Whereas, current law requires that a majority of the membership determine by a vote whether smoking may be allowed in private clubs; and

Whereas, current law could be interpreted to mean that nonvoting members should be counted as having voted no; and

Whereas, this legislation is an emergency because the law needs to be clarified so that when a vote is taken, the club will know how to count the votes; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 22 MRSA §1580-A, sub-§7, ¶B, as enacted by PL 2005, c. 338, §6, is amended to read:

B. Demonstrates by a written secret ballot vote taken at least once every 3 years that a majority of the ballots received indicates that the members have voted to allow smoking. The vote must be taken by a written secret ballot vote at least once every 3 years. 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.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill amends the law that allows smoking in private clubs if a majority of members votes to allow smoking by changing the voting requirement to a majority of ballots received.