An Act To Promote Parity in the Laws Governing Smoking in the Workplace
Maine Legislature, Session 122, LD 0886
Committee Amendment CA_A_S261 (Senate)
Amends: 22 MRSA §1580-A

COMMITTEE 
AMENDMENT ·A· to S. P. 
To 
Promote Parity in the 
Laws 
294, L.D. 
Governing 
886, Bill, 
Smoking in 
"An 
the 
Workplace" 
read: 
Amend the bill by inserting after section 2 the following: 
. Sec. 3. 22 MRSA §1580-A, sub-§2, "A-l and C-l are enacted to 
A-1. 
"Club" 
means 
a 
reputable 
group 
of 
individuals, 
including a veterans' service organization chartered under 
United 
States 
Code, 
Subtitle 
II. 
Part 
B 
(2004), 
incorporated and operating in a bona fide manner solely for 
purposes of a recreational, social, patriotic or fraternal 
nature and not for pecuniary gain. 
C-l. 
"Member" means 
a 
person who, 
whether as 
a 
charter 
member or admitted in accordance with applicable bylaws, is 
a bona fide member of a club and who maintains membership in 
good standing by payment of dues in a bona fide manner in 
accordance with 
bylaws 
and 
whose 
name 
and 
address 
are 
entered on the list of members. 
A person who does not have 
full membership privileges may not be considered a bona fide 
member. • 
Further amend the bill in section 3 in subsection 3 in the 
first blocked paragraph in the first line (page 1, line 31 in 
L.D.) by striking out the following: 
"workplace" and inserting 
in its place the following: 
'business facility' 
Page l-LRl131 (2) 
COMMITTEE AMENDMENT 
.,fib. 
~. 
COMMITTEE AMENDMENT ~ 
to S.P. 294, L.D. 886 
Further amend the bill in section 3 by striking out all of 
subsection 4 (page 1, lines 39 to 43 in L.D.) and inserting in 
its place the following: 
• 4. 
Violations. 
~aiJ,1:u;e--t-o--e£-tahl-i£h"7--pG-s-1:---o-r--s\:l~ervise 
~ae-iffi~J,effieB~a~ieB-a~-a-~aJ,iey Any violation of this section is a 
civil violation for which a fine of not more than $100 may be 
adjudged, except that a 
fine of not more than $1, 500 may be 
adjudged for each violation of this section in cases in which the 
employer has engaged in a pattern of conduct that demonstrates a 
lack of good faith in complying with the requirements of this 
section. 
The 
Bureau of Health saaJ,J,--aave has authority to 
enforce provisions of this section.' 
Further amend the bill by striking out all of sections 4 and 
and inserting in their place the following: 
· Sec. 4. 22 MRSA §1580-A, sub-§4-A is enacted to read: 
4-A. 
Injunctive relief. 
The Attorney General may bring an 
action to enforce this section in District Court or Superior 
Court and may seek injunctive relief. including a preliminary or 
final injunction and fines, penalties and equitable relief. and 
may seek to prevent or restrain violations of this section by any 
person. 
Sec. 5. 22 MRSA §1580-A, sub-§7, as enacted by PL 1985, c. 
126, is amended to read: 
7. 
Application. 
This 
section does 
not apply to 
aay 
Q 
business facility waare that is a veterans' service organization 
chartered under 36 United States Code, Subtitle II, Part B (2004) 
that is not open to the public or to any other club that was not 
open to the public and that was in operation prior to January 1, 
2004, if policies concerning smoking have been mutually agreed 
upon by .t.M employer and all the employeesT and the veterans' 
service organization or the club: 
A. 
Has written procedures ensuring that only the employer 
and employees, members and invited guests accompanied by a 
member are allowed entry to the premises: and 
B. 
Demonstrates by a written secret ballot vote taken at 
least once every 3 years that a majority of the members have 
voted to allow smoking. 
The 
date of the vote 
must 
be 
announced to all members at least 14 days prior to the 
vote. 
All ballots cast in the vote must be kept on file for 
at least 3 years and made available to the Bureau of Health 
upon request.' 
COMMITTEE AMENDMENT 
, 
~fb· 
~. 
COMMITTEE AMENDMENT A" to S.P. 294, L.D. 886 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment allows for fines of up to $1,500 for each 
violation of the workplace 
smoking 
laws 
in cases 
where 
the 
employer has engaged in a pattern of conduct that demonstrates a 
lack of good faith in complying with those laws, and allows the 
Attorney 
General 
to 
seek 
injunctive 
relief, 
including 
a 
preliminary 
or 
final 
injunction 
and 
fines, 
penalties 
and 
equitable relief, or to seek to prevent or restrain violations of 
those laws. 
The 
amendment also limits the "opt-out" provision under 
current workplace smoking laws to federally chartered veterans' 
service organizations and to private clubs in existence prior to 
January 1, 2004. 
The amendment retains provisions in current law 
that require the mutual agreement of the employer and all the 
employees to allow smoking in those facilities, but adds the 
requirements that they also have a written procedure ensuring 
that only the employer and employees, members and invited guests 
accompanied 
by 
a 
member 
are 
allowed 
entry 
and 
that 
they 
demonstrate, by a written secret ballot vote taken at least once 
every 3 years, that a majority of the membership has voted to 
allow smoking. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: OS/2/05 *ae 
LD886 
LR 1131(02) 
An Act To Promote Parity in the Laws Governing Smoking in the Workplace 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the range of fines to $1,500 for violations under the Workplace Smoking Act 
The collection of additional fines may increase General fund revenue by minor amounts 
This bill may increase the number of civil suits filed in the court system. 
Fiscal Detail and Notes 
Any additional costs regarding enforcement against certain employers can be absorbed by the Department of the 
Attorney General utilizing existing budgeted resources. 
LRl131 (2) - Fiscal Note - Page 1 of 1