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 for the period of time that children who are being cared for are present in that portion of the residence. If a private residence is used as a day care or baby-sitting service, smoking is 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Sec. 5. 22 MRSA §1542, sub-§2, ¶M, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.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