An Act To Protect Workers from Secondhand Smoke and To Promote Worker Safety
Maine Legislature, Session 121, LD 1346
Committee: Legal and Veterans Affairs
Sponsors: TURNER, DUPLESSIE, BRENNAN, MAYO, WESTON, KANE, LEWIN, MILLS, RICHARDSON, SIMPSON
Amends: 8 MRSA §275-D, 22 MRSA §1541, 22 MRSA §1542, 28-A MRSA §2, 28-A MRSA §1011-A, 28-A MRSA §1051, 28-A MRSA §1063-A, 28-A MRSA §1063-B, 28-A MRSA §1065

Legislative Document 
No. 1346 
S.P.437 
In Senate, March 12, 2003 
An Act To Protect Workers from Secondhand Smoke and To 
Promote Worker Safety 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator TURNER of Cumberland. 
Cosponsored by Representative DUPLESSIE of Westbrook and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRENNAN of Cumberland, MAYO of Sagadahoc, WESTON of Waldo, 
Representatives: KANE of Saco, LEWIN of Eliot, MILLS of Cornville, RICHARDSON of 
Brunswick, SIMPSON of Auburn. 
Printed 011 recycled papt!f 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 8 MRSA §275-D, sub-§I, as amended by PL 1999, c. 421, 
§l, is further amended to read: 
1. 
Off-track betting on simulcast racing. 
A person may 
conduct pari-mutuel wagering at an off-track betting facility 
that is licensed under this section, if the person is licensed to 
operate a hotel, as defined in Title 28-A, section 2, subsection 
15, 
paragraph 
H, 
with public 
dining 
facilities, 
a 
Class 
A 
restaurant, as defined in Title 28-A, section 2, subsection 15, 
paragraph R, or a Class A restaurant/lounge, as defined in Title 
28-A, section 2, subsection 15, paragraph 
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±§T-~a~a~~a~A-R-6. 
Sec. 2. 22 MRSA §1541, sub-§4, as amended by PL 1999, c. 54, 
§1, is further amended to read: 
4. 
Public place. 
"Public place" means any placeT-,iae~~a,ia~ 
a--B&&~a~FaBtT not open to the sky into which the public is 
invited 
or 
allowed. 
Except 
as 
provided 
in 
section 
1542, 
subsection 2, paragraph J, a private residence is not a public 
place. 
Sec. 3. 22 MRSA §1541, sub-§5, as repealed and replaced by PL 
1999, c. 54, §2, is repealed. 
Sec. 4. 22 MRSA §1542, sub-§2, 1fG, as enacted by PL 1993, c. 
342, §1 and affected by §9, is repealed. 
Sec. 5. 22 MRSA §1542, sub-§3, as enacted by PL 1993, c. 342, 
§1 and affected by §9, is repealed. 
Sec. 6. 28-A MRSA §2, sub-§15, 1f1fR-2 and R-3, as enacted by PL 
1999, §421, §3, are repealed. 
Sec. 7. 28-A MRSA §1011-A, sub-§3, as amended by PL 1999, c. 
421, §§4 and 5, is further amended to read: 
3. 
Eligible premises. 
The following premises are eligible 
for a Class XI license: 
A. Class A restaurant/lounget-aaa~ 
Sec. 8. 28-A MRSA §1051, sub-§2, as amended by PL 1999, c. 
421, §6, is further amended to read: 
Page l-LR0822(I) 
2. 
Local approval of application for license. 
EHeept- -: ~ el' 
±ieeBses--issaeG-~~-~~-~~~~~-±Q~J-A7--tae The 
initial 
application for the license must first be approved under section 
by the municipal officers of the municipality in which the 
applicant's premises are located or, if the premises are located 
in an unincorporated place, the application must be approved by 
the 
county 
commissioners 
of 
the 
county 
wi thin 
which 
the 
unincorporated place is located. 
Sec. 9. 28-A MRSA §1063-A, as enacted by PL 1999, c. 421, 
§7, is repealed. 
Sec. 10. 28-A MRSA §1063-B, sub-§2, as enacted by PL 1999, c. 
760, §4, is repealed. 
Sec. 11. 28-A MRSA §1065, sub-§4, as amended by PL 1999, c. 
568, §2, is further amended to read: 
4. 
Minors not allowed on premises. Minors are not permitted 
to remain on the premises except when: 
A. 
The minor is accompanied by a parent, legal guardian or 
custodian as defined in Title 22, section 4002; or 
B. 
The licensee does not permit consumption of liquor on 
the premises for a specific period of time or eventf-el'~ 
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SUMMARY 
Under 
current 
law, 
smoking is 
banned in most 
types 
of 
establishments where 
the public is invited or 
allowed; 
as 
a 
result, 
individuals 
who 
work 
in 
those 
establishments 
are 
protected from secondhand smoke. 
The purpose of this bill is to 
extend that protection to employees 
who 
work 
in pool halls, 
taverns 
and all 
lounges, 
including hotel 
lounges, 
off-track 
betting lounges and restaurants with a Class A lounge license. 
This bill eliminates those existing exemptions from the general 
prohibition against smoking in public places and repeals the 
provision in the public places law that permits public places to 
have a designated smoking area as long as no sales, services or 
other commercial or public activities are conducted in that area.