Maryland 2025 Regular Session

Maryland Senate Bill SB108 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	sb0108
6	6
7	7	SENATE BILL 108
8	8	N1 5lr1543
9	9	SB 141/24 – JPR (PRE–FILED)
10	10	By: Senator A. Washington
11	11	Requested: October 31, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Multifamily Dwellings – Smoking Policies 2
20	20
21	21	FOR the purpose of requiring the governing body of a common ownership community to 3
22	22	develop a smoking policy if the property subject to the control of the governing body 4
23	23	is a multifamily dwelling; and generally relating to multifamily dwellings in the 5
24	24	State. 6
25	25
26	26	BY adding to 7
27	27	Article – Real Property 8
28	28	Section 14–134 9
29	29	Annotated Code of Maryland 10
30	30	(2023 Replacement Volume and 2024 Supplement) 11
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33	33	That the Laws of Maryland read as follows: 13
34	34
35	35	Article – Real Property 14
36	36
37	37	14–134. 15
38	38
39	39	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
40	40	INDICATED. 17
41	41
42	42	(2) “COMMON OWNERSHIP COMM UNITY” MEANS A CONDOMINIUM OR 18
43	43	A COOPERATIVE HOUSIN G CORPORATION . 19
44	44
45	45	(3) “CONDOMINIUM ” HAS THE MEANING STAT ED IN § 11–101 OF THIS 20
46	46	ARTICLE. 21
47	47	2 SENATE BILL 108
48	48
49	49
50	50	(4) “COOPERATIVE HOUSING C ORPORATION ” HAS THE MEANING 1
51	51	STATED IN § 5–6B–01 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE. 2
52	52
53	53	(5) “MULTIFAMILY DWELLING ” MEANS A RESIDENTIAL BUILDING 3
54	54	THAT IS PART OF A CO MMON OWNERSHIP COMMU NITY WITH MULTIPLE DWELLI NG 4
55	55	UNITS, A COMMON ENTRANCE , AND COMMON AREAS , INCLUDING HALLWAYS , 5
56	56	ELEVATORS, AND STAIRS. 6
57	57
58	58	(6) “RESIDENTIAL OWNER ” MEANS: 7
59	59
60	60	(I) A UNIT OWNER OF A CONDOMINI UM; OR 8
61	61
62	62	(II) A MEMBER OF A COOPERAT IVE HOUSING CORPORAT ION. 9
63	63
64	64	(7) “SMOKE” OR “SMOKING” MEANS: 10
65	65
66	66	(I) THE INHALING, EXHALING, BURNING, OR CARRYING OF ANY 11
67	67	LIGHTED MATTER OR LI GHTED SUBSTANCE ; OR 12
68	68
69	69	(II) THE USE OF A DEVICE T O DELIVER AEROSOLIZED OR 13
70	70	VAPORIZED VAPING LIQ UID, AS DEFINED IN § 16.7–101 OF THE BUSINESS 14
71	71	REGULATION ARTICLE, TO AN INDIVIDUAL INH ALING FROM THE DEVIC E. 15
72	72
73	73	(B) THIS SECTION APPLIES TO MULTIFAMILY DWELL INGS WITH FOUR OR 16
74	74	MORE DWELLING UNITS THAT ARE: 17
75	75
76	76	(1) USED FOR THE BENEFIT O F A RESIDENTIAL OWNE R IN A COMMON 18
77	77	OWNERSHIP COMMUNITY ; OR 19
78	78
79	79	(2) RENTED BY THE RESIDEN TIAL OWNER OF THE DW ELLING UNIT TO 20
80	80	A TENANT UNDER A LEA SE. 21
81	81
82	82	(C) THE GOVERNING BODY OF A COMMON OWNERSHIP COM MUNITY SHALL 22
83	83	DEVELOP A SMOKING PO LICY THAT IS AT LEAST AS STRINGENT AS THE APP LICABLE 23
84	84	STATE AND LOCAL LAWS REGARDING SMOKING IF THE PROPERTY SUBJ ECT TO THE 24
85	85	CONTROL OF THE GOVER NING BODY IS A MULTI FAMILY DWELLING . 25
86	86
87	87	(D) A POLICY UNDER SUBSECT ION (C) OF THIS SECTION SHAL L STATE: 26
88	88
89	89	(1) THE LOCAT IONS WHERE SMOKING I S AUTHORIZED ON THE 27
90	90	PROPERTY; 28
91	91
92	92	(2) THE LOCATIONS WHERE S MOKING IS PROHIBITED ON THE 29
93	93	PROPERTY; 30 SENATE BILL 108 3
94	94
95	95
96	96
97	97	(3) ANY CONDITIONS ON THE ABILITY TO SMOKE IN AREAS OF THE 1
98	98	PROPERTY WHERE SMOKI NG IS AUTHORIZED ; 2
99	99
100	100	(4) THE PROCESS TO FILE A COMPLAINT A GAINST AN INDIVIDUAL 3
101	101	WHO VIOLATES THE POL ICY; AND 4
102	102
103	103	(5) ANY PENALTIES OR FINE S FOR VIOLATING THE POLICY. 5
104	104
105	105	(E) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 6
106	106
107	107	(1) LIMIT THE RIGHTS OF A GOVERNING BODY OF A COMMON 7
108	108	OWNERSHIP COMMUNITY , TENANT, OR RESIDENTIAL OWNER TO INITIATE OR 8
109	109	DEFEND AGAINST A CIV IL ACTION; OR 9
110	110
111	111	(2) PREEMPT A COUNTY OR M UNICIPAL GOVERNMENT FROM 10
112	112	ENACTING AND ENFORCI NG MEASURES REGARDIN G SMOKING POLICIES I N 11
113	113	MULTIFAMILY DWELLING S THAT ARE MORE STRI NGENT THAN A POLICY ADOPTED 12
114	114	UNDER THIS SECTION. 13
115	115
116	116	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
117	117	October 1, 2025. 15
118	118
119	119