In this subtitle the following words have the meanings indicated. “Cannabis” has the meaning stated in § 1–101 of the Alcoholic Beverages and Cannabis Article. “Electronic smoking device” has the meaning stated in § 16.7–101 of the Business Regulation Article. “Employee” has the meaning stated in § 5–101 of the Labor and Employment Article. “Employer” has the meaning stated in § 5–101 of the Labor and Employment Article. “Environmental smoke” means: The complex mixture formed from the escaping smoke of a burning tobacco, cannabis, or hemp product or smoke exhaled by the smoker; or The complex mixture formed from the escaping aerosol of an electronic smoking device or exhaled as electronic smoking device aerosol. “Hemp” has the meaning stated in § 14–101 of the Agriculture Article. “Indoor area open to the public” means: An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or An indoor area of any establishment licensed or permitted under the Alcoholic Beverages and Cannabis Article for the sale or possession of alcoholic beverages. “Place of employment” has the meaning stated in § 5–101 of the Labor and Employment Article. “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance containing, wholly or in part, tobacco, cannabis, or hemp. “Tobacco product” has the meaning stated in § 13–1001 of this article. “Vaping” means the use of: An electronic smoking device; or Any device through which the user inhales aerosol containing tobacco, cannabis, or hemp.

It is the intent of the General Assembly that the State protect the public and employees from involuntary exposure to environmental smoke in indoor areas open to the public, indoor places of employment, and certain designated private areas.

The purpose of this subtitle is to preserve and improve the health, comfort, and environment of the people of the State by limiting exposure to environmental smoke.

Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a person may not smoke or vape in: An indoor area open to the public; An indoor place in which meetings are open to the public in accordance with Title 3 of the General Provisions Article; A government–owned or government–operated means of mass transportation including buses, vans, trains, taxicabs, and limousines; or An indoor place of employment.

This subtitle does not apply to: Private homes, residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, unless being used for the public transportation of children, or as part of health care or child care transportation; A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25%; A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which: The primary activity is the retail sale of tobacco products and accessories; and The sale of other products is incidental; Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or A research or educational laboratory for the purpose of conducting scientific research into the health effects of environmental smoke.

Signs that state “Smoking or Vaping Permitted in This Room” shall be prominently posted and properly maintained where smoking or vaping is allowed under § 24–505(2) of this subtitle. Signs that state “No Smoking or Vaping” shall be conspicuously posted and properly maintained in each indoor area open to the public and each public entrance to an indoor area where smoking or vaping is prohibited under this subtitle. The signs shall be posted and maintained by the owner, operator, manager, or other person having control of the area. The letters on the signs shall be at least 1 inch in height.

The Department shall adopt regulations that prohibit environmental smoke in indoor areas open to the public. On or before September 30 of each year, the Department shall report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on: The enforcement efforts of the Department to eliminate environmental smoke in indoor areas open to the public during the prior year; and The results of these enforcement efforts.

Subject to subsection (c) of this section and except as provided in subsection (d) of this section, a person who violates a provision of this subtitle or a regulation adopted under § 24–507(a) of this subtitle: For a first violation, shall be issued a written reprimand by the Secretary or the Secretary’s designee; For a second violation, is subject to a civil penalty of $100; and For each subsequent violation, is subject to a civil penalty of not less than $250. The Secretary may waive a penalty established under subsection (a) of this section, giving consideration to factors that include: The seriousness of the violation; and Any demonstrated good faith measures to comply with the provisions of this subtitle. This subsection does not apply to an alleged violation of subsection (d) of this section. It is an affirmative defense to a complaint brought against a person for a violation of a provision of this subtitle or a regulation adopted under this subtitle that the person or an employee of the person: Posted a “No Smoking or Vaping” sign as required under § 24–506 of this subtitle; Removed all ashtrays and other smoking or vaping paraphernalia from all areas where smoking is prohibited; and If the violation occurred in a bar, tavern, or restaurant: Refused to seat or serve any individual who was smoking or vaping in a prohibited area; and If the individual continued to smoke or vape after an initial warning, asked the individual to leave the establishment. An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the Department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation. An employee may not: Make a groundless or malicious complaint under this subtitle to the Secretary or an authorized representative of the Secretary; In bad faith, bring an action under this subtitle; or In bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle. The Secretary may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection. A penalty collected by the Secretary under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.

Nothing in this subtitle shall be construed to preempt a county or municipal government from enacting and enforcing more stringent measures to reduce involuntary exposure to environmental smoke.

This subtitle may be cited as the Clean Indoor Air Act.