An Act To Strengthen the Workplace Smoking Laws and Other Laws Governing Smoking
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1542, sub-§2, ¶F, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.
Sec. 2. 22 MRSA §1542, sub-§2, ¶J, as amended by PL 2005, c. 257, §4, is further amended to read:
J.
Smoking is 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 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. 3. 22 MRSA §1580, as reallocated by PL 1983, c. 816, Pt. A, §15, is repealed.
Sec. 4. 22 MRSA §1580-A, sub-§2, ¶A, as enacted by PL 1985, c. 126, is amended to read:
A. "Business facility" means a structurally enclosed location or portion thereof at which employees perform services for their employer. A business facility shall does not include any workplace or portion of a workplace which that also serves as the employee's or employer's personal residence. A business facility is a place of employment. Notwithstanding this paragraph, a personal residence or unit or apartment in a residential facility is a business facility only during the period of time that an employee is physically present to perform work there. A residential facility, nursing home or a hospital is a business facility.
Sec. 5. 22 MRSA §1580-A, sub-§2, ¶A-2 is enacted to read:
A-2. "Designated smoking area" means an outdoor area where smoking is permitted, which must be at least 20 feet from entryways, vents and doorways.
Sec. 6. 22 MRSA §1580-A, sub-§2, ¶C-3 is enacted to read:
C-3. "Residential facility" means a facility with one or more residential units or apartments that is licensed by the Department of Health and Human Services.
Sec. 7. 22 MRSA §1580-A, sub-§3, as amended by PL 2005, c. 338, §4, is repealed and the following enacted in its place:
Sec. 8. 22 MRSA §1580-B, as amended by PL 2001, c. 59, §§1 to 3, is repealed.
Sec. 9. 22 MRSA §1825, as enacted by PL 1983, c. 293, is repealed.
Effective September 12, 2009