Sec. 1. 22 MRSA §1541, sub-§§1 and 2, as enacted by PL 1993, c. 342, §1 and affected by §9, are amended to read:

1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed to minimize prevent smoke escaping from the designated area into a public place.

2. Enclosed area. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by floor-to- ceiling walls, windows, shutters, doors or passageways. Partitions, partial walls or office dividers that do not extend from the floor to within 4 feet of the ceiling are not demarcations of enclosed areas.

Sec. 2. 22 MRSA §1542, sub-§1, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:

1. Prohibition. Smoking is prohibited in all enclosed areas of public places 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.

Sec. 3. 22 MRSA §1542, sub-§2, ¶A, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:

A. Smoking is not prohibited in an enclosed area of a public place during a period of time that the facility containing the enclosed area of the public place is not open to the public. During its normal business hours, a public place must be closed for at least one hour to be considered "not open to the public."

Sec. 4. 22 MRSA §1542, sub-§2, ¶J, as amended by PL 1997, c. 150, §1, is further amended to read:

J. Smoking is not prohibited in a private residence unless the private residence is used as a day care or baby-sitting service, in which case those portions of the private residence used to care for children and adjacent areas from which smoke could enter the areas used to care for children are public places smoking is prohibited for the period of time that children who are being cared for are present in that portion of the residence and in outdoor areas where