HB 328: "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 HOUSE BILL NO. 328 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. AS 18.35 is amended by adding new sections to read: 05 Article 4. Prohibition of Smoking in Certain Places. 06 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an 07 enclosed area in a public place, including an enclosed area 08 (1) at an entertainment venue or a sports arena; 09 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 10 public transportation; 11 (3) at a public transit depot, bus shelter, airport terminal, or other 12 public transportation facility; 13 (4) at a retail store or shopping center; 14 (5) at a place of government or public assembly located on property
01 that is owned or operated by the state, a municipality, or a regional educational 02 attendance area, or by an agent of the state, a municipality, or a regional educational 03 attendance area. 04 (b) Smoking is prohibited in an enclosed area 05 (1) at an office building, office, hotel, motel, restaurant, bar, retail 06 store, or common area in an apartment building or multiple-family dwelling; 07 (2) in a place of employment; 08 (3) in a building or residence that is used to provide paid child care, 09 whether or not children are present in the building or residence; 10 (4) at a health care facility; 11 (5) in a vehicle that is a place of employment; 12 (6) at a public or private educational facility; 13 (7) in a building or residence that is the site of a business at which the 14 care of adults is provided on a fee-for-service basis; 15 (8) at a residence in a health care facility, hotel, or motel; 16 (9) on a marine vessel operating as a shore-based fisheries business 17 under AS 43.75. 18 (c) Smoking is prohibited outdoors 19 (1) at an area located at a public or private school or a state or 20 municipal park that is primarily designated as a place for children to play; 21 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 22 (3) within 23 (A) 10 feet of an entrance to a bar or restaurant that serves 24 alcoholic beverages; 25 (B) 20 feet of an entrance, open window, or heating or 26 ventilation system air intake vent at an enclosed area at a place where smoking 27 is prohibited under this section; or 28 (C) a reasonable distance of an entrance, open window, or 29 heating or ventilation system air intake vent on a marine vessel covered by this 30 section as determined by the vessel owner or operator in charge. 31 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits
01 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail 02 tobacco or e-cigarette store" 03 (1) means a retail store 04 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 05 and products containing tobacco, and pipes and other smoking or e-cigarette 06 accessories; 07 (B) in which the sale of other products is incidental; 08 (C) that derives at least 90 percent of its gross revenue from the 09 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 10 and pipes and other smoking or e-cigarette accessories; and 11 (D) that is a freestanding building not attached to another 12 business or to a residence; 13 (2) does not include 14 (A) a tobacco or e-cigarette department or section of a business 15 that does not meet the criteria in (1) of this subsection; 16 (B) a business that is also a restaurant or grocery store; 17 (C) a business that is licensed under AS 04.11 to serve 18 alcoholic beverages at an outdoor location; 19 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 20 (E) a business that is licensed under AS 43.70.075 to sell 21 tobacco but that does not meet the requirements of this subsection; or 22 (F) a retail store that is within an indoor public place or 23 workplace. 24 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 25 separate enclosed smoking area located in a terminal for international passengers who 26 are in transit in a state-owned and state-operated international airport and who are 27 restricted by federal law from leaving the airport, if the smoking area is vented directly 28 to an outdoor area that is not an area where smoking is prohibited under (c) of this 29 section. 30 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 31 it, smoking is allowed
01 (1) in a vehicle that is a place of employment when the vehicle is used 02 exclusively by one person; 03 (2) on a marine vessel when the vessel is engaged in commercial 04 fishing or sport charter fishing or is otherwise used as a place of employment. 05 (g) Nothing in this section prohibits smoking at a private residence, except a 06 private residence described in (b) of this section. 07 (h) Notwithstanding (b) of this section, the department shall adopt regulations 08 authorizing smoking in a stand-alone shelter. At a minimum, the regulations must 09 provide 10 (1) that no food or drink be sold in the stand-alone shelter; 11 (2) that at least 50 percent of one side of the shelter be completely 12 open to the outside; and 13 (3) for minimum distance requirements consistent with (c) of this 14 section. 15 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 16 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 17 display in the place or vehicle a sign that 18 (1) reads "Smoking Prohibited by Law--Fine $50"; and 19 (2) includes the international symbol for no smoking or the words "No 20 Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a 21 burning cigarette enclosed in a red circle crossed with a red bar. 22 (b) A person in charge of a building at which smoking is prohibited within a 23 specific distance from the entrance of the building under AS 18.35.301(c) shall 24 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 25 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 26 the building. 27 (c) The department shall furnish signs required under this section to a person 28 who requests them with the intention of displaying them. 29 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 30 may not permit an employee, customer, or other person to smoke inside an enclosed 31 area at a place of employment.
01 (b) The owner, operator, manager, or other person who manages a building or 02 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 03 or other smoking accessories for use in that building or place. 04 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 05 commissioner shall 06 (1) administer and enforce the requirements of AS 18.35.301 - 07 18.35.399; 08 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 09 necessary to carry out the duties under this section. 10 (b) In addition to other powers granted the commissioner under AS 18.35.301 11 - 18.35.399, the commissioner may delegate to another agency the authority to 12 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 13 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 14 employers, property owners, property operators, and other members of the public are 15 provided ongoing access to 16 (1) a program of education regarding the requirements in AS 18.35.301 17 - 18.35.399; 18 (2) an electronically published printable brochure that summarizes the 19 requirements in AS 18.35.301 - 18.35.399. 20 (b) The program of education under (a) of this section may be provided in 21 combination with the comprehensive smoking education, tobacco use prevention, and 22 tobacco control program established in AS 44.29.020(a)(14). 23 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 24 other manner retaliate against an employee because the employee cooperates with or 25 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 26 (b) The owner or operator of a vehicle or other place that is subject to a 27 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 28 member of the public for cooperating with or initiating enforcement of a requirement 29 in AS 18.35.301 - 18.35.399. 30 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 31 - 18.35.399 prohibits a municipality from adopting an ordinance imposing
01 (1) additional limitations on smoking; or 02 (2) additional duties on employers, owners, operators, and other 03 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 04 smoking. 05 Sec. 18.35.336. Violations and civil penalties. (a) The commissioner shall 06 adopt by regulation procedures for filing, processing, and investigating reports of 07 violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. 08 (b) If, after investigating a report made under this section, the commissioner 09 determines that a violation has occurred, the commissioner may file a civil complaint 10 in the district court to enforce the provisions of AS 18.35.301, 18.35.306, 18.35.311, 11 and 18.35.326. 12 (c) A person who violates AS 18.35.301 and against whom the commissioner 13 has filed a civil complaint under this section is punishable by a civil penalty of $50. 14 (d) A person who fails to comply with a duty imposed on that person by 15 AS 18.35.306 or 18.35.311 and against whom the commissioner has filed a civil 16 complaint under this section is punishable by a civil penalty of not more than 17 (1) $100 for a first failure to comply; 18 (2) $200 for a second failure to comply that occurs within 24 months 19 after the date the person was fined for a first failure to comply; 20 (3) $300 for each failure to comply that occurs within 24 months after 21 the date the person was fined for a second failure to comply. 22 (e) A person who violates AS 18.35.326 and against whom the commissioner 23 has filed a civil complaint under this section is punishable by a civil penalty of not 24 more than $500. 25 (f) The department may provide for the payment of a civil penalty under this 26 section by mail. 27 Sec. 18.35.351. Injunctions. The commissioner or another affected party may 28 bring a civil action in the superior court to enjoin a violation of AS 18.35.301, 29 18.35.306, 18.35.311, or 18.35.326. 30 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 31 (1) "business" means a for-profit or nonprofit sole proprietorship,
01 partnership, joint venture, corporation, professional corporation, private club, retail 02 seller of goods or services, or other business entity; 03 (2) "commissioner" means the commissioner of health and social 04 services or the commissioner's designee; 05 (3) "department" means the Department of Health and Social Services; 06 (4) "e-cigarette" means an electronic device that uses a heating 07 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 08 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 09 lighted or heated tobacco or plant product intended for inhalation; 10 (5) "employee" means a person who is employed by a business for 11 compensation or works for a business as a volunteer without compensation; 12 (6) "employer" means the state, a municipality, a regional educational 13 attendance area, and a person or a business with one or more employees; 14 (7) "enclosed area" means space between a floor and a ceiling that is 15 bounded on two or more sides by a combination of walls, doorways, windows, or 16 other physical barriers that may be open, partially open, closed, retractable, temporary, 17 or permanent; 18 (8) "health care facility" means an office or institution providing care 19 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 20 psychological diseases or conditions; a private, municipal, or state hospital; 21 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 22 facility; kidney disease treatment center, including freestanding hemodialysis units; 23 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 24 Alaska Veterans' Home administered by the Department of Health and Social Services 25 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 26 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 27 places of employment or offices operated for use by doctors, nurses, surgeons, 28 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 29 professional health care providers to provide health care; 30 (9) "place of employment" means work areas, private offices, hotel and 31 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias,
01 hallways, vehicles, and other employee work areas that are under the control of an 02 employer; 03 (10) "public place" includes 04 (A) an area to which the public is invited or into which the 05 public is admitted; 06 (B) a place where services, goods, or facilities are offered to 07 the public; 08 (11) "smoking" means using an e-cigarette or other oral smoking 09 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 10 pipe, or tobacco or plant product intended for inhalation. 11 * Sec. 2. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341, 12 18.35.342, 18.35.343, 18.35.350, 18.35.355, and 18.35.365 are repealed. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 16 18.35.326, 18.35.331, 18.35.336, 18.35.351, and 18.35.399, added by sec. 1 of this Act, apply 17 to violations or failures to comply that occur on or after the effective date of sec. 1 of this Act. 18 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION; REGULATIONS. The Department of Health and Social Services may 21 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 22 18.35.321, 18.35.326, 18.35.331, 18.35.336, 18.35.351, and 18.35.399, added by sec. 1 of this 23 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 24 before the effective date of sec. 1 of this Act. 25 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 26 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect October 1, 2016.