An Act To Protect Public Health by Clarifying the Laws Regarding Smoking in Public Places
Maine Legislature, Session 122, LD 1156
Committee Amendment CA_A_H421 (House)

COMMITTEE AMENDMENT ,A" to H.P. 799, L.D. 1156, Bill, "An 
Act To Protect Public Health by Clarifying the Laws Regarding 
Smoking in Public Places" 
Amend 
the bill 
in 
section 
subsection 2 (page 1, lines 11 to 16 
its place the following: 
by 
striking out 
all 
of 
in L.D.) and inserting in 
'2. 
Enclosed area. 
"Enclosed area" means a space between a 
floor 
and 
a 
ceiling 
that 
is 
demarcated 
on 
all 
sides 
by 
~~ee~-se-ee~~~8~ walls, windows, shutters, doors or passageways. 
Pa~E~s~98ST-~~~~-~~~-9F-~~~~~~~~~-shas-~~-eHEe8e 
~Fem-~~-~~~-~e-~~-ee~1~8~-~~-~~-~ema~~~~4e~~-~--e8elesee 
aFeaST 
A partition, 
partial 
wall 
or 
office 
divider 
is 
a 
demarcation of an enclosed area if it extends from the floor to 
within 4 feet of the ceiling or from the ceiling to within 4 feet 
of the floor.' 
Further amend the bill in section 4 by striking out all of 
paragraph J (page 1, lines 43 to 50 and page 2, lines 1 to 5 in 
L.D.) and inserting in its place the following: 
'J. 
Smoking is not prohibited in a private residence unless 
the private residence is used as a day care or baby-sitting 
serviceT--4B--w~~~h--~~-~~-~~-~~--~he--~F~vaEe 
Fes~eeBee-~~e~-~~~-~e~-eR4leFeB-~~}aaent-~~&-~Fem 
wh~eh-~meke-~~~~--~he-aFeas-~£e~-~~~~~-~~-eh~le~eB 
aFe-~~~-~~-~eF-~he-~~~~-~4me-~~-~~~~-whe 
aFe-~~-~~~-f9F--aFe-~~-4~--~ha~-~~~-~--Ehe 
Fes~eeBee. If a private residence is used as a day care or 
baby-sitting service, smoking is prohibited: 
(1) 
In the residence, during the hours of operation as 
a day care or baby-sitting service; 
COMMITTEE AMENDMENT 
~~?t,~ 
COMMITTEE AMENDMENT ,A .. to H.P. 799, L.D. 1156 . 
(2) 
In outdoor areas on the property of that private 
residence. wherever a child under care may be present: 
and 
(3) 
During the facility's hours of operation. in a 
motor 
vehicle 
owned 
or 
operated 
by 
the 
facility 
whenever a child under care is in the vehicle.' 
Further amend the bill in section 7 in that part designated 
"§1545." by striking out all of the indented paragraph (page 2, 
lines 25 to 27 in L.D.) and inserting in its place the following: 
'A person who violates any provision of this chapter commits 
a civil violation for which a 
~e~~ei:~1:u::e-~--4;G--eHeeea fine of 
$100 may be adjudged. except that a fine of up to $1.500 may be 
adjudged for each violation of this chapter in cases when 
a 
person engages in a pattern of conduct that demonstrates a lack 
of good faith in complying with this chapter.' 
SUMMARY 
This amendment clarifies 2 sections of the bill and changes 
the penalty structure proposed in the bill by 
reducing the 
proposed new maximum fine for violations of the smoking laws from 
$2,500 to $1,500 and applying that maximum fine only in instances 
where there is a pattern of violations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/12/05 ~aC!. 
LD 1156 
LR 1133(02) 
An Act To Protect Public Health by Clarifying the Laws Regarding Smoking in Public Places 
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 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional filing fees and fines may increase General Fund revenue by minor amounts. 
LRI133(2) - Fiscal Note - Page 1 of 1