LD 1156
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Page 1 of 2 An Act To Protect Public Health by Clarifying the Laws Regarding Smoking in Pub... LD 1156 Title Page
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LR 1133
Item 1

 
children in the care of a home day care or baby-sitting
service may be present. Smoking is also prohibited in a motor
vehicle whenever a child who is in the care of a home day care
or baby-sitting service is in the vehicle during the
facility's hours of operation.

 
Sec. 5. 22 MRSA §1542, sub-§2, śM, as enacted by PL 1993, c. 342, §1
and affected by §9, is repealed.

 
Sec. 6. 22 MRSA §1544, as enacted by PL 1993, c. 342, §1 and
affected by §9, is amended to read:

 
§1544. Retaliation prohibited

 
A person may not discharge, refuse to hire, discipline or
otherwise retaliate against an employee or applicant any person
who pursues any remedy available to enforce the requirements of
this chapter.

 
Sec. 7. 22 MRSA §1545, as enacted by PL 1993, c. 342, §1 and
affected by §9, is amended to read:

 
§1545. Penalty

 
A person who violates any provision of this chapter commits a
civil violation for which a forfeiture not to exceed fine of $100
to $2,500 may be adjudged for each violation.

 
Sec. 8. 22 MRSA §1547 is enacted to read:

 
§1547.__Enforcement

 
The Attorney General may bring an action to enforce this
chapter in District Court or Superior Court and may seek
injunctive relief, including a preliminary or final injunction,
and fines, penalties and equitable relief and may seek to prevent
or restrain actions in violation of this chapter by a person or
any person controlling such person.

 
SUMMARY

 
This bill clarifies certain definitions in the law governing
smoking in public places, tightens the restrictions regarding
exposure of children to secondhand smoke in day care facilities,
removes the exemption for privately chartered buses, expands the
application of the provision prohibiting retaliation, increases
the range of fines that may be imposed for violation of the law
and adds an enforcement provision to the law that is consistent
with enforcement provisions in other tobacco-related statutes.


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