H.P. 1342 - L.D. 1901
An Act To Amend the Law Regarding Smoking in Private Clubs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1580-A, sub-§2, ¶C-2 is enacted to read:
C-2. "Qualifying 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 §1580-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 36 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This subsection is repealed August 1, 2008.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 requirements established by rule adopted by the Maine Center for Disease Control and Prevention.
(3) The qualifying 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 qualifying club may allow smoking under authority of this subsection for no longer than 3 years from the date of the vote.
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. 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 Title 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.
Effective August 23, 2006.
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