CSSB 63(FIN): "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 CS FOR SENATE BILL NO. 63(FIN) 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) An individual may not smoke in
01 an 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) An individual may not smoke in an enclosed area 13 (1) in an office building, office, hotel, motel, restaurant, bar, retail 14 store, or shopping center; 15 (2) in a common area in an apartment building or multiple-family 16 dwelling; 17 (3) in a place of employment, including a vehicle; 18 (4) at a public or private educational facility; 19 (5) at a health care facility, including residential units in the health care 20 facility; 21 (6) in a building or residence that is used to provide paid child care, 22 whether or not children are present in the building or residence, or care for adults on a 23 fee-for-service basis; however, nothing in this paragraph is intended to prohibit an 24 individual from smoking in a private residence that is in a building where another 25 residence provides paid child care or care for adults; 26 (7) on a vessel operating as a shore-based fisheries business under 27 AS 43.75. 28 (c) An individual may not smoke outdoors 29 (1) at an area located at a public or private school or a state or 30 municipal park area designated as a children's playground; 31 (2) in a seating area for an outdoor arena, stadium, or amphitheater;
01 (3) at a place of employment or health care facility that has declared 02 the entire campus or outside grounds or property to be smoke-free; 03 (4) within 04 (A) 10 feet of an entrance to a bar or restaurant that serves 05 alcoholic beverages; 06 (B) 20 feet of an entrance, open window, or heating or 07 ventilation system air intake vent at an enclosed area at a place where smoking 08 is prohibited under this section; or 09 (C) a reasonable distance of an entrance, open window, or 10 heating or ventilation system air intake vent on a vessel covered by this section 11 as determined by the vessel owner or operator in charge. 12 (d) Notwithstanding (a) and (b) of this section, unless the owner or operator 13 prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that 14 (1) is in a building that 15 (A) is freestanding; or 16 (B) if it is attached to another business or building, 17 (i) has a separate entrance; 18 (ii) has a ventilation system vented to an area where 19 smoking is not prohibited; 20 (iii) the other business or building does not serve as a 21 residence, child care facility, facility providing care for adults on a fee- 22 for-service basis, school, or health care facility; and 23 (iv) smoking is limited to the use of an e-cigarette; 24 (2) is not 25 (A) a business that is licensed under AS 04.11 to serve 26 alcoholic beverages at an outdoor location; 27 (B) a business that is licensed under AS 05.15 to sell pull-tabs; 28 or 29 (C) a retail store that is within an indoor public place or 30 workplace. 31 (e) Notwithstanding (a) and (b) of this section, an individual may smoke in a
01 separate enclosed smoking area located in an airport if the smoking area is vented 02 directly to an outdoor area that is not an area where smoking is prohibited under (c) of 03 this section. 04 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 05 it, an individual may smoke 06 (1) in a vehicle that is a place of employment when the vehicle is used 07 exclusively by one person; 08 (2) on a vessel when the vessel is engaged in commercial fishing or 09 sport charter fishing. 10 (g) Notwithstanding (a) and (b) of this section, an individual may smoke at 11 (1) a private club if the private club 12 (A) has been in continuous operation at the same location since 13 January 1, 2017; 14 (B) is not licensed to serve alcoholic beverages; and 15 (C) is not a place of employment; 16 (2) an e-cigarette store if the e-cigarette store has been in continuous 17 operation at the same location since January 1, 2017. 18 (h) Nothing in this section prohibits an individual from smoking 19 (1) at a private residence, except a private residence described in (b) of 20 this section or while a health care provider is present; 21 (2) in a stand-alone shelter if the stand-alone shelter meets the 22 following requirements: 23 (A) food or drink may not be sold or served in the stand-alone 24 shelter; and 25 (B) the stand-alone shelter meets the minimum distance 26 requirements of (c) of this section; or 27 (3) in an establishment licensed under AS 17.38 that is a freestanding 28 building. 29 (i) In this section, 30 (1) "health care provider" has the meaning given in AS 09.65.300; 31 (2) "private club" means an organization, legal entity, or informal
01 association of persons that 02 (A) is the owner, lessee, or occupant of a building or portion of 03 a building used exclusively for club purposes at all times; 04 (B) is operated solely for a recreational, fraternal, social, 05 patriotic, political, benevolent, or athletic purpose; and 06 (C) has been granted exemption from the payment of federal 07 income tax as a club under 26 U.S.C. 501; 08 (3) "retail tobacco or e-cigarette store" 09 (A) means a store 10 (i) that primarily sells cigarettes, e-cigarettes, cigars, 11 tobacco and products containing tobacco, and pipes and other smoking 12 or e-cigarette accessories; 13 (ii) in which the sale of other products is incidental; and 14 (iii) that derives at least 90 percent of its gross revenue 15 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products 16 containing tobacco, and pipes and other smoking or e-cigarette 17 accessories; 18 (B) does not include 19 (i) a tobacco or e-cigarette department or section of a 20 business that does not meet the criteria in (A) of this paragraph; or 21 (ii) a business that is also a restaurant or grocery store. 22 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 23 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 24 display in the place or vehicle a sign that 25 (1) reads "Smoking Prohibited by Law--Fine $50"; 26 (2) includes the international symbol for no smoking; or 27 (3) includes the words "No Puffin" with a pictorial representation of a 28 puffin holding a burning cigarette enclosed in a red circle crossed with a red bar. 29 (b) A person in charge of a building at which smoking is prohibited within a 30 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 31 conspicuously display a sign that reads "Smoking within (number of feet) Feet of
01 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 02 the building. 03 (c) The department shall furnish signs required under this section to a person 04 who requests them with the intention of displaying them. 05 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 06 may not permit an employee, customer, or other person to smoke inside an enclosed 07 area at a place of employment. 08 (b) The owner, operator, manager, or other person who manages a building or 09 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 10 or other smoking accessories for use in that building or place. 11 (c) An employer may not require an employee, customer, or other person to 12 enter a stand-alone shelter as defined in AS 18.35.301(h) for a purpose other than 13 smoking. 14 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 15 commissioner 16 (1) shall administer and enforce the requirements of AS 18.35.301 - 17 18.35.399; 18 (2) may adopt regulations under AS 44.62 (Administrative Procedure 19 Act) necessary to carry out the duties under this section. 20 (b) In addition to other powers granted the commissioner under AS 18.35.301 21 - 18.35.399, the commissioner may delegate to another agency the authority to 22 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 23 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 24 employers, property owners, property operators, and other members of the public are 25 provided ongoing access to 26 (1) a program of education regarding the requirements in AS 18.35.301 27 - 18.35.399; 28 (2) an electronically published printable brochure that summarizes the 29 requirements in AS 18.35.301 - 18.35.399. 30 (b) The program of education under (a) of this section may be provided in 31 combination with the comprehensive smoking education, tobacco use prevention, and
01 tobacco control program established in AS 44.29.020(a)(14). 02 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 03 other manner retaliate against an employee because the employee cooperates with or 04 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 05 (b) The owner or operator of a vehicle or other place that is subject to a 06 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 07 member of the public for cooperating with or initiating enforcement of a requirement 08 in AS 18.35.301 - 18.35.399. 09 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 10 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 11 (1) additional limitations on smoking; or 12 (2) additional duties on employers, owners, operators, and other 13 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 14 smoking. 15 * Sec. 3. AS 18.35.340(a) is amended to read: 16 (a) The commissioner shall develop and maintain a procedure for processing 17 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 18 [AS 18.35.300, 18.35.305, AND 18.35.330]. 19 * Sec. 4. AS 18.35.340(b) is amended to read: 20 (b) If, after investigating a report made under this section, the commissioner 21 determines that a violation has occurred, (1) the commissioner may file a civil 22 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 23 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 24 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 25 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 26 department issues a citation, the violation shall be processed and disposed of under 27 AS 18.35.341. 28 * Sec. 5. AS 18.35.340(c) is amended to read: 29 (c) A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and 30 against whom the commissioner has filed a civil complaint under this section is 31 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A
01 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the 02 commissioner has filed a civil complaint under this section is punishable by a civil 03 fine of not less than $50 [$20] nor more than $300. Each day a violation of 04 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the 05 violation has been filed and served on the defendant constitutes a separate violation. A 06 person who violates AS 18.35.326 and against whom the commissioner has filed a 07 civil complaint under this section is punishable by a civil fine of not more than 08 $500. 09 * Sec. 6. AS 18.35.341(a) is amended to read: 10 (a) A peace officer may issue a citation for a violation of AS 18.35.301, 11 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's 12 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 13 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 14 * Sec. 7. AS 18.35.341(b) is amended to read: 15 (b) An employee of the department designated by the commissioner to enforce 16 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 17 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 18 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether the violation was 19 committed in the employee's presence. A citation issued under this subsection shall be 20 in the same form and shall be processed in the same manner as a citation issued by a 21 peace officer under (a) of this section. An employee of the department may not arrest a 22 person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 23 [AS 18.35.300, 18.35.305, OR 18.35.330]. 24 * Sec. 8. AS 18.35.341(c) is amended to read: 25 (c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 26 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in 27 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN 28 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR 29 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a 30 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a 31 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and
01 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued 02 constitutes a separate violation. 03 * Sec. 9. AS 18.35.341(d) is amended to read: 04 (d) The supreme court shall establish a schedule of bail amounts for violations 05 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 06 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 07 may be imposed for the violation under (c) of this section. The bail amount for a 08 violation must appear on the citation. 09 * Sec. 10. AS 18.35.342 is amended to read: 10 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 11 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 12 [AS 18.35.300, 18.35.305, OR 18.35.330]. 13 * Sec. 11. AS 18.35.343 is amended to read: 14 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 15 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 16 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 17 * Sec. 12. AS 18.35.350 is amended to read: 18 Sec. 18.35.350. Enforcement authority. The commissioner or the 19 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 20 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 21 peace officers. 22 * Sec. 13. AS 18.35 is amended by adding a new section to read: 23 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 24 (1) "business" means a for-profit or nonprofit sole proprietorship, 25 partnership, joint venture, corporation, professional corporation, private club, retail 26 seller of goods or services, or other business entity; 27 (2) "commissioner" means the commissioner of health and social 28 services or the commissioner's designee; 29 (3) "department" means the Department of Health and Social Services; 30 (4) "e-cigarette" means any product containing or delivering nicotine 31 or any other substance intended for human consumption that can be used by a person
01 through inhalation of vapor or aerosol from the product, of any size or shape, whether 02 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- 03 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does 04 not include drugs, devices, or combination products authorized for sale by the United 05 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 06 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate 07 smoking or expose others to vapor or aerosol; 08 (5) "employee" means a person who is employed by a business for 09 compensation or works for a business as a volunteer without compensation; 10 (6) "employer" means the state, a municipality, a regional educational 11 attendance area, and a person or a business with one or more employees; 12 (7) "enclosed area" means space between a floor and a ceiling that is 13 bounded on two or more sides by a combination of walls, doorways, windows, or 14 other physical barriers that may be open, partially open, closed, retractable, temporary, 15 or permanent; 16 (8) "health care facility" means an office or institution providing care 17 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 18 psychological diseases or conditions; private, municipal, or state hospital; independent 19 diagnostic testing facility; primary care outpatient facility; skilled nursing facility; 20 kidney disease treatment center, including freestanding hemodialysis units; 21 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 22 Alaska Veterans' Home administered by the department under AS 47.55; long-term 23 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in 24 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices 25 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, 26 physicians, psychiatrists, or dentists or other professional health care providers to 27 provide health care; 28 (9) "place of employment" means work areas, private offices, hotel and 29 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 30 hallways, vehicles, and other employee work areas that are under the control of an 31 employer;
01 (10) "public place" includes 02 (A) an area to which the public is invited or into which the 03 public is admitted; 04 (B) a place where services, goods, or facilities are offered to 05 the public; 06 (11) "smoking" means using an e-cigarette or other oral smoking 07 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 08 pipe, or tobacco or plant product intended for inhalation. 09 * Sec. 14. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 10 18.35.365 are repealed. 11 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 14 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by 15 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act, 16 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this 17 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 13 of 18 this Act, apply to violations or failures to comply that occur on or after the effective date of 19 secs. 2 - 13 of this Act. 20 * Sec. 16. 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, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as 25 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this 26 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 27 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by 28 sec. 13 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure 29 Act), but not before the effective date of the section being implemented. 30 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect October 1, 2017.