CHAPTER 257
H.P. 799 - L.D. 1156
An Act To Protect Public Health by Clarifying the Laws Regarding Smoking in Public Places
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1541, sub-§§1 and 2, as enacted by PL 1993, c. 342, §1 and affected by §9, are amended to read:
1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed to minimize prevent smoke escaping from the designated area into a public place.
2. Enclosed area. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by floor-to-ceiling walls, windows, shutters, doors or passageways. Partitions, partial walls or office dividers that do not extend from the floor to the ceiling are not demarcations of enclosed areas. A partition, partial wall or office divider is a demarcation of an enclosed area if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.
Sec. 2. 22 MRSA §1542, sub-§1, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:
1. Prohibition. Smoking is prohibited in all enclosed areas of public places and all rest rooms made available to the public. In the case of a child care facility that is not home-based, smoking is also prohibited in a facility-designated motor vehicle within 12 hours before transporting a child who is in the care of the child care facility, and whenever such a child is present in the vehicle. Smoking is also prohibited in outdoor areas of the facility where children may be present.
Sec. 3. 22 MRSA §1542, sub-§2, ¶A, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:
A. Smoking is not prohibited in an enclosed area of a public place during a period of time that the facility containing the enclosed area of the public place is not open to the public. During its normal business hours, a public place must be closed for at least one hour to be considered "not open to the public."
Sec. 4. 22 MRSA §1542, sub-§2, ¶J, as amended by PL 1997, c. 150, §1, is further amended to read:
J. Smoking is not prohibited in a private residence unless the private residence is used as a day care or baby-sitting service, in which case those portions of the private residence used to care for children and adjacent areas from which smoke could enter the areas used to care for children are public places for the period of time that children who are being cared for are present in that portion of the residence. If a private residence is used as a day care or baby-sitting service, smoking is prohibited:
(1) In the residence, during the hours of operation as a day care or baby-sitting service;
(2) In outdoor areas on the property of that private residence, wherever a child under care may be present; and
(3) During the facility's hours of operation, in a motor vehicle owned or operated by the facility whenever a child under care is in the vehicle.
Sec. 5. 22 MRSA §1542, sub-§2, ¶M, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.
Sec. 6. 22 MRSA §1544, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:
A person may not discharge, refuse to hire, discipline or otherwise retaliate against an employee or applicant any person who pursues any remedy available to enforce the requirements of this chapter.
Sec. 7. 22 MRSA §1545, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:
A person who violates any provision of this chapter commits a civil violation for which a forfeiture not to exceed fine of $100 may be adjudged, except that a fine of up to $1,500 may be adjudged for each violation of this chapter in cases when a person engages in a pattern of conduct that demonstrates a lack of good faith in complying with this chapter.
Sec. 8. 22 MRSA §1547 is enacted to read:
The Attorney General may bring an action to enforce this chapter in District Court or Superior Court and may seek injunctive relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or restrain actions in violation of this chapter by a person or any person controlling such person.
Effective September 17, 2005.
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