EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0141*
SENATE BILL 141
N1 4lr0942
SB 817/23 – JPR (PRE–FILED) CF HB 199
By: Senator A. Washington
Requested: October 12, 2023
Introduced and read first time: January 10, 2024
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
(2023 Replacement Volume) 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 141
(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 CONDOMINIU M; 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 AEROSOLIZED OR 13
VAPORIZED VAPING LIQ UID, 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 RES IDENTIAL 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 THAT IS AT LEAST AS STRINGENT A S THE APPLICABLE 23
STATE AND LOCAL LAWS REGARDING SMOKING IF THE PROPERTY SUBJ ECT TO THE 24
CONTROL OF THE GOVER NING BODY IS A MULTI FAMILY DWELLING . 25
(D) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION SHAL L STATE: 26
(1) THE LOCATIONS WHERE SMOKING IS AUTHORIZE D ON THE 27
PROPERTY; 28
(2) THE LOCATIONS WHERE S MOKING IS PROHIBITED ON THE 29
PROPERTY; 30 SENATE BILL 141 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 FINE S FOR VIOLATING 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, 2024. 15