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The bill below was signed by the Governor on June 3, 2003. It forbids any smoking in a home where a foster child is domiciled or in the private vehicles of foster parents, even when the child is not present. DHS has until January 1 to promulgate new licensing rules based on this law.

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

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

§1580-E. Smoking by foster parents

1. Residence prohibition. Smoking, as defined in section 1580-B, subsection 1, paragraph B, is prohibited in a private residence if that residence is a family foster home, as defined in section 8101, subsection 3, where a foster child is living.

2. Vehicle prohibition. A foster parent is prohibited from smoking in that foster parent's private vehicle and may not allow any other person to smoke in that foster parent's private vehicle when a foster child is in that foster parent's care.

Sec. 2. Licensing rules. By January 1, 2004, the Department of Human Services shall amend the foster home licensing rules to prohibit smoking in family foster homes. The department shall adopt procedures for revoking the license of a foster home where smoking is taking place in the home or in the foster parent's private vehicle. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill prohibits smoking in a family foster home where a foster child is living and prohibits foster parents from smoking in their private vehicles.