An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums
Maine Legislature, Session 125, LD 1067
Committee: Veterans and Legal Affairs
Sponsors: SANBORN, BLISS, CLARKE, FOSSEL, GRAHAM, RANKIN, ROCHELO, STRANG BURGESS, STUCKEY, CRAVEN
Amends: 14 MRSA §6030-E, 33 MRSA §1604

Legislative Document 
No. 1067 
H.P. 802 
House of Representatives, March 15, 2011 
An Act To Improve Awareness of Smoking Policies in Maine Rental 
Housing and Condominiums 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SANBORN of Gorham. 
Cosponsored by Senator BLISS of Cumberland and 
Representatives: CLARKE of Bath, FOSSEL of Alna, GRAHAM of North Yarmouth, 
RANKIN of Hiram, ROCHELO of Biddeford, STRANG BURGESS of Cumberland, 
STUCKEY of Portland, Senator: CRAVEN of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6030-E is enacted to read: 
§6030-E.  Smoking policy 
1.  Definitions.  For the purposes of this section, unless the context otherwise 
indicates, the following terms have the following meanings. 
A.  "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. 
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.  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.  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, on 
a form prescribed by the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention, notify a tenant or potential tenant of the smoking policy.  
The disclosure form must include an acknowledgement that the tenant or potential tenant 
has received the disclosure form required by this subsection.  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 provide the disclosure form to the 
tenant or potential tenant, obtain the tenant's or potential tenant's signature on the 
disclosure form and sign the disclosure form.  The Maine Center for Disease Control and 
Prevention shall post and maintain the disclosure form required by this subsection on a 
publicly accessible website in a format that is easily downloaded. 
4.  Penalty.  A person who violates this section commits a civil violation for which a 
fine of not more than $250 per violation may be assessed.  This paragraph is enforceable 
in either District Court or Superior Court. 
Sec. 2.  33 MRSA §1604-119 is enacted to read: 
§1604-119.  Smoking policy 
A declarant shall provide written notice to a purchaser of a unit regarding the 
allowance or prohibition of smoking on the premises.  The notice must state whether 
smoking is prohibited on the premises, allowed on the entire premises or allowed in 
limited areas on the premises.  If the declarant allows smoking in limited areas on the 
premises, the notice must identify the areas on the premises where smoking is allowed.  A 
declarant entering into a sales agreement for real property shall, on a form prescribed by 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention, notify a purchaser of the smoking policy.  The disclosure form must be 
signed by the declarant and the purchaser.  The disclosure form must include an 
acknowledgement that the purchaser has received the disclosure form required by this 
section. 
Sec. 3.  Rules.  The Department of Health and Human Services, Maine Center for 
Disease Control and Prevention shall adopt rules to implement this Act.  Rules adopted 
pursuant to this section are routine technical rules as defined in the Maine Revised 
Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill establishes the duties of a landlord in disclosing the policy pertaining to 
smoking on the premises to all tenants or potential tenants as well as purchasers of 
condominiums.  Disclosures must be in writing and signed by both parties.