CSSSSB 1(STA): "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(STA) 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 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an 06 enclosed area in a public place, including an enclosed area 07 (1) at an entertainment venue or a sports arena; 08 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 09 public transportation; 10 (3) at a public transit depot, bus shelter, airport terminal, or other 11 public transportation facility; 12 (4) at a retail store or shopping center; 13 (5) at a place of government or public assembly located on property 14 that is owned or operated by the state, a municipality, or a regional educational
01 attendance area, or by an agent of the state, a municipality, or a regional educational 02 attendance area. 03 (b) Smoking is prohibited in an enclosed area 04 (1) at an office building, office, hotel, motel, restaurant, bar, retail 05 store, or common area in an apartment building or multiple-family dwelling; 06 (2) in a place of employment; 07 (3) in a building or residence that is used to provide paid child care, 08 whether or not children are present in the building or residence; 09 (4) at a health care facility; 10 (5) in a vehicle that is a place of employment; 11 (6) at a public or private educational facility; 12 (7) in a residence at which the care of adults is provided on a fee-for- 13 service basis; 14 (8) at a residence in a health care facility, hotel, or motel; 15 (9) on a marine vessel operating as a shore-based fisheries business 16 under AS 43.75. 17 (c) Smoking is prohibited outdoors 18 (1) at an area located at a public or private school or a state or 19 municipal park that is primarily designated as a place for children to play; 20 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 21 (3) within 22 (A) 50 feet of an entrance to a health care facility; 23 (B) 10 feet of an entrance to a bar or restaurant that serves 24 alcoholic beverages; 25 (C) 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 (D) 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 may 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--Maximum 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--Maximum Fine $50" visible from the outside of each 26 entrance to 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. 18.35.321. Public education. (a) The commissioner shall ensure that 05 employers, property owners, property operators, and other members of the public are 06 provided ongoing access to 07 (1) a program of education regarding the requirements in AS 18.35.301 08 - 18.35.399; 09 (2) an electronically published printable brochure that summarizes the 10 requirements in AS 18.35.301 - 18.35.399. 11 (b) The program of education under (a) of this section may be provided in 12 combination with the comprehensive smoking education, tobacco use prevention, and 13 tobacco control program established in AS 44.29.020(a)(14). 14 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 15 other manner retaliate against an employee because the employee cooperates with or 16 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 17 (b) The owner or operator of a vehicle or other place that is subject to a 18 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 19 member of the public for cooperating with or initiating enforcement of a requirement 20 in AS 18.35.301 - 18.35.399. 21 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 22 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 23 (1) additional limitations on smoking; or 24 (2) additional duties on employers, owners, operators, and other 25 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 26 smoking. 27 * Sec. 2. AS 18.35.340(a) is amended to read: 28 (a) The commissioner shall develop and maintain a procedure for processing 29 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 30 [AS 18.35.300, 18.35.305, AND 18.35.330]. 31
01 * Sec. 3. AS 18.35.340(b) is amended to read: 02 (b) If, after investigating a report made under this section, the commissioner 03 determines that a violation has occurred, (1) the commissioner may file a civil 04 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 05 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 06 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 07 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 08 department issues a citation, the violation shall be processed and disposed of under 09 AS 18.35.341. 10 * Sec. 4. AS 18.35.340(c) is amended to read: 11 (c) A person who violates AS 18.35.301, 18.35.311, or 18.35.326 12 [AS 18.35.300 OR 18.35.305] and against whom the commissioner has filed a civil 13 complaint under this section is punishable by a civil fine of not less than $10 nor more 14 than $50. A person who violates AS 18.35.306 [AS 18.35.330] and against whom the 15 commissioner has filed a civil complaint under this section is punishable by a civil 16 fine of not less than $20 nor more than $300. Each day a violation of AS 18.35.306 17 [AS 18.35.330] continues after a civil complaint for the violation has been filed and 18 served on the defendant constitutes a separate violation. 19 * Sec. 5. AS 18.35.341(a) is amended to read: 20 (a) A peace officer may issue a citation for a violation of AS 18.35.301, 21 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's 22 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 23 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 24 * Sec. 6. AS 18.35.341(b) is amended to read: 25 (b) An employee of the department designated by the commissioner to enforce 26 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 27 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 28 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether the violation was 29 committed in the employee's presence. A citation issued under this subsection shall be 30 in the same form and shall be processed in the same manner as a citation issued by a 31 peace officer under (a) of this section. An employee of the department may not arrest a
01 person 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]. 03 * Sec. 7. AS 18.35.341(c) is amended to read: 04 (c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 05 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in 06 AS 11.81.900(b) and upon conviction is punishable by a fine of not less than $10 nor 07 more than $50 for a violation of AS 18.35.301, 18.35.311, or 18.35.326 08 [AS 18.35.300 OR 18.35.305] and by a fine of not less than $20 nor more than $300 09 for a violation of AS 18.35.306 [AS 18.35.330]. Each day a violation of AS 18.35.306 10 [AS 18.35.330] continues after a citation for the violation has been issued constitutes a 11 separate violation. 12 * Sec. 8. AS 18.35.341(d) is amended to read: 13 (d) The supreme court shall establish a schedule of bail amounts for violations 14 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 15 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 16 may be imposed for the violation under (c) of this section. The bail amount for a 17 violation must appear on the citation. 18 * Sec. 9. AS 18.35.342 is amended to read: 19 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 20 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 21 [AS 18.35.300, 18.35.305, OR 18.35.330]. 22 * Sec. 10. AS 18.35.343 is amended to read: 23 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 24 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 25 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 26 * Sec. 11. AS 18.35.350 is amended to read: 27 Sec. 18.35.350. Enforcement authority. The commissioner or the 28 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 29 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 30 peace officers. 31 * Sec. 12. AS 18.35 is amended by adding a new section to read:
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 environmental 06 conservation or the commissioner's designee; 07 (3) "department" means the Department of Environmental 08 Conservation; 09 (4) "e-cigarette" means an electronic device that uses a heating 10 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 11 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 12 lighted or heated tobacco or plant product intended for inhalation; 13 (5) "employee" means a person who is employed by a business for 14 compensation or works for a business as a volunteer without compensation; 15 (6) "employer" means the state, a municipality, a regional educational 16 attendance area, and a person or a business with one or more employees; 17 (7) "enclosed area" means space between a floor and a ceiling that is 18 bounded on two or more sides by a combination of walls, doorways, windows, or 19 other physical barriers that may be open, partially open, closed, retractable, temporary, 20 or permanent; 21 (8) "health care facility" means an office or institution providing care 22 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 23 psychological diseases or conditions; a private, municipal, or state hospital; 24 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 25 facility; kidney disease treatment center, including freestanding hemodialysis units; 26 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 27 Alaska Veterans' Home administered by the Department of Health and Social Services 28 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 29 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 30 places of employment or offices operated for use by doctors, nurses, surgeons, 31 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other
01 professional health care providers to provide health care; 02 (9) "place of employment" means work areas, private offices, hotel and 03 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 04 hallways, vehicles, and other employee work areas that are under the control of an 05 employer; 06 (10) "public place" includes 07 (A) an area to which the public is invited or into which the 08 public is admitted; 09 (B) a place where services, goods, or facilities are offered to 10 the public; 11 (11) "smoking" means using an e-cigarette or other oral smoking 12 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 13 pipe, or tobacco or plant product intended for inhalation. 14 * Sec. 13. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 15 18.35.365 are repealed. 16 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.321, 18.35.326, and 19 18.35.331, added by sec. 1 of this Act, AS 18.35.340(a), 18.35.340(b), 18.35.340(c), 20 18.35.341(a), 18.35.341(b), 18.35.341(c), 18.35.341(d), 18.35.342, 18.35.343, and 18.35.350, 21 as amended by secs. 2 - 11 of this Act, and AS 18.35.399, added by sec. 12 of this Act, apply 22 to violations or failures to comply that occur on or after the effective date of secs. 1 - 12 of 23 this Act. 24 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION; REGULATIONS. The Department of Environmental Conservation 27 may adopt regulations necessary to implement AS 18.35.301(h), added by sec. 1 of this Act. 28 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 29 effective date of sec. 1 of this Act. 30 * Sec. 16. Section 15 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect October 1, 2015.