CHAPTER 257

H.P. 799 - L.D. 1156

An Act To Protect Public Health by Clarifying the Laws

Regarding Smoking in Public Places

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

Sec. 1. 22 MRSA §1541, sub-§§1 and 2, as enacted by PL 1993, c. 342, §1 and affected by §9, are amended to read:

1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed to minimize prevent smoke escaping from the designated area into a public place.

2. Enclosed area. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by floor-to- ceiling walls, windows, shutters, doors or passageways. Partitions, partial walls or office dividers that do not extend from the floor to the ceiling are not demarcations of enclosed areas. A partition, partial wall or office divider is a demarcation of an enclosed area if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.

Sec. 2. 22 MRSA §1542, sub-§1, as enacted by PL 1993, c. 342, §1 and affected by §9, is amended to read:

1. Prohibition. Smoking is prohibited in all enclosed areas of public places and all rest rooms made available to the public. In the case of a child care facility that is not