00 SENATE BILL NO. 63 01 "An Act prohibiting smoking in certain places; relating to education on the smoking 02 prohibition; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is 07 intended to alter applicable law relating to liability of a manufacturer, dispenser, or other 08 person for a cause of action that may arise from smoking tobacco, e-cigarettes, or other oral 09 smoking devices in an enclosed area or to otherwise limit the state immunity from liability 10 provided for in state law. In this section, "e-cigarette," "enclosed area," and "smoking" have 11 the meanings given to those terms in AS 18.35.399.  12  * Sec. 2. AS 18.35 is amended by adding new sections to read: 13 Article 4. Prohibition of Smoking in Certain Places.  14 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an 01 enclosed area in a public place, including an enclosed area 02 (1) at an entertainment venue or a sports arena; 03 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 04 public transportation; 05 (3) at a public transit depot, bus shelter, airport terminal, or other 06 public transportation facility; 07 (4) at a retail store or shopping center; 08 (5) at a place of government or public assembly located on property 09 that is owned or operated by the state, a municipality, or a regional educational 10 attendance area, or by an agent of the state, a municipality, or a regional educational 11 attendance area. 12 (b) Smoking is prohibited in an enclosed area 13 (1) at an office building, office, hotel, motel, restaurant, bar, retail 14 store, or common area in an apartment building or multiple-family dwelling; 15 (2) in a place of employment; 16 (3) in a building or residence that is used to provide paid child care, 17 whether or not children are present in the building or residence; 18 (4) at a health care facility; 19 (5) in a vehicle that is a place of employment; 20 (6) at a public or private educational facility; 21 (7) in a building or residence that is the site of a business at which the 22 care of adults is provided on a fee-for-service basis; 23 (8) at a residence in a health care facility, hotel, or motel; 24 (9) on a vessel operating as a shore-based fisheries business under 25 AS 43.75. 26 (c) Smoking is prohibited outdoors 27 (1) at an area located at a public or private school or a state or 28 municipal park area designated as a children's playground; 29 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 30 (3) at a place of employment or health care facility that has declared 31 the entire campus or outside grounds or property to be smoke-free; 01 (4) within 02 (A) 10 feet of an entrance to a bar or restaurant that serves 03 alcoholic beverages; 04 (B) 20 feet of an entrance, open window, or heating or 05 ventilation system air intake vent at an enclosed area at a place where smoking 06 is prohibited under this section; or 07 (C) a reasonable distance of an entrance, open window, or 08 heating or ventilation system air intake vent on a vessel covered by this section 09 as determined by the vessel owner or operator in charge. 10 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 11 it, smoking is allowed at a retail tobacco or e-cigarette store that 12 (1) is in a building that 13 (A) is freestanding; or 14 (B) if it is attached to another business, 15 (i) has a separate entrance; 16 (ii) has a ventilation system vented to an area where 17 smoking is not prohibited; 18 (iii) the other business does not serve as a residence, 19 child care facility, school, or health care facility; and 20 (iv) smoking is limited to the use of an e-cigarette; 21 (2) is not 22 (A) a business that is licensed under AS 04.11 to serve 23 alcoholic beverages at an outdoor location; 24 (B) a business that is licensed under AS 05.15 to sell pull-tabs; 25 or 26 (C) a retail store that is within an indoor public place or 27 workplace. 28 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 29 separate enclosed smoking area located in a terminal for international passengers who 30 are in transit in a state-owned and state-operated international airport and who are 31 restricted by federal law from leaving the airport, if the smoking area is vented directly 01 to an outdoor area that is not an area where smoking is prohibited under (c) of this 02 section. 03 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 04 it, smoking is allowed 05 (1) in a vehicle that is a place of employment when the vehicle is used 06 exclusively by one person; 07 (2) on a vessel when the vessel is engaged in commercial fishing or 08 sport charter fishing. 09 (g) Nothing in this section prohibits smoking 10 (1) at a private residence, except a private residence described in (b) of 11 this section or while a health care provider is present; 12 (2) in a stand-alone shelter if the stand-alone shelter meets the 13 following requirements: 14 (A) food or drink may not be sold or served in the stand-alone 15 shelter; and 16 (B) the stand-alone shelter meets the minimum distance 17 requirements of (c) of this section; or 18 (3) in an establishment licensed under AS 17.38 that is a freestanding 19 building. 20 (h) In this section, 21 (1) "health care provider" has the meaning given in AS 09.65.300; 22 (2) "retail tobacco or e-cigarette store" 23 (A) means a store 24 (i) that primarily sells cigarettes, e-cigarettes, cigars, 25 tobacco and products containing tobacco, and pipes and other smoking 26 or e-cigarette accessories; 27 (ii) in which the sale of other products is incidental; and 28 (iii) that derives at least 90 percent of its gross revenue 29 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products 30 containing tobacco, and pipes and other smoking or e-cigarette 31 accessories; 01 (B) does not include 02 (i) a tobacco or e-cigarette department or section of a 03 business that does not meet the criteria in (A) of this paragraph; or 04 (ii) a business that is also a restaurant or grocery store. 05 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 06 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 07 display in the place or vehicle a sign that 08 (1) reads "Smoking Prohibited by Law--Fine $50"; 09 (2) includes the international symbol for no smoking; or 10 (3) includes the words "No Puffin" with a pictorial representation of a 11 Horned Puffin or Tufted Puffin holding a burning cigarette enclosed in a red circle 12 crossed with a red bar. 13 (b) A person in charge of a building at which smoking is prohibited within a 14 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 15 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 16 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 17 the building. 18 (c) The department shall furnish signs required under this section to a person 19 who requests them with the intention of displaying them. 20 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 21 may not permit an employee, customer, or other person to smoke inside an enclosed 22 area at a place of employment. 23 (b) The owner, operator, manager, or other person who manages a building or 24 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 25 or other smoking accessories for use in that building or place. 26 (c) An employer may not require an employee, customer, or other person to 27 enter a stand-alone shelter as defined in AS 18.35.301(g) for a purpose other than 28 smoking. 29 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 30 commissioner 31 (1) shall administer and enforce the requirements of AS 18.35.301 - 01 18.35.399; 02 (2) may adopt regulations under AS 44.62 (Administrative Procedure 03 Act) necessary to carry out the duties under this section. 04 (b) In addition to other powers granted the commissioner under AS 18.35.301 05 - 18.35.399, the commissioner may delegate to another agency the authority to 06 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 07 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 08 employers, property owners, property operators, and other members of the public are 09 provided ongoing access to 10 (1) a program of education regarding the requirements in AS 18.35.301 11 - 18.35.399; 12 (2) an electronically published printable brochure that summarizes the 13 requirements in AS 18.35.301 - 18.35.399. 14 (b) The program of education under (a) of this section may be provided in 15 combination with the comprehensive smoking education, tobacco use prevention, and 16 tobacco control program established in AS 44.29.020(a)(14). 17 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 18 other manner retaliate against an employee because the employee cooperates with or 19 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 20 (b) The owner or operator of a vehicle or other place that is subject to a 21 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 22 member of the public for cooperating with or initiating enforcement of a requirement 23 in AS 18.35.301 - 18.35.399. 24 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 25 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 26 (1) additional limitations on smoking; or 27 (2) additional duties on employers, owners, operators, and other 28 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 29 smoking. 30  * Sec. 3. AS 18.35.340(a) is amended to read: 31 (a) The commissioner shall develop and maintain a procedure for processing 01 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 02 [AS 18.35.300, 18.35.305, AND 18.35.330]. 03  * Sec. 4. AS 18.35.340(b) is amended to read: 04 (b) If, after investigating a report made under this section, the commissioner 05 determines that a violation has occurred, (1) the commissioner may file a civil 06 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 07 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 08 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 09 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 10 department issues a citation, the violation shall be processed and disposed of under 11 AS 18.35.341. 12  * Sec. 5. AS 18.35.340(c) is amended to read: 13 (c) A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and 14 against whom the commissioner has filed a civil complaint under this section is 15 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A 16 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the 17 commissioner has filed a civil complaint under this section is punishable by a civil 18 fine of not less than $50 [$20] nor more than $300. Each day a violation of 19 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the 20 violation has been filed and served on the defendant constitutes a separate violation. A  21 person who violates AS 18.35.326 and against whom the commissioner has filed a  22 civil complaint under this section is punishable by a civil fine of not more than  23 $500.  24  * Sec. 6. AS 18.35.341(a) is amended to read: 25 (a) A peace officer may issue a citation for a violation of AS 18.35.301,  26 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's 27 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 28 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 29  * Sec. 7. AS 18.35.341(b) is amended to read: 30 (b) An employee of the department designated by the commissioner to enforce 31 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 01 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 02 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether the violation was 03 committed in the employee's presence. A citation issued under this subsection shall be 04 in the same form and shall be processed in the same manner as a citation issued by a 05 peace officer under (a) of this section. An employee of the department may not arrest a 06 person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 07 [AS 18.35.300, 18.35.305, OR 18.35.330]. 08  * Sec. 8. AS 18.35.341(c) is amended to read: 09 (c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 10 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in 11 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN 12 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR 13 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a 14 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a  15 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and  16 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued 17 constitutes a separate violation. 18  * Sec. 9. AS 18.35.341(d) is amended to read: 19 (d) The supreme court shall establish a schedule of bail amounts for violations 20 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 21 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 22 may be imposed for the violation under (c) of this section. The bail amount for a 23 violation must appear on the citation. 24  * Sec. 10. AS 18.35.342 is amended to read: 25 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 26 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 27 [AS 18.35.300, 18.35.305, OR 18.35.330]. 28  * Sec. 11. AS 18.35.343 is amended to read:  29 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 30 institute an action in the superior court to enjoin repeated violations of AS 18.35.301,  31 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 01  * Sec. 12. AS 18.35.350 is amended to read: 02 Sec. 18.35.350. Enforcement authority. The commissioner or the 03 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 -  04 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 05 peace officers. 06  * Sec. 13. AS 18.35 is amended by adding a new section to read: 07 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 08 (1) "business" means a for-profit or nonprofit sole proprietorship, 09 partnership, joint venture, corporation, professional corporation, private club, retail 10 seller of goods or services, or other business entity; 11 (2) "commissioner" means the commissioner of health and social 12 services or the commissioner's designee; 13 (3) "department" means the Department of Health and Social Services; 14 (4) "e-cigarette" means any product containing or delivering nicotine 15 or any other substance intended for human consumption that can be used by a person 16 through inhalation of vapor or aerosol from the product, of any size or shape, whether 17 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- 18 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does 19 not include drugs, devices, or combination products authorized for sale by the United 20 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 21 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate 22 smoking or expose others to vapor or aerosol; 23 (5) "employee" means a person who is employed by a business for 24 compensation or works for a business as a volunteer without compensation; 25 (6) "employer" means the state, a municipality, a regional educational 26 attendance area, and a person or a business with one or more employees; 27 (7) "enclosed area" means space between a floor and a ceiling that is 28 bounded on two or more sides by a combination of walls, doorways, windows, or 29 other physical barriers that may be open, partially open, closed, retractable, temporary, 30 or permanent; 31 (8) "health care facility" means an office or institution providing care 01 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 02 psychological diseases or conditions; private, municipal, or state hospital; independent 03 diagnostic testing facility; primary care outpatient facility; skilled nursing facility; 04 kidney disease treatment center, including freestanding hemodialysis units; 05 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 06 Alaska Veterans' Home administered by the department under AS 47.55; long-term 07 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in 08 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices 09 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, 10 physicians, psychiatrists, or dentists or other professional health care providers to 11 provide health care; 12 (9) "place of employment" means work areas, private offices, hotel and 13 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 14 hallways, vehicles, and other employee work areas that are under the control of an 15 employer; 16 (10) "public place" includes 17 (A) an area to which the public is invited or into which the 18 public is admitted; 19 (B) a place where services, goods, or facilities are offered to 20 the public; 21 (11) "smoking" means using an e-cigarette or other oral smoking 22 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 23 pipe, or tobacco or plant product intended for inhalation.  24  * Sec. 14. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 25 18.35.365 are repealed. 26  * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 29 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by 30 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act, 31 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this 01 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 13 of 02 this Act, apply to violations or failures to comply that occur on or after the effective date of 03 secs. 2 - 13 of this Act. 04  * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. The Department of Health and Social Services may 07 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 08 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as 09 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this 10 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 11 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by 12 sec. 13 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure 13 Act), but not before the effective date of the section being implemented. 14  * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 15  * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect October 1, 2017.