An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums
Maine Legislature, Session 125, LD 1067
Committee Amendment CA_A_H276 (House)
Amends: 14 MRSA §6030-E

COMMITTEE AMENDMENT "11" to H.P. 802, L.D. 1067, Bill, "An Act To 
Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve Awareness of Smoking Policies in Maine Rental Housing' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §6030-E is enacted to read: 
§6030-E. Smoking policy 
1. 
Definition. 
For the purposes of this section, unless the context otherwise 
indicates, "smoking" means carrying or having in one's possession a lighted cigarette, 
cigar, pipe or other object giving off tobacco smoke. 
2. Smoking policy disclosure. A landlord who or other person who on behalf of a 
landlord enters into a lease or tenancy at will agreement for residential premises that are 
used by a tenant or will be used by a potential tenant as a primary residence shall provide 
to the tenant or potential tenant a smoking policy disclosure that notifies tenants or 
potential tenants of the landlord's policy regarding smoking on the premises in 
accordance with subsection 3. 
3. Notification. A landlord who or other person who on behalf of a landlord enters 
into a lease or tenancy at will agreement for residential premises shall provide written 
notice to a tenant or potential tenant regarding the allowance or prohibition of smoking on 
the premises. 
A. The notice must state whether smoking is prohibited on the premises, allowed on 
the entire premises or allowed in limited areas of the premises. If the landlord allows 
smoking in limited areas on the premises, the notice must identify the areas on the 
premises where smoking is allowed. 
COMMITTEE AMENDMENT 
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lO 
COMMITTEE AMENDMENT 'fl "to H.P. 802, L.D. 1067 
B. A landlord or other person who acts on behalf of a landlord may notify a tenant or 
potential tenant of a smoking policy by: 
(1) Disclosing the smoking policy in a written lease agreement; or 
(2) Providing a separate written notice to a tenant or potential tenant entering 
into a tenancy at will agreement. 
C. Before a tenant or potential tenant enters into a contract or pays a deposit to rent 
or lease a property, the landlord or other person who acts on behalf of a landlord shall 
obtain a written acknowledgment of the notification of the smoking policy from the 
tenant or potential tenant. 
4. 
Construction. 
This subsection restricts private causes of action based on 
violations of this section or smoking policies provided to tenants or potential tenants 
pursuant to this section. 
A. A tenant or potential tenant may not maintain a private cause of action against a 
landlord or other person who acts on behalf of a landlord on the sole basis that the 
landlord or other person who acts on behalf of a landlord failed to provide the 
smoking policy disclosure required by this section. 
B. A tenant or potential tenant may not use a violation of a smoking policy by 
another tenant as the basis for a private cause of action against a landlord or other 
person who acts on behalf of a landlord.' 
SUMMARY 
This amendment changes the title and replaces the bill. The amendment requires that 
landlords disclose the policy pertaining to smoking on the premises to all tenants or 
potential tenants. The amendment requires the landlord to provide notice as part of a 
lease agreement or through a separate written notice to those tenants or potential tenants 
entering into a tenancy at will agreement. 
The amendment removes the requirement in the bill that the landlord provide notice 
using a form developed by the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention through rules. The amendment removes the penalty 
provision in the bill and clarifies that the failure by a landlord to provide disclosure of the 
smoking policy as required does not create grounds for a private cause of action by a 
tenant against a landlord. The amendment clarifies that a tenant may not use a violation 
of a smoking policy by another tenant as the basis for a private cause of action against a 
landlord. The amendment also removes the section of the bill requiring disclosure of 
smoking policies to purchasers of condominiums. 
COMMITTEE AMENDMENT