An Act To Protect Public Health by Clarifying the Laws Regarding Smoking in Public Places
Maine Legislature, Session 122, LD 1156
Committee: Health and Human Services
Sponsors: WALCOTT, MAYO, BURNS, CRAVEN, GROSE, MILLER, PINGREE
Amends: 22 MRSA §1541, 22 MRSA §1542, 22 MRSA §1544, 22 MRSA §1545, 22 MRSA §1547

Legislative Document 
No. 1156 
H.P.799 
House of Representatives, March 8, 2005 
An Act To Protect Public Health by Clarifying the Laws Regarding 
Smoking in Public Places 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative WALCOTT of Lewiston. 
Cosponsored by Senator MAYO of Sagadahoc and 
'7r/~ /J7. 7lltJC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, CRAVEN of Lewiston, GROSE of Woolwich, MILLER 
of Somerville, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1541, sub-§§l and 2, as enacted by PL 1993, c. 
342, §l 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 
miaimise 
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 
E±ee~-te-eei±ia~ walls, windows, shutterh doors or passageways. 
Partitions, partial walls or office dividers that do not extend 
from 
the 
floor 
to 
within 
feet 
of 
the 
ceiling 
are 
not 
demarcations of enclosed areas. 
Sec. 2. 22 MRSA §1542, sub-§I, as enacted by PL 1993, c. 342, 
§l 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, §l 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, §l, 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 
tRese--~~~~-~---~--~Fiyate 
~esiaeaee-~£~B-~~~~-~eF-€R4±a£en-~~~-a~a&-E~em 
wRieR-£ffi9~~-~~~~--~~-a~eas-~£~~-~~~~-~F-eRi±aFea 
a~e--p-ub-l...,i-o--F±aees smoking is l?rohibi ted for the period of 
time that children who are being cared for are present in 
tRat--po-r~...,i~-eE the residence and in outdoor areas where 
Page l-LR1l33(1) 
children in the care of a 
home day care or baby-sitting 
se rv ice may be pre s en t . 
.!.!S~m~o~k,-"i"-ln~g~~i"-,sL-~a~l,,-,s;!..!o"---J:p~rwool.!h,,,-~,!,.· b~i-"t~e",dL--",i",nL--",a 
motor vehicle whenever a child who is in the care of a home 
day care or baby-sitting service is in the vehicle during 
the facility's hours of operation. 
Sec. 5. 22 MRS A §1542, sub-§2, ,M, as enacted by PL 1993, c. 
342, §l 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: 
§1544. Retaliation prohibited 
A person may not discharge, refuse to hire, discipline or 
otherwise retaliate against aB--empJ.-ey-ee--G-F--app;U,eaBt; 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: 
§1545. Penalty 
A person who violates any provision of this chapter commits 
a civil violation for which a 
~e~~ei,t;1:l~e-.£J:€>-t--t-G--eHeeee. fine of 
$100 to $2,500 may be adjudged for each violation. 
Sec. 8. 22 MRSA §1547 is enacted to read: 
:10 
§1547. 
Enforcement 
The Attorney General may bring all 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 eq~itable relief and may seek to prevent 
or restrain actions in violation of this chapter by a person or 
any person controlling such person. 
SUMMARY 
This bill clarifies certain definitions in the law governing 
smoking in public places, 
tightens the restrictions regarding 
exposure of children to secondhand smoke in day care facilities, 
removes the exemption for privately chartered buses, expands the 
application of the provision prohibiting retaliation, increases 
·-!R 
the range of fines that may be imposed for violation of the law 
and adds an enforcement provision to the law that is consistent 
SO 
with enforcement provisions in other tobacco-related statutes.