PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 338
S.P. 294 - L.D. 886

An Act To Promote Parity in the Laws Governing Smoking in the Workplace

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §1541, sub-§3, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.

     Sec. 2. 22 MRSA §1542, sub-§2, ¶I, as enacted by PL 1993, c. 342, §1 and affected by §9, is repealed.

     Sec. 3. 22 MRSA §1580-A, sub-§2, ¶¶A-1 and C-1 are enacted to read:

A-1. "Club" means a reputable group of individuals, including a veterans' service organization chartered under 36 United States Code, Subtitle II, Part B (2004), incorporated and operating in a bona fide manner solely for purposes of a recreational, social, patriotic or fraternal nature and not for pecuniary gain.
C-1. "Member" means a person who, whether as a charter member or admitted in accordance with applicable bylaws, is a bona fide member of a club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. A person who does not have full membership privileges may not be considered a bona fide member.

     Sec. 4. 22 MRSA §1580-A, sub-§§3 and 4, as enacted by PL 1985, c. 126, are amended to read:

     3. Policy; notice. Each employer shall establish, or may negotiate through the collective bargaining process, a written policy concerning smoking and nonsmoking by employees in that portion of any business facility for which he the employer is responsible. In order to protect the employer and employees from the detrimental effects of smoking by others, the policy shall must prohibit smoking except in designated smoking areas. The policy may prohibit smoking throughout the business facility. The employer shall post and supervise the implementation of the policy. The employer shall provide a copy of this policy to any employee upon request. Nothing in this section may affect the right of any employer to establish policies concerning smoking and nonsmoking by members of the public who have access to the business facility. Nothing in this section may be construed to subject an employer to any additional liability, other than liability which that may exist by law, for harm to an employee from smoking by others in any business facility covered by this section.

All enclosed areas of a business facility into which members of the public are invited or allowed are governed by the provisions of chapter 262.
The Bureau of Health shall accept inquiries from employers and employees and shall, when requested, assist employers in developing a policy.

     4. Violations. Failure to establish, post or supervise the implementation of a policy Any violation of this section is a civil violation for which a fine of not more than $100 may be adjudged, except that a fine of not more than $1,500 may be adjudged for each violation of this section in cases in which the employer has engaged in a pattern of conduct that demonstrates a lack of good faith in complying with the requirements of this section. The Bureau of Health shall have has authority to enforce provisions of this section.

     Sec. 5. 22 MRSA §1580-A, sub-§4-A is enacted to read:

     4-A. Injunctive relief. The Attorney General may bring an action to enforce this section 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 violations of this section by any person.

     Sec. 6. 22 MRSA §1580-A, sub-§7, as enacted by PL 1985, c. 126, is amended to read:

     7. Application. This section does not apply to any a business facility where 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.

Effective September 17, 2005.

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