An Act to Provide a Method of Compensation for Personal Injuries Caused by Sidestream Tobacco Smoke
Maine Legislature, Session 121, LD 0074
Committee: Health and Human Services
Sponsors: CLOUGH
Amends: 22 MRSA §1646

Legislative Document 
No. 74 
H.P.82 
House of Representatives, January 16,2003 
An Act to Provide a Method of Compensation for Personal Injuries 
Caused by Sidestream Tobacco Smoke 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CLOUGH of Scarborough. 
Prinled on recyc led paper 
'7Y/~111.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 5 MRSA §I2004-G, sub-§3I-C is enacted to read: 
31-C. 
Smoking 
Side stream 
Smoke 
$100 per 
day; 
Compensation 
expenses 
Board 
MRSA 
§1646 
Sec. 2. 22 MRSA c. 266-B is enacted to read: 
CHAPTER 266-B 
SIDESTREAM SJ«)KE COMPENSATION 
§1645. 
Definition 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates," sidestream smoke" means tobacco smoke given off by a 
lighted cigarette, cigar or pipe or other object in a person's 
possession. 
§1646. 
Sidestream Smoke Compensation Board 
1. 
Board 
established. 
Pursuant 
to 
Title 
5, 
section 
12004-G, 
subsection 
31-C, 
the 
Sidestream 
Smoke 
Compensation 
Board, referred to in this chapter as the "board," is established 
as an independent board composed of 8 members. 
Except for the 
Attorney General, 
who 
is an ex officio board member, 
or the 
Attorney 
General's 
designee, 
members 
of 
the 
board 
must 
be 
appointed 
by 
the 
Governor, 
subject 
to 
review 
by 
the 
joint 
standing committee of the Legislature having jurisdiction over 
human 
resources matters 
and confirmation by the Legislature. 
Notwithstanding Title 3, chapter 6, the committee shall complete 
its review of an appointment of the Governor within 15 days of 
the Governor's written notice of appointment, and the vote of the 
Legislature must be taken no later than 7 days after the vote of 
the committee or the reconvening of the Legislature, whichever is 
earlier. 
2. 
Membership. 
The board is composed of the following 
members: 
A. 
The Attorney General or the Attorney General's designee; 
and 
B. 
The following members appointed by the Governor: 
(1) 
One 
member chosen from 
a list provided by the 
Maine Medical Association or its successor organization; 
Page l-LR0515(1) 
(2) 
One member chosen from a list provided by the 
Maine 
Osteopathic 
Association 
or 
its 
successor 
organization; 
(3) 
One 
member 
chosen 
from 
a list provided by 
a 
statewide association dedicated to eradicating 
lung 
disease; 
(4) 
One 
member 
chosen 
from 
a list provided by 
a 
statewide association dedicated to eradicating heart 
disease; 
( 5) 
One member chosen from a list provided by the 
Maine 
State 
Bar 
Association 
or 
its 
successor 
organization; and 
(6) 
Two public members. 
Any list submitted to the Governor by an association named or 
described in this paragraph must have at least 4 names. 
A member of the board is not liable in a civil action for any act 
performed in good faith in the execution of duties as a board 
member. 
A lobbyist required to be registered with the Secretary of State 
may not be a member of the board. 
3. 
Terms. 
Members of the board hold office for staggered 
terms of 4 years, except for the initial members of the board and 
except for the member 
representing the Attorney General. 
An 
appointed member may not serve more than 2 full terms. 
The Governor shall initially designate one member for a 
term 
expiring February I, 2005; 2 members for terms expiring February 
L 
2006; 
members for terms expiring February L 
2007; and 2 
members for terms expiring February 1, 2008. 
4. 
Removal. 
Board 
members 
hold office 
for 
the 
terms 
provided, 
unless 
removed, 
and 
until 
their 
successors 
are 
appointed and qualified. 
They must be sworn and may be removed 
by the Governor for inefficiency, willful neglect of duty or 
malfeasance in office, but only with the review and concurrence 
of 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
human 
resources 
matters 
upon 
hearing 
in 
executive session. 
Before removing a board member, the Governor 
shall notify the President of the Senate and the Speaker of the 
House of Representatives of the removal and the reasons for the 
removal. 
5. 
Vacancies. 
If a vacancy occurs during a board member's 
term of office, the Governor shall appoint a replacement to fill 
the unexpired part of the term. 
The replacement must be from the 
association named or described under subsection 2, paragraph B 
represented by the member being replaced. 
If the office of chair 
becomes vacant. the board member who has served for the longest 
period of time shall act as chair until the Governor makes an 
appointment to fill the vacancy. 
6. 
Chair. 
The 
board shall annually elect one 
of its 
members to serve as chair for a one-year term expiring February 
1st each year. 
The term as chair of the first member elected to 
that position expires February L 
2005. 
The chair may vote on 
all matters before the board. 
7. 
Quorum. 
Five members constitute a quorum. 
A quorum is 
necessary to transact all business and carry out the duties of 
the board. 
8. 
Voting regyirements. 
The board may take action only by 
majority vote of its membership. 
9. 
Sala~: 
e~nses. 
A board member 
appointed by the 
Goyernor is entitled to a per diem of $100. 
Members of the board 
receive their actual, necessary cash expenses while on official 
business of the board. 
10. 
Headg;uarters: regional offices. 
The board must have 
its central office in the Augusta area. 
The board may hold 
sessions at any place within the State. 
11. 
Hiring personnel. 
The board may hire personnel as 
needed to carry out its duties. 
Personnel hired are unclassified 
employees, serve at the pleasure of the board and are not subject 
to the Civil Service Law. 
12. 
Budget. 
The board shall administer its budget with the 
assistance of any personnel hired under subsection 10. 
§1647 . 
POvers and duties 
1. 
Rules. 
Consistent with the requirements of the Maine 
Administratiye Procedure Act, 
the board shall adopt rules to 
carry out its duties under this chapter. 
Rules adopted pursuant 
to this subsection are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
2. 
Duties. 
The board shall establish procedures to hear 
and decide claims of and make monetary awards to persons claiming 
physical 
injury, 
loss 
of 
work 
or 
other 
damages 
from 
the 
sidestream smoke of a person or persons other than the person 
making the claim. 
If the board decides in favor of a person 
making a claim, the board shall make a monetary award for the 
amount of lost work, medical costs, legal costs, hardship and 
suffering 
and 
any 
other 
damages 
the 
board 
determines 
just 
compensation. 
The burden is on the person making the claim to 
prove that sidestream smoke caused the person's damages. 
§1648. 
Compensation funds 
Funds 
for 
monetary 
awards 
under 
section 
1647 
must 
be 
provided from any monetary awards made to the State pursuant to 
lawsuits brought against tobacco companies. 
Sec. 3. Effective date. 
This A.ct takes effect January 1, 2004. 
SUMMARY 
This bill creates the Sidestream Smoke Compensation Board 
for 
the 
purpose 
of 
assessing 
claims 
of 
persons 
injured 
by 
sidestream smoke. 
If the board determines that a 
person was 
damaged by sidestream smoke, the board will make a monetary award 
to 
the 
person 
to 
compensate 
for 
damages. 
Funds 
for 
this 
compensation will 
come 
from 
money 
awarded 
to 
the 
State 
in 
lawsuits against tobacco companies.