An Act To Protect Children and the Public from Electronic Cigarette Vapor
Maine Legislature, Session 127, LD 1108
Committee Amendment CA_B_H429 (House)
Amends: 22 MRSA §1541, 22 MRSA §1542, 22 MRSA §1578-B, 22 MRSA §1580-A

COMMITTEE AMENDMENT .:(3" to H.P. 769, L.D. 1108, Bill, "An Act To 
Protect Children and the Public from Electronic Cigarette Vapor" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Restrict the Use of Electronic Nicotine Delivery Devices in Hospitals, 
Schools and Day Cares' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1541, sub-§l-A is enacted to read: 
1-A. Electronic nicotine deliverv device. "Electronic nicotine delivery device" 
means any noncombustible device containing or delivering nicotine or any other 
substance intended for human consumption that employs a heating element, power 
source, electronic circuit or other electronic, chemical or mechanical means and that may 
be used to simulate smoking through inhalation of vapor or aerosol from the device, 
including, without limitation, a device manufactured, distributed, marketed or sold as an 
electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape 
pen. "Electronic nicotine delivery device" does not include any product regulated as a 
drug or device by the United States Food and Drug Administration under Chapter V of 
the Federal Food, Drug, and Cosmetic Act. 
Sec. 2. 22 MRSA §1542, sub-§l, as amended by PL 2009, c. 140, §1, is further 
amended to read: 
1. Prohibition. Smoking is prohibited in all enclosed areas of public places, outdoor 
eating areas as provided in section 1550 and all rest rooms made available to the public. 
In the case of a child care facility that is not home-based, smoking is also prohibited in a 
facility-designated motor vehicle within 12 hours before transporting a child who is in the 
care of the child care facility, and whenever such a child is present in the vehicle. 
Smoking is also prohibited in outdoor areas· of the facility where children may be present. 
Use of an electronic nicotine delivery device does not constitute smoking. Use of an 
COMMITTEE AMENDMENT 
\.t~· 
COMMITTEE AMENDMENT J3" to H.P. 769, L.D. 1108 
electronic nicotine delivery device is prohibited in a child care facility that is not home-
based. 
Sec. 3. 22 MRSA §1542, sub-§2, ~J, as amended by PL 2009, c. 300, §2, is 
further amended to read: 
J. 
Smoking is and the use of an electronic nicotine delivery device are not 
prohibited in a private residence, subject to section 1580-A, unless the private 
residence is used as a day care or baby-sitting service. If a private residence is used 
as a day care or baby-sitting service, smoking is and the use of an electronic nicotine 
delivery device are prohibited: 
(1) In the residence, during the hours of operation as a day care or baby-sitting 
service; 
(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. 
Sec. 4. 22 MRSA §1578-B, sub-§2, as amended by PL 2007, c. 156, §2, is 
further amended to read: 
2. Prohibition. Except as provided in subsection 3, tobacco use and the use of an 
electronic nicotine delivery device as defined in section 1541, subsection I-A in the 
buildings or on the grounds of any elementary or secondary school is are prohibited. ' 
Sec. 5. 22 MRSA §1578-B, sub-§§3 and 6, as enacted by PL 1987, c. 687, are 
amended to read: 
3. Exceptions. Tobacco use and the use of an electronic nicotine delivery device as 
dermed in section 1541. subsection I-A may be permitted in classrooms only as part of a 
bona fide demonstration during a class lesson, with prior notice being given to the 
schoo1's administrator. 
6. 
Enforcement. The principal of the elementary or secondary school, or the 
principal's designee, shall enforce the law prohibiting and restricting tobacco use and the 
use of an electronic nicotine delivery device as defined in section 1541, subsection I-A 
under this section. 
Sec. 6. 22 MRSA §1580-A, sub-§3-A is enacted to read: 
3-A. Policy for use of an electronic nicotine delivery device in hospitals. Each 
hospital shall establish, or may negotiate through the collective' bargaining process, a 
written policy concerning the use of electronic nicotine delivery devices as defined in 
section 1541. subsection I-A by employees in that portion of any hospital for which the 
employer is responsible, subiect to paragraph A. The policy must prohibit the use of an 
electronic nicotine delivery device indoors subject to paragraph A and may prohibit the 
use of an electronic nicotine delivery device outdoors except in designated areas. 
A. All areas of a business facility into which members of the public are invited or 
allowed are governed by the provisions of chapter 262.' 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT~"tOH.P. 769,L.D.1108 
SUMMARY 
This amendment, which is the minority report, changes the bill's title and replaces the 
bill. It enacts a definition of "electronic nicotine delivery device" and restricts the use of 
an electronic nicotine delivery device in hospitals, schools and day cares. 
COMMITTEE AMENDMENT