An Act To Protect Children in Vehicles from Secondhand Smoke
Maine Legislature, Session 123, LD 2012
Committee Amendment CA_A_H785 (House)
Amends: 22 MRSA §1549

COMMITTEE AMENDMENT" /1" to H.P. 1396, L.D. 2012, Bill, "An Act To 
Protect Children in Vehicles from Secondhand Smoke" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1549 is enacted to read: 
§1549. Smoking in vehicles when minor under 16 years of age is present 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Motor vehicle" has the same meaning as in Title 29-A, section 101, subsection 
42. 
B. 
"Smoking" means inhaling, exhaling, burning or carrying a lighted cigarette, 
cigar, pipe, weed, plant, regulated narcotic or other combustible substance. 
2. Prohibition. Smoking is prohibited in a motor vehicle by the operator or a 
passenger when a person who has not attained 16 years of age is present in that motor 
vehicle, regardless of whether the motor vehicle's windows are open. 
3. Prohibition on inspection or search. A motor vehicle, the contents of the motor 
vehicle or the operator or a passenger in the motor vehicle may not be inspected or 
searched solely because of a violation ofthis section. 
4. Not a moving violation. A violation of this section is a not a moving violation as 
defined in Title 29-A, section 101, subsection 44. 
5. Penalty; warning. Notwithstanding section 1545, penalties for violations of this 
section are as set out in this subsection. 
A. From September I, 2008 to August 31, 2009, a law enforcement officer shall give 
a written warning to an operator or passenger of a motor vehicle who is in violation 
of this section. 
COMMITTEE AMENDMENT 
(~., 
COMMITTEE AMENDMENT "A" to H.P. 1396, L.D. 2012 
B. Beginning September 1, 2009, a person who violates this section commits a civil 
violation for which a fine of $50 must be assessed, except that a law enforcement 
officer may give a written warning to the operator or a passenger of a motor vehicle 
who is in violation of this section. 
Sec. 2. Effective date. This Act takes effect September 1, 2008.' 
SUMMARY 
This amendment is the majority report of the committee. This amendment lowers the 
age of the minors who are protected from secondhand smoke in a motor vehicle from 
under 1 8 years of age to under 16 years of age. The amendment states that the violation 
is not a moving violation. The amendment prohibits searches based solely on a violation 
of the provision, limits the penalty for violating the provision in the first 12 months of its 
taking effect to a warning and retains a violation after that time as a civil violation, for 
which a fine of $50 may be assessed or a warning given in the discretion of the law 
enforcement officer. This amendment provides an effective date of September 1, 2008. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/05/08 frac. 
LD 2012 
LR 2781(02) 
An Act To Protect Children in Vehicles from Secondhand Smoke 
Fiscal Note for Bill as Amended by Committee Amendment 1,(\ " 
Committee: Health and Human Services 
H 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. The collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
Any additional costs to the Maine Center for Disease Control and Prevention in the Department of Health and Human 
Services can be absorbed by the center utilizing existing budgeted resources. 
LR2781(02) - Fiscal Note - Page 1 of 1