CSSSSB 1(HSS): "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1(HSS) 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 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 (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) 50 feet of an entrance to a health care facility; 24 (B) 10 feet of an entrance to a bar or restaurant that serves 25 alcoholic beverages; 26 (C) 20 feet of an entrance, open window, or heating or 27 ventilation system air intake vent at an enclosed area at a place where smoking 28 is prohibited under this section; or 29 (D) a reasonable distance of an entrance, open window, or 30 heating or ventilation system air intake vent on a marine vessel covered by this 31 section as determined by the vessel owner or operator in charge.
01 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 02 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail 03 tobacco or e-cigarette store" 04 (1) means a retail store 05 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 06 and products containing tobacco, and pipes and other smoking or e-cigarette 07 accessories; 08 (B) in which the sale of other products is incidental; 09 (C) that derives at least 90 percent of its gross revenue from the 10 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 11 and pipes and other smoking or e-cigarette accessories; and 12 (D) that is a freestanding building not attached to another 13 business or to a residence; 14 (2) does not include 15 (A) a tobacco or e-cigarette department or section of a business 16 that does not meet the criteria in (1) of this subsection; 17 (B) a business that is also a restaurant or grocery store; 18 (C) a business that is licensed under AS 04.11 to serve 19 alcoholic beverages at an outdoor location; 20 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 21 (E) a business that is licensed under AS 43.70.075 to sell 22 tobacco but that does not meet the requirements of this subsection; or 23 (F) a retail store that is within an indoor public place or 24 workplace. 25 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 26 separate enclosed smoking area located in a terminal for international passengers who 27 are in transit in a state-owned and state-operated international airport and who are 28 restricted by federal law from leaving the airport, if the smoking area is vented directly 29 to an outdoor area that is not an area where smoking is prohibited under (c) of this 30 section. 31 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits
01 it, smoking is allowed 02 (1) in a vehicle that is a place of employment when the vehicle is used 03 exclusively by one person; 04 (2) on a marine vessel when the vessel is engaged in commercial 05 fishing or sport charter fishing or is otherwise used as a place of employment. 06 (g) Nothing in this section prohibits smoking at a private residence, except a 07 private residence described in (b) of this section. 08 (h) Notwithstanding (b) of this section, the department shall adopt regulations 09 authorizing smoking in a stand-alone shelter. At a minimum, the regulations must 10 provide 11 (1) that no food or drink be sold in the stand-alone shelter; 12 (2) that at least 50 percent of one side of the shelter be completely 13 open to the outside; and 14 (3) for minimum distance requirements consistent with (c) of this 15 section. 16 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 17 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 18 display in the place or vehicle a sign that 19 (1) reads "Smoking Prohibited by Law--Maximum Fine $100"; and 20 (2) includes the international symbol for no smoking or the words "No 21 Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a 22 burning cigarette enclosed in a red circle crossed with a red bar. 23 (b) A person in charge of a building at which smoking is prohibited within a 24 specific distance from the entrance of the building under AS 18.35.301(c) shall 25 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 26 Entrance Prohibited by Law--Maximum Fine $100" visible from the outside of each 27 entrance to the building. 28 (c) The department shall furnish signs required under this section to a person 29 who requests them with the intention of displaying them. 30 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 31 may not permit an employee, customer, or other person to smoke inside an enclosed
01 area at a place of employment. 02 (b) The owner, operator, manager, or other person who manages a building or 03 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 04 or other smoking accessories for use in that building or place. 05 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 06 commissioner shall 07 (1) administer and enforce the requirements of AS 18.35.301 - 08 18.35.399; 09 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 10 necessary to carry out the duties under this section. 11 (b) In addition to other powers granted the commissioner under AS 18.35.301 12 - 18.35.399, the commissioner may delegate to another agency the authority to 13 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 14 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 15 employers, property owners, property operators, and other members of the public are 16 provided ongoing access to 17 (1) a program of education regarding the requirements in AS 18.35.301 18 - 18.35.399; 19 (2) an electronically published printable brochure that summarizes the 20 requirements in AS 18.35.301 - 18.35.399. 21 (b) The program of education under (a) of this section may be provided in 22 combination with the comprehensive smoking education, tobacco use prevention, and 23 tobacco control program established in AS 44.29.020(a)(14). 24 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 25 other manner retaliate against an employee because the employee cooperates with or 26 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 27 (b) The owner or operator of a vehicle or other place that is subject to a 28 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 29 member of the public for cooperating with or initiating enforcement of a requirement 30 in AS 18.35.301 - 18.35.399. 31 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301
01 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 02 (1) additional limitations on smoking; or 03 (2) additional duties on employers, owners, operators, and other 04 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 05 smoking. 06 Sec. 18.35.336. Violations and civil penalties. (a) The commissioner shall 07 adopt by regulation procedures for filing, processing, and investigating reports of 08 violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. 09 (b) If, after investigating a report made under this section, the commissioner 10 determines that a violation has occurred, the commissioner may file a civil complaint 11 in the district court to enforce the provisions of AS 18.35.301, 18.35.306, 18.35.311, 12 and 18.35.326. 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. 18.35.351. Injunctions. The commissioner or another affected party may 30 bring a civil action in the superior court to enjoin a violation of AS 18.35.301, 31 18.35.306, 18.35.311, or 18.35.326.
01 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 02 (1) "business" means a for-profit or nonprofit sole proprietorship, 03 partnership, joint venture, corporation, professional corporation, private club, retail 04 seller of goods or services, or other business entity; 05 (2) "commissioner" means the commissioner of health and social 06 services or the commissioner's designee; 07 (3) "department" means the Department of Health and Social Services; 08 (4) "e-cigarette" means an electronic device that uses a heating 09 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 10 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 11 lighted or heated tobacco or plant product intended for inhalation; 12 (5) "employee" means a person who is employed by a business for 13 compensation or works for a business as a volunteer without compensation; 14 (6) "employer" means the state, a municipality, a regional educational 15 attendance area, and a person or a business with one or more employees; 16 (7) "enclosed area" means space between a floor and a ceiling that is 17 bounded on two or more sides by a combination of walls, doorways, windows, or 18 other physical barriers that may be open, partially open, closed, retractable, temporary, 19 or permanent; 20 (8) "health care facility" means an office or institution providing care 21 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 22 psychological diseases or conditions; a private, municipal, or state hospital; 23 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 24 facility; kidney disease treatment center, including freestanding hemodialysis units; 25 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 26 Alaska Veterans' Home administered by the Department of Health and Social Services 27 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 28 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 29 places of employment or offices operated for use by doctors, nurses, surgeons, 30 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 31 professional health care providers to provide health care;
01 (9) "place of employment" means work areas, private offices, hotel and 02 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 03 hallways, vehicles, and other employee work areas that are under the control of an 04 employer; 05 (10) "public place" includes 06 (A) an area to which the public is invited or into which the 07 public is admitted; 08 (B) a place where services, goods, or facilities are offered to 09 the public; 10 (11) "smoking" means using an e-cigarette or other oral smoking 11 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 12 pipe, or tobacco or plant product intended for inhalation. 13 * Sec. 2. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341, 14 18.35.342, 18.35.343, 18.35.350, 18.35.355, and 18.35.365 are repealed. 15 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 18 18.35.326, 18.35.331, 18.35.336, 18.35.351, and 18.35.399, added by sec. 1 of this Act, apply 19 to violations or failures to comply that occur on or after the effective date of sec. 1 of this Act. 20 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION; REGULATIONS. The Department of Health and Social Services may 23 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 24 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 25 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 26 before the effective date of sec. 1 of this Act. 27 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect October 1, 2015.