O AN INDOOR AREA WHE RE SMOKING
160-OR VAPING IS PROHIBI TED UNDER THIS SUBTI TLE.
150+24–505. 4
161151
162- [(b)] (C) The signs shall be posted and maintained by the owner, operator,
163-manager, or other person having control of the area.
152+ This subtitle does not apply to: 5
164153
165- [(c)] (D) The letters on the signs shall be at least 1 inch in height.
154+ (1) Private homes, residences, including residences used as a business or 6
155+place of employment, unless being used by a person who is licensed or registered under 7
156+Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 8
157+unless being used for the public transportation of children, or as part of health care or child 9
158+care transportation; 10
166159
167-24–508.
160+ (2) A hotel or motel room rented to one or more guests as long as the total 11
161+percent of hotel or motel rooms being so used does not exceed 25%; 12
168162
169- (c) (2) It is an affirmative defense to a complaint brought against a person for
170-a violation of a provision of this subtitle or a regulation adopted under this subtitle that the
171-person or an employee of the person:
163+ (3) A retail tobacco business that is a sole proprietorship, limited liability 13
164+company, corporation, partnership, or other enterprise, in which: 14
172165
173- (i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as
174-required under § 24–506 of this subtitle;
166+ (i) The primary activity is the retail sale of tobacco products and 15
167+accessories; and 16
175168
176- (ii) Removed all ashtrays and other smoking OR VAPING
177-paraphernalia from all areas where smoking is prohibited; and
169+ (ii) The sale of other products is incidental; 17
178170
179- (iii) If the violation occurred in a bar, tavern, or restaurant:
171+ (4) Any facility of a manufacturer, importer, wholesaler, or distributor of 18
172+tobacco products or of any tobacco leaf dealer or processor in which employees of the 19
173+manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 20
180174
181- 1. Refused to seat or serve any individual who was smoking
182-OR VAPING in a prohibited area; and
175+ (5) A research or educational laboratory for the purpose of conducting 21
176+scientific research into the health effects of [tobacco] ENVIRONMENTAL smoke. 22
183177
184- 2. If the individual continued to smoke OR VAPE after an
185-initial warning, asked the individual to leave the establishment.
178+24–506. 23
186179
187-[24–509.
188- WES MOORE, Governor Ch. 754
180+ (a) Signs that state “Smoking OR VAPING Permitted in This Room” shall be 24
181+prominently posted and properly maintained where smoking OR VAPING is allowed under 25
182+§ 24–505(2) of this subtitle. 26
189183
190-– 5 –
191- (a) Within 90 days from the receipt of an application for a waiver and the date
192-that all conditions for the application for a waiver required in the regulations adopted by
193-the Secretary have been satisfied, the health officer of a county may grant a waiver from
194-the application of a specific provision of this subtitle, if prior to the granting of the waiver,
195-the applicant for a waiver establishes in writing:
184+ (B) SIGNS THAT STATE “NO SMOKING OR VAPING” SHALL BE 27
185+CONSPICUOUSLY POSTED AND PROPERLY MAINTAI NED IN EACH INDOOR A REA OPEN 28
186+TO THE PUBLIC AND EA CH PUBLIC ENTRANCE T O AN INDOOR AREA WHE RE SMOKING 29
187+OR VAPING IS PROHIBI TED UNDER THIS SUBTI TLE. 30
196188
197- (1) Compliance with a specific provision of this subtitle would cause undue
198-financial hardship; or
189+ [(b)] (C) The signs shall be posted and maintained by the owner, operator, 31
190+manager, or other person having control of the area. 32 HOUSE BILL 238 5
199191
200- (2) The existence of other factors that would render compliance
201-unreasonable.
202192
203- (b) The Secretary may impose conditions or restrictions on a waiver granted
204-under subsection (a) of this section to:
205193
206- (1) Minimize the adverse effects of the waiver on individuals involuntarily
207-exposed to secondhand smoke; and
194+ [(c)] (D) The letters on the signs shall be at least 1 inch in height. 1
208195
209- (2) Ensure that the waiver is consistent with the purposes of this subtitle.
196+24–508. 2
210197
211- (c) The Secretary shall adopt regulations necessary to implement this section.
198+ (c) (2) It is an affirmative defense to a complaint brought against a person for 3
199+a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 4
200+person or an employee of the person: 5
212201
213- (d) (1) A waiver may not be granted under subsection (a) of this section on or
214-after January 31, 2011.
202+ (i) Posted a “No [Smoking”] SMOKING OR VAPING” sign as 6
203+required under § 24–506 of this subtitle; 7
215204
216- (2) A waiver granted under subsection (a) of this section terminates on
217-January 31, 2011.]
205+ (ii) Removed all ashtrays and other smoking OR VAPING 8
206+paraphernalia from all areas where smoking is prohibited; and 9
218207
219-Article – Labor and Employment
208+ (iii) If the violation occurred in a bar, tavern, or restaurant: 10
220209
221-5–608.
210+ 1. Refused to seat or serve any individual who was smoking 11
211+OR VAPING in a prohibited area; and 12
222212
223- (b) (1) The Department shall adopt regulations that prohibit environmental
224-[tobacco] smoke, as defined in § 24–501 of the Health – General Article, in indoor places of
225-employment not normally open to the general public.
213+ 2. If the individual continued to smoke OR VAPE after an 13
214+initial warning, asked the individual to leave the establishment. 14
226215
227- SECTION 2. AND BE IT FURTHER ENACTED, That:
216+[24–509. 15
228217
229- (a) The Maryland Department of Health shall convene a workgroup to study the
230-issuance of alcoholic beverages licenses to tobacconists.
218+ (a) Within 90 days from the receipt of an application for a waiver and the date 16
219+that all conditions for the application for a waiver required in the regulations adopted by 17
220+the Secretary have been satisfied, the health officer of a county may grant a waiver from 18
221+the application of a specific provision of this subtitle, if prior to the granting of the waiver, 19
222+the applicant for a waiver establishes in writing: 20
231223
232- (b) The workgroup shall include:
224+ (1) Compliance with a specific provision of this subtitle would cause undue 21
225+financial hardship; or 22
233226
234- (1) two Senators designated by the President of the Senate;
227+ (2) The existence of other factors that would render compliance 23
228+unreasonable. 24
235229
236- (2) two Delegates designated by the Speaker of the House; Ch. 754 2024 LAWS OF MARYLAND
230+ (b) The Secretary may impose conditions or restrictions on a waiver granted 25
231+under subsection (a) of this section to: 26
237232
238-– 6 –
233+ (1) Minimize the adverse effects of the waiver on individuals involuntarily 27
234+exposed to secondhand smoke; and 28
239235
240- (3) one representative from the Alcohol, Tobacco, and Cannabis
241-Commission;
236+ (2) Ensure that the waiver is consistent with the purposes of this subtitle. 29
242237
243- (4) one representative from the Maryland Department of Health; and
238+ (c) The Secretary shall adopt regulations necessary to implement this section. 30 6 HOUSE BILL 238
244239
245- (5) one representative from a cigar retailers trade association.
246240
247- (c) On or before July 1, 2025, the workgroup shall report its findings and
248-recommendations to the General Assembly in accordance with § 2–1257 of the State
249-Government Article.
250241
251- SECTION 3. AND BE IT FURTHER ENACTED, That a local alcoholic beverages
252-license may not be issued to a tobacconist from July 1, 2024, to July 1, 2026, both inclusive.
242+ (d) (1) A waiver may not be granted under subsection (a) of this section on or 1
243+after January 31, 2011. 2
253244
254- SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and
255-24–511 of Article – Health – General of the Annotated Code of Maryland be renumbered to
256-be Section(s) 24–509 and 24–510, respectively.
245+ (2) A waiver granted under subsection (a) of this section terminates on 3
246+January 31, 2011.] 4
257247
258- SECTION 3. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
259-July 1, 2024.
248+Article – Labor and Employment 5
260249
261-Approved by the Governor, May 16, 2024.
250+5–608. 6
251+
252+ (b) (1) The Department shall adopt regulations that prohibit environmental 7
253+[tobacco] smoke, as defined in § 24–501 of the Health – General Article, in indoor places of 8
254+employment not normally open to the general public. 9
255+
256+ SECTION 2. AND BE IT FURTHER ENACTED, That: 10
257+
258+ (a) The Maryland Department of Health shall convene a workgroup to study the 11
259+issuance of alcoholic beverages licenses to tobacconists. 12
260+
261+ (b) The workgroup shall include: 13
262+
263+ (1) two Senators designated by the President of the Senate; 14
264+
265+ (2) two Delegates designated by the Speaker of the House; 15
266+
267+ (3) one representative from the Alcohol, Tobacco, and Cannabis 16
268+Commission; 17
269+
270+ (4) one representative from the Maryland Department of Health; and 18
271+
272+ (5) one representative from a cigar retailers trade association. 19
273+
274+ (c) On or before July 1, 2025, the workgroup shall report its findings and 20
275+recommendations to the General Assembly in accordance with § 2–1257 of the State 21
276+Government Article. 22
277+
278+ SECTION 3. AND BE IT FURTHER ENACTED, That a local alcoholic beverages 23
279+license may not be issued to a tobacconist from July 1, 2024, to July 1, 2026, both inclusive. 24
280+
281+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 24 –510 and 25
282+24–511 of Article – Health – General of the Annotated Code of Maryland be renumbered to 26
283+be Section(s) 24–509 and 24–510, respectively. 27
284+
285+ SECTION 3. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
286+July 1, 2024. 29