Maine Legislature, Session 122, LD 2055
Committee Amendment CA_A-HA_F_H1111 (House)
Amends: 22 MRSA §1580-A

AMENDMENT 
II~' to COMMITTEE 
AMENDMENT 
II A" 
to H.P. 
2055, 
Bill, 
"An 
Act 
To 
Correct 
Errors 
and 
Inconsistencies in the Laws of Maine" 
Amend the amendment by adding after Part E the following: 
'PARTF 
Sec. F-l. 22 MRSA §1580-A, sub-§7, as amended' by PL 2005, c. 
581, §2, is further amended to read: 
7. Appl.ication. 
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 
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This subsection is repealed AH~Hst September 1, 2008. 
Page l-LR3065(4) 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "y;. to COMMITTEE 
AMENDMENT "A" to H. P. 1449, 
L.D. 2055 
Sec. F-2. 22 MRSA §1580-A, sub-§9, as enacted by PL 2005, c. 
581, §3, is further amended to read: 
9. 
Exception. 
Beginning 
AQ~Qs~ September 
1, 
notwithstanding any provision to the contrary in this 
qualifying club may allow smoking in its business 
accordance with the following provisions. 
2006, 
and 
section, a 
facility in 
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 
allowing 
employees, 
member. 
qualifying club must have written pOlicies 
onto 
the 
premises 
only 
the 
employer 
and 
members and invited guests accompanied by a 
(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 requirements established by 
rule 
adopted 
by 
the 
Maine 
Center 
for 
Disease 
Control and Prevention. 
(3) 
The 
notice to 
Prevention 
the vote. 
qualifying club must have provided written 
the Maine Center for Disease Control 
and 
of the results of the vote within 30 days of 
C. 
The qualifying club may allow smoking under authority of 
this subsection for no longer than 3 years from the date of 
the vote. 
HOUSE AMENDMENT 
.'~' 
~., 
HOUSE 
AMENDMENT "r. to COMMITTEE 
AMENDMENT "A" 
L.D. 2055 
to H.P. 
1449, 
D. 
The qualifying club may revote under this subsection at 
any time. 
E. 
The qualifying 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 request. 
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. F·3. PL 2005, c. 581, §4 is amended to read: 
Sec. 4. Transition. 
The 
prov~s~ons of 
the 
Maine 
Revised 
Statutes, Title 22, section 15BO-A, subsection 9 apply to all 
votes to allow smoking in a qualifying club as defined in section 
l5BO-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 l5BO-A, subsection 7 between July 1, 2005 and 
A1:HJHsl: September 1, 2006 may allow smoking under authority of 
that vote until AH~Hsl: September 1, 200B.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by 
or 
SUMMARY 
relettering or renumbering 
section 
number 
to 
read 
This amendment changes the date for the new voting procedure 
for smoking in private clubs from August 1, 2006 to September 1, 
2006 and makes the same change in the transition section. 
It 
also changes the duration of the vote's authority to September 1, 
200B. 
This 
amendment 
is 
needed 
because 
of 
the 
delayed 
adjournment 
of 
the 
Second 
Regular 
Session 
of 
the 
122nd 
Legislature. 
SPONSORED BY: 
(Representative SIMPSON) 
TOWN: 
Auburn 
HOUSE AMENDMENT