An Act To Promote Parity in the Laws Governing Smoking in the Workplace
Maine Legislature, Session 122, LD 0886
Committee: Health and Human Services
Sponsors: TURNER, MILLS, PERRY, LEWIN, MILLER, PINGREE, SAMPSON
Amends: 22 MRSA §1580-A

Legislative Document 
No. 886 
S.P.294 
In Senate, February 22,2005 
An Act To Promote Parity in the Laws Governing Smoking in the 
Workplace 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator TURNER of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: MILLS of Somerset, PERRY of Penobscot, Representatives: 
LEWIN of Eliot, MILLER of Somerville, MILLS of Farmington, PINGREE of North Haven, 
SAMPSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §1541, sub-§3, as enacted by PL 1993, c. 342, 
§l and affected by §9, is repealed. 
Sec. 2. 22 MRS A §1542, sub-§2,~, as enacted by PL 1993, c. 
342, §l and affected by §9, is repealed. 
Sec. 3. 22 MRSA §1580-A, sub-§§3 and 4, as enacted by PL 1985, 
c. 126, are amended to read: 
3. 
Policy; notice. 
Each employer shall establish, or may 
negotiate through the collective bargaining process, 
a written 
policy concerning smoking and nonsmoking by employees in that 
portion of any business facility for which ae the employer is 
responsible. 
In order to protect the employer and employees from 
the detrimental effects of smoking by others, the policy saa:lo± 
must prohibit smoking except in designated smoking areas. 
The 
policy may prohibit smoking throughout the business facility. 
The employer shall post and supervise the implementation of the 
policy. 
The employer shall provide a copy of this policy to any 
employee upon request. 
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Nothing in this section may be construed to 
subject 
an 
employer 
to 
any 
additional liability, 
other 
than 
liability wRiea that may exist by law, for harm to an employee 
from smoking by others in any business facility covered by this 
section. 
All enclosed areas of 
a 
workplace into which members of the 
public are invited or allowed are governed by the provisions of 
chapter 262. 
The Bureau of Health shall accept inquiries from employers and 
employees 
and 
shall, 
when 
requested, 
assist 
employers 
in 
developing a policy. 
4. 
Violations. 
Failure to establish, post or supervise the 
implementation of a policy is a civil violation for which a fine 
of 
B9t;--Hl9Fe--t=aaB 
$100 
to 
$2,500 
may 
be 
adjudged 
for 
each 
violation. 
The 
Bureau of Health 6Ra-l-l--aa¥e has authority to 
enforce provisions of this section. 
Sec. 4. 22 MRS A §1580-A, sub-§4-A is enacted to read: 
A. 
Enforcement. 
Enforcement actions for violations may 
be brought against a person smoking in an enclosed area of a 
public place, 
the 
owner 
of 
the public place 
or both. 
The 
Attorney General may bring an action to enforce this section in 
District Court or Superior Court and may seek injunctive relief, 
Page l-LR1l3l(1) 
including a preliminary or final injunction, and fines, penalties 
and equitable relief and may seek to prevent or restrain actions 
in violation of 
this 
section by 
any 
person 
or 
any 
person 
controlling such a person. 
Sec. 5. 22 MRSA §1580-A, sub-§7, as enacted by PL 1985, c. 
126, is repealed. 
SUMMARY 
This bill clarifies that enclosed areas of workplaces that 
are open to the public are governed by the public places smoking 
laws; 
increases 
the 
range of fines that may 
be 
imposed for 
violation 
of 
the 
Workplace 
Smoking 
Act 
of 
1985; 
adds 
an 
enforcement 
provision 
to 
the 
law 
that 
is 
consistent 
with 
enforcement provisions in other tobacco-related statutes; 
and 
repeals the provision that exempts workplaces from the Workplace 
Smoking Act of 1985 if the employer and all employees agree to do 
so.