Sec. 1. 22 MRSA §1580-E is enacted to read:

§1580-E.__Smoking by amusement ride operators

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Amusement owner" means the owner of an amusement ride or, if the amusement ride is leased, the lessee. "Amusement owner" may include a person, the State or a political subdivision of the State

B.__"Amusement ride" means:

(1)__A device that is intended to give amusement, excitement, pleasure or thrills to children whom the device carries along or around a fixed or restricted course or within a defined area; or

(2)__A structure that gives amusement, excitement, pleasure or thrills to children who move around, over or through the structure without the aid of a moving device integral to the structure.

"Amusement ride" does not include a device or structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion or science.

C.__"Children" means persons 12 years of age or younger.

D.__"Operator" means an amusement owner or the amusement owner's employee or agent in actual control of an amusement ride.

2.__Prohibition.__An amusement ride operator may not smoke while operating an amusement ride.

3. Violation.__An amusement ride operator who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged. The Bureau of Health may enforce the provisions of this section.

SUMMARY

This bill prohibits a person from smoking while operating an amusement ride for children 12 years of age or younger.