An Act To Amend the Law Regarding Smoking in Private Clubs
Maine Legislature, Session 122, LD 1901
Committee Amendment CA_A_H830 (House)
Amends: 22 MRSA §1580-A

COMMITTEE AMENDMENT "/J,, to H.P. 1342, L.D. 1901, 
Act To Amend the Law Regarding Smoking in Private Clubs" 
Bill, "An 
Amend the bill by striking out all of section 1 (page 1, 
lines 24 to 35 in L.D.) and inserting in its place the following: 
'Sec. 1. 22 MRSA §IS80-A, sub-§2, 'C-2 is enacted to read: 
C-2. 
"Oualifying 
club" 
means 
a 
veterans' 
service 
organization chartered under 36 United States Code, Subtitle 
II, Part B (2004) that is not open to the public or any 
other club that was not open to the public and that was in 
operation prior to January 1, 2004. 
Sec. 2. 22 MRSA §IS80-A, sub-§7, as amended by PL 2005, c. 
338, §6, is further amended to read: 
7. Application. 
This section does not apply to a business 
facility that is a veterans' service organization chartered under 
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 the 
employer 
and 
all 
the 
employees 
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 
COMMITTEE AMENDMENT 
" 
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COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1342, L.D. 1901 
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. 
This subsection is repealed August 1, 2008. 
Sec.3. 22 MRSA §1580-A, sub-§9 is enacted to read: 
9. 
Exception. 
Beginning 
August 
1, 
2006, 
and 
notwithstanding any provision to the contrary in this section, a 
qualifying club may allow smoking in its business facility in 
accordance with the following provisions. 
A. 
Policies concerning 
smoking must have been mutually 
agreed upon by the employer and all the employees. 
B. 
The qualifying club must have met the requirements of 
this paragraph. 
(1) 
The qualifying club must have written policies 
allowing 
onto 
the 
premises 
only 
the 
employer 
and 
employees, members and invited guests accompanied by a 
member. 
(2) 
A vote in favor of smoking has been conducted 
according to the following provisions: 
(a) 
The qualifying club must provide all members 
notice of the date of the vote at least 30 days 
prior 
to 
the 
vote 
and 
an opportunity for 
an 
absentee 
ballot. 
Information 
designed 
to 
influence 
the 
vote 
of 
the 
member 
may 
not 
be 
provided with the notice and the absentee ballot; 
(b) 
Members 
may 
not 
be 
subjected 
to 
undue 
influence regarding the vote; 
(c) 
A majority of all valid ballots received must 
be in favor of smoking; and 
(d) 
The ballot and procedures 
for voting and 
making available, collecting and counting absentee 
ballots must meet the reguirements established by 
rule 
adopted 
by 
the 
Maine 
Center 
for 
Disease 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,1+ .. to H.P. 1342, L.D. 1901 
Control and Prevention. 
(3) 
The gualifying club must have provided written 
notice to the Maine Center for Disease Control and 
Prevention of the results of the vote within 30 days of 
the vote. 
C. 
The gualifying club may allow smoking under authority of 
this subsection for no longer than 3 years from the date of 
the vote. 
D. 
The gualifying club may revote under this subsection at 
any time. 
E. 
The gualifying club must have retained all ballots for 
at least 3 years and make them available to the Maine Center 
for Disease Control and Prevention upon reguest. 
F. 
The Maine Center for Disease Control and Prevention 
shall 
adopt 
rules 
to 
implement 
this 
subsection. 
Rules 
adopted pursuant to this subparagraph are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. Transition. 
The 
provisions 
of the 
Maine 
Revised 
Statutes, Title 22, section 1580-A, subsection 9 apply to all 
votes to allow smoking in a qualifying club as defined in section 
1580-A, 
subsection 2, paragraph C-2, except that a qualifying 
club that held a vote in favor of smoking under authority of 
Ti tIe 22, section 1580-A, subsection 7 between July 1, 2005 and 
August 1, 2006 may allOW smoking under authority of that vote 
until August 1, 2008.' 
SUMMARY 
This amendment replaces section 1 of the bill. 
It allows 
smoking in qualifying clubs if a majority of all valid ballots 
cast by members and received by a qualifying club are in favor of 
smoking. 
This is a change from current law, which in order to 
allow smoking requires a vote in favor of smoking by a majority 
of all memebers. 
The amendment sets certain standards for the 
vote, 
including 
a 
30-day 
notice, 
absentee 
ballots 
and 
notification 
to 
the 
Maine 
Center 
for 
Disease 
Control 
and 
Prevention. 
The 
amendment 
provides 
for 
a 
transition 
for 
qualifying clubs that have satisfied current law. 
The amendment 
directs the Maine Center for Disease Control and Prevention to 
adopt rules 
and designates those rules as major substantive 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '-f:I" to H. P . 13 42, L • D . 1901 
rules. 
The 
amendment 
provides 
transition 
provisions 
for 
qualifying clubs that conducted votes in favor of smoking prior 
to August 1, 2006. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/27/06 ~ac:.. 
LD 1901 
LR 2586(02) 
An Act To Amend the Law Regarding Smoking in Private Clubs 
Fiscal Note for Bill as Amended by Committee Amendment "/+" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing budgetary resources. 
LR2586(2) - Fiscal Note - Page 1 of 1