SB 1: "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 SENATE BILL NO. 1 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 in the following places: 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 residence at which the care of adults is provided on a fee-for- 14 service basis; 15 (8) at a residence in a health care facility, hotel, or motel. 16 (c) Smoking is prohibited outdoors 17 (1) at an area located at a public or private school or a state or 18 municipal park that is primarily designated as a place for children to play; 19 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 20 (3) within 21 (A) 50 feet of an entrance to a health care facility; 22 (B) 10 feet of an entrance to a bar or restaurant that serves 23 alcoholic beverages; 24 (C) 20 feet of an entrance, open window, or heating or 25 ventilation system air intake vent at an enclosed area at a place where smoking 26 is prohibited under this section; or 27 (D) a reasonable distance of an entrance, open window, or 28 heating or ventilation system air intake vent on a marine vessel covered by this 29 section as determined by the vessel owner or operator in charge. 30 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 31 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail
01 tobacco or e-cigarette store" 02 (1) means a retail store 03 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 04 and products containing tobacco, and pipes and other smoking or e-cigarette 05 accessories; 06 (B) in which the sale of other products is incidental; 07 (C) that derives at least 90 percent of its gross revenue from the 08 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 09 and pipes and other smoking or e-cigarette accessories; and 10 (D) that is a freestanding building not attached to another 11 business or to a residence; 12 (2) does not include 13 (A) a tobacco or e-cigarette department or section of a business 14 that does not meet the criteria in (1) of this subsection; 15 (B) a business that is also a restaurant or grocery store; 16 (C) a business that is licensed under AS 04.11 to serve 17 alcoholic beverages at an outdoor location; 18 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 19 (E) a business that is licensed under AS 43.70.075 to sell 20 tobacco but that does not meet the requirements of this subsection; or 21 (F) a retail store that is within an indoor public place or 22 workplace. 23 (e) Notwithstanding (b) of this section, unless the owner or operator prohibits 24 it, smoking is allowed in a vehicle or on a marine vessel that is a place of employment 25 when the vehicle or vessel is used exclusively by one person. 26 (f) Nothing in this section prohibits smoking at 27 (1) a private club that does not serve alcoholic beverages and is not a 28 place of employment, unless the private club is hosting an event that is open to the 29 public; in this paragraph, "private club" means a building or portion of a building used 30 only for a recreational, fraternal, social, patriotic, political, benevolent, or athletic 31 purpose by one organization that has been granted an exemption from the payment of
01 federal income tax as a club under 26 U.S.C. 501 (Internal Revenue Code); 02 (2) a private residence, except a private residence described in (b) of 03 this section. 04 (g) Notwithstanding (b) of this section, the department may adopt regulations 05 authorizing smoking in a stand-alone shelter. At a minimum, the regulations must 06 provide 07 (1) that no food or drink be sold in the stand-alone shelter; 08 (2) that at least 50 percent of one side of the shelter be completely 09 open to the outside; and 10 (3) for minimum distance requirements consistent with (c) of this 11 section. 12 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 13 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 14 display in the place or vehicle a sign that 15 (1) reads "Smoking Prohibited by Law--Maximum Fine $100"; and 16 (2) includes the international symbol for no smoking or the words "No 17 Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a 18 burning cigarette enclosed in a red circle crossed with a red bar. 19 (b) A person in charge of a building at which smoking is prohibited within a 20 specific distance from the entrance of the building under AS 18.35.301(c) shall 21 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 22 Entrance Prohibited by Law--Maximum Fine $100" visible from the outside of each 23 entrance to the building. 24 (c) The department shall furnish signs required under this section to a person 25 who requests them with the intention of displaying them. 26 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 27 may not permit an employee, customer, or other person to smoke inside an enclosed 28 area at a place of employment. 29 (b) The owner, operator, manager, or other person who manages a building or 30 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 31 or other smoking accessories for use in that building or place.
01 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 02 commissioner shall 03 (1) administer and enforce the requirements of AS 18.35.301 - 04 18.35.399; 05 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 06 necessary to carry out the duties under this section. 07 (b) In addition to other powers granted the commissioner under AS 18.35.301 08 - 18.35.399, the commissioner may delegate to another agency the authority to 09 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 10 (c) Nothing in this section limits the authority of a peace officer to enforce the 11 provisions of AS 18.35.301 - 18.35.399. 12 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 13 employers, property owners, property operators, and other members of the public are 14 provided ongoing access to 15 (1) a program of education regarding the requirements in AS 18.35.301 16 - 18.35.399; 17 (2) an electronically published printable brochure that summarizes the 18 requirements in AS 18.35.301 - 18.35.399. 19 (b) The program of education under (a) of this section may be provided in 20 combination with the comprehensive smoking education, tobacco use prevention, and 21 tobacco control program established in AS 44.29.020(a)(14). 22 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge, refuse to 23 hire, or in any other manner retaliate against an employee or applicant for employment 24 because the employee or applicant cooperates with or initiates enforcement of a 25 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 10 (1) file a civil complaint in the district court to enforce the provisions 11 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326; or 12 (2) issue a citation under AS 18.35.346(b). 13 (c) A person who violates AS 18.35.301 and against whom the commissioner 14 has filed a civil complaint under this section is punishable by a civil penalty of not 15 more than $100. 16 (d) A person who fails to comply with a duty imposed on that person by 17 AS 18.35.306 or 18.35.311 and against whom the commissioner has filed a civil 18 complaint under this section is punishable by a civil penalty of not more than 19 (1) $100 for a first failure to comply; 20 (2) $200 for a second failure to comply that occurs within 24 months 21 after the date the person was fined for a first failure to comply; 22 (3) $500 for each failure to comply that occurs within 24 months after 23 the date the person was fined for a second failure to comply. 24 (e) A person who violates AS 18.35.326 and against whom the commissioner 25 has filed a civil complaint under this section is punishable by a civil penalty of not 26 more than $1,000. 27 (f) The department may provide for the payment of a civil penalty under this 28 section by mail. 29 Sec. 18.35.346. Citations; fines. (a) A peace officer may issue a citation for a 30 violation of AS 18.35.301 committed in the officer's presence or for a violation of 31 AS 18.35.306, 18.35.311, or 18.35.326. The provisions of AS 12.25.175 - 12.25.230
01 apply to the issuance of a citation under this subsection. 02 (b) An employee of the department designated by the commissioner to enforce 03 the provisions of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 may issue a 04 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 regardless 05 of whether the violation was committed in the employee's presence. A citation issued 06 under this subsection shall be in the same form and shall be processed in the same 07 manner as a citation issued by a peace officer under (a) of this section. An employee 08 of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306, 09 18.35.311, or 18.35.326. 10 (c) A person who violates AS 18.35.301 as alleged in a citation under (a) or 11 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and upon 12 conviction is punishable by a fine of not more than $100 for each violation. 13 (d) A person who fails to comply with a duty imposed on that person by 14 AS 18.35.306 or 18.35.311 as alleged in a citation under (a) or (b) of this section is 15 guilty of a violation as defined in AS 11.81.900(b) and punishable by a fine of not 16 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 under this section for a first failure to comply; 20 (3) $500 for each failure to comply that occurs within 24 months after 21 the date the person was fined under this section for a second failure to comply. 22 (e) A person who violates AS 18.35.326 as alleged in a citation under (a) or 23 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and 24 punishable by a fine of not more than $1,000 for each violation. 25 (f) The supreme court shall establish a schedule of bail amounts for violations 26 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail 27 amount exceed the maximum fine that may be imposed for the violation under (c) - (e) 28 of this section. The bail amount for a violation must appear on the citation. 29 (g) If a person cited for a violation under this section does not contest the 30 citation, the person may, on or before the 30th day after the date of the citation, mail 31 or personally deliver to the clerk of the court in which the citation is filed
01 (1) the amount of bail indicated on the citation for that violation; and 02 (2) a copy of the citation indicating that the right to an appearance is 03 waived, a plea of no contest is entered, and the bail is forfeited. 04 (h) When bail has been forfeited under (g) of this section, a judgment of 05 conviction shall be entered. Forfeiture of bail is a complete satisfaction for the 06 violation. The clerk of the court accepting the bail shall provide the violator with a 07 receipt stating that fact if requested. 08 (i) A person cited under this section is guilty of failure to obey a citation under 09 AS 12.25.230 if the person fails to pay the bail amount established under (f) of this 10 section or fails to appear in court as required. 11 Sec. 18.35.351. Injunctions. The commissioner or another affected party may 12 bring a civil action in the superior court to enjoin a violation of AS 18.35.301, 13 18.35.306, 18.35.311, or 18.35.326. 14 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 15 (1) "business" means a for-profit or nonprofit sole proprietorship, 16 partnership, joint venture, corporation, professional corporation, private club, retail 17 seller of goods or services, or other business entity; 18 (2) "commissioner" means the commissioner of health and social 19 services or the commissioner's designee; 20 (3) "department" means the Department of Health and Social Services; 21 (4) "e-cigarette" means an electronic device that uses a heating 22 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 23 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 24 lighted or heated tobacco or plant product intended for inhalation; 25 (5) "employee" means a person who is employed by a business for 26 compensation or works for a business as a volunteer without compensation; 27 (6) "employer" means the state, a municipality, a regional educational 28 attendance area, and a person or a business with one or more employees; 29 (7) "enclosed area" means space between a floor and a ceiling that is 30 bounded on two or more sides by a combination of walls, doorways, windows, or 31 other physical barriers that may be open, partially open, closed, retractable, temporary,
01 or permanent; 02 (8) "health care facility" means an office or institution providing care 03 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 04 psychological diseases or conditions; a private, municipal, or state hospital; 05 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 06 facility; kidney disease treatment center, including freestanding hemodialysis units; 07 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 08 Alaska Veterans' Home administered by the Department of Health and Social Services 09 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 10 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 11 places of employment or offices operated for use by doctors, nurses, surgeons, 12 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 13 professional health care providers to provide health care; 14 (9) "place of employment" means work areas, private offices, hotel and 15 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 16 hallways, vehicles, and other employee work areas that are under the control of an 17 employer; 18 (10) "public place" includes 19 (A) an area to which the public is invited or into which the 20 public is admitted; 21 (B) a place where services, goods, or facilities are offered to 22 the public; 23 (11) "smoking" means using an e-cigarette or other oral smoking 24 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 25 pipe, or tobacco or plant product intended for inhalation. 26 * Sec. 2. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341, 27 18.35.342, 18.35.343, 18.35.350, 18.35.355, and 18.35.365 are repealed. 28 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 31 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by sec. 1 of this
01 Act, apply to violations or failures to comply that occur on or after the effective date of sec. 1 02 of this Act. 03 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION; REGULATIONS. The Department of Health and Social Services may 06 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 07 18.35.321, 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by 08 sec. 1 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 09 but not before the effective date of sec. 1 of this Act. 10 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect October 1, 2015.