An Act To Protect Workers from Secondhand Smoke and To Promote Worker Safety LR 0822(02)
Maine Legislature, Session 121, LD 1346
Committee Amendment CA_A_S249 (Senate)
Amends: 22 MRSA §1542

COMMITTEE AMENDMENT "A" to S.P. 437, L.D. 1346, Bill, "An 
Act To Protect Workers 
from 
Secondhand Smoke 
and To 
Promote 
Worker Safety" 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 22 MRSA §1542, sub-§2, 1fN is enacted to read: 
N. 
Smoking is not prohibited in designated smoking areas in 
an off-track betting facility or simulcast racing facility 
at a commercial track. if that facility is licensed pursuant 
to Title 8, chapter 11 and in operation on June 30. 2003. as 
long as: 
(1) 
No 
sales 
or 
services 
are 
provided 
in 
the 
designated 
smoking 
area. 
except 
that 
television 
eguipment and stand-alone betting terminals or other 
means of placing wagers may be provided; 
(2) 
No 
employees work in or are reguired to pass 
through the designated smoking area; 
(3) 
Members of the public. except for those who choose 
to be present in the designated smoking area. are not 
reguired to utilize or pass through the designated 
smoking area for any purpose; and 
(4) 
No one under 18 years of age is permitted in the 
designated smoking area.' 
COMMITTEE AMENDMENT 
.. 
r:o-
~ 
COMMITTEE AMENDMENT .. A" to S.P. 437, L.D. 1346 
Further amend the bill by striking out all of section 10 and 
inserting in its place the following: 
'Sec. 10. 2S-A MRSA §1063-B, sub-§§2 and 3, as enacted by PL 
1999, c. 760, §4, are repealed.' 
Further amend the bill by inserting after section 11 the 
following: 
'Sec. 12. Transfer. 
Notwithstanding any other provl.sl.on of 
law, the State Controller shall transfer $243,750 from the Fund 
for a Healthy Maine Other Special Revenue Funds account in the 
Department 
of 
Administrative 
and 
Financial 
Services 
to 
the 
unappropriated surplus of the General Fund no later than June 30, 
2004. 
Sec. 13. Effective date. 
This Act takes effect January 1, 2004.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment is the majority report of the committee. 
It 
allows smoking in designated smoking areas in off-track betting 
facilities and simulcast racing facilities at commercial tracks 
if no sales or services are provided there except those necessary 
for watching a race and placing wagers; no employees are required 
to pass through the area; members of the public, except for those 
who 
choose to utilize the designated smoking area, 
are not 
required to utilize or pass through the area; and minors are not 
permitted in the area. 
The amendment transfers funds from the 
Fund for a Heal thy Maine to the General Fund to cover potential 
losses from changes in liquor license categories. 
This amendment 
provides an effective date of January 1, 2004. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
JI 
Net Cost (Savings) 
General Fund 
Fund for a Healthy Maine 
Revenue 
General Fund 
Transfers 
General Fund 
Fund for a Healthy Maine 
Revised: 05/29/03 frae 
Office of Fiscal and Program Review 
LD 1346 
An Act To Protect Workers from Secondhand Smoke and To Promote 
Worker Safety 
LR 0822(02) 
Fiscal Note for Bill as Amended by Committee Amendment ';c{" S-d,,<{CJ 
Committee: Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
($195,000) 
$243,750 
($48,750) 
$243,750 
($243,750) 
2004-05 
$65,000 
$0 
($65,000) 
$0 
$0 
Projections 
2005-06 
$65,000 
$0 
($65,000) 
$0 
$0 
Proj ections 
2006-07 
$65,000 
$0 
($65,000) 
$0 
$0 
Correctional and Judicial Impact Statements 
May increase civil violations 
Fiscal Detail and Notes 
Eliminating certain exemptions from the prohibition on smoking in public places is likely to result in a change of 
license status for a number of establishments, thus resulting in a loss of licensing revenue collected for the General 
Fund. The Department of Public Safety estimates General Fund revenue losses of $48,750 in fiscal year 2003-04 and 
$65,000 for each fiscal year thereafter. The bill also transfers $243,750 in Fund for a Healthy Maine (FIIM) balances 
resulting from disencumbered Bureau of Health FHM allocations that will lapse back to the FHM in state fiscal year 
2003-03, to the General Fund in 2003-04. 
LR0822(2) - Fiscal Note - Page 1 of 1