00 HOUSE CS FOR CS FOR SENATE BILL NO. 63(CRA)
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
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
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) within 10 feet of playground equipment located at a public or
30 private school or a state or municipal park while children are present;
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, as determined by the owner or
10 operator, of an entrance, open window, or heating or ventilation system air
11 intake vent of
12 (i) a vessel covered by this section; or
13 (ii) a long-term care facility as defined in AS 47.62.090.
14 (d) Notwithstanding (a) and (b) of this section, unless the owner or operator
15 prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that
16 (1) is in a building that
17 (A) is freestanding; or
18 (B) if it is attached to another business or building,
19 (i) has a separate entrance;
20 (ii) has a ventilation system vented to an area where
21 smoking is not prohibited;
22 (iii) the other business or building does not serve as a
23 residence, child care facility, facility providing care for adults on a fee-
24 for-service basis, school, or health care facility; and
25 (iv) smoking is limited to the use of an e-cigarette;
26 (2) is not
27 (A) a business that is licensed under AS 04.11 to serve
28 alcoholic beverages at an outdoor location;
29 (B) a business that is licensed under AS 05.15 to sell pull-tabs;
31 (C) a retail store that is within an indoor public place or
02 (e) Notwithstanding (a) and (b) of this section, an individual may smoke in a
03 separate enclosed smoking area located in an airport if the smoking area is vented
04 directly to an outdoor area that is not an area where smoking is prohibited under (c) of
05 this section.
06 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits
07 it, an individual may smoke
08 (1) in a vehicle that is a place of employment when the vehicle is used
09 exclusively by one person;
10 (2) on a vessel when the vessel is engaged in commercial fishing or
11 sport charter fishing.
12 (g) Notwithstanding (a) and (b) of this section, an individual may smoke at
13 (1) a private club if the private club
14 (A) has been in continuous operation at the same location since
15 January 1, 2017;
16 (B) is not licensed to serve alcoholic beverages; and
17 (C) is not a place of employment;
18 (2) an e-cigarette store if the e-cigarette store has been in continuous
19 operation at the same location since January 1, 2017.
20 (h) Nothing in this section prohibits an individual from smoking
21 (1) at a private residence, except a private residence described in (b) of
22 this section or while a health care provider is present;
23 (2) in a stand-alone shelter if the stand-alone shelter meets the
24 following requirements:
25 (A) food or drink may not be sold or served in the stand-alone
26 shelter; and
27 (B) the stand-alone shelter meets the minimum distance
28 requirements of (c) of this section; or
29 (3) in an establishment licensed under AS 17.38 that is freestanding if
30 the smoking is in accordance with regulations adopted by the Marijuana Control
31 Board created under AS 17.38.080.
01 (i) In this section,
02 (1) "freestanding" means a building that is not supported by another
03 structure and does not share ventilation or internal air space with an adjoining
04 structure and smoke from the building cannot travel into the adjoining structure;
05 (2) "health care provider" has the meaning given in AS 09.65.300;
06 (3) "private club" means an organization, legal entity, or informal
07 association of persons that
08 (A) is the owner, lessee, or occupant of a building or portion of
09 a building used exclusively for club purposes at all times;
10 (B) is operated solely for a recreational, fraternal, social,
11 patriotic, political, benevolent, or athletic purpose; and
12 (C) has been granted exemption from the payment of federal
13 income tax as a club under 26 U.S.C. 501;
14 (4) "retail tobacco or e-cigarette store"
15 (A) means a store
16 (i) that primarily sells cigarettes, e-cigarettes, cigars,
17 tobacco and products containing tobacco, and pipes and other smoking
18 or e-cigarette accessories;
19 (ii) in which the sale of other products is incidental; and
20 (iii) that derives at least 90 percent of its gross revenue
21 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products
22 containing tobacco, and pipes and other smoking or e-cigarette
24 (B) does not include
25 (i) a tobacco or e-cigarette department or section of a
26 business that does not meet the criteria in (A) of this paragraph; or
27 (ii) a business that is also a restaurant or grocery store.
28 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place
29 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously
30 display in the place or vehicle a sign that
31 (1) reads "Smoking Prohibited by Law--Fine $50";
01 (2) includes the international symbol for no smoking; or
02 (3) includes the words "No Puffin" with a pictorial representation of a
03 puffin holding a burning cigarette enclosed in a red circle crossed with a red bar.
04 (b) A person in charge of a building at which smoking is prohibited within a
05 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall
06 conspicuously display a sign that reads "Smoking within (number of feet) Feet of
07 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to
08 the building.
09 (c) The department shall furnish signs required under this section to a person
10 who requests them with the intention of displaying them.
11 Sec. 18.35.311. Duty of employers and building managers. (a) An employer
12 may not permit an employee, customer, or other person to smoke inside an enclosed
13 area at a place of employment.
14 (b) The owner, operator, manager, or other person who manages a building or
15 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays
16 or other smoking accessories for use in that building or place.
17 (c) An employer may not require an employee, customer, or other person to
18 enter a stand-alone shelter as defined in AS 18.35.301(h) for a purpose other than
20 Sec. 18.35.316. Powers and duties of the commissioner. (a) The
22 (1) shall administer and enforce the requirements of AS 18.35.301 -
24 (2) may adopt regulations under AS 44.62 (Administrative Procedure
25 Act) necessary to carry out the duties under this section.
26 (b) In addition to other powers granted the commissioner under AS 18.35.301
27 - 18.35.399, the commissioner may delegate to another agency the authority to
28 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399.
29 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that
30 employers, property owners, property operators, and other members of the public are
31 provided ongoing access to
01 (1) a program of education regarding the requirements in AS 18.35.301
02 - 18.35.399;
03 (2) an electronically published printable brochure that summarizes the
04 requirements in AS 18.35.301 - 18.35.399.
05 (b) The program of education under (a) of this section may be provided in
06 combination with the comprehensive smoking education, tobacco use prevention, and
07 tobacco control program established in AS 44.29.020(a)(14).
08 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any
09 other manner retaliate against an employee because the employee cooperates with or
10 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399.
11 (b) The owner or operator of a vehicle or other place that is subject to a
12 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other
13 member of the public for cooperating with or initiating enforcement of a requirement
14 in AS 18.35.301 - 18.35.399.
15 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301
16 - 18.35.399 prohibits a municipality from adopting an ordinance imposing additional
17 (1) limitations on smoking;
18 (2) duties on employers, owners, operators, and other persons who are
19 subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or
20 (3) limitations on smoking in an outdoor area at a municipal park
21 designated as a children's playground.
22 * Sec. 3. AS 18.35.340(a) is amended to read:
23 (a) The commissioner shall develop and maintain a procedure for processing
24 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326
25 [AS 18.35.300, 18.35.305, AND 18.35.330].
26 * Sec. 4. AS 18.35.340(b) is amended to read:
27 (b) If, after investigating a report made under this section, the commissioner
28 determines that a violation has occurred, (1) the commissioner may file a civil
29 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399
30 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the
31 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 -
01 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the
02 department issues a citation, the violation shall be processed and disposed of under
03 AS 18.35.341.
04 * Sec. 5. AS 18.35.340(c) is amended to read:
05 (c) A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and
06 against whom the commissioner has filed a civil complaint under this section is
07 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A
08 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the
09 commissioner has filed a civil complaint under this section is punishable by a civil
10 fine of not less than $50 [$20] nor more than $300. Each day a violation of
11 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the
12 violation has been filed and served on the defendant constitutes a separate violation. A
13 person who violates AS 18.35.326 and against whom the commissioner has filed a
14 civil complaint under this section is punishable by a civil fine of not more than
16 * Sec. 6. AS 18.35.341(a) is amended to read:
17 (a) A peace officer may issue a citation for a violation of AS 18.35.301,
18 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's
19 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of
20 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection.
21 * Sec. 7. AS 18.35.341(b) is amended to read:
22 (b) An employee of the department designated by the commissioner to enforce
23 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a
24 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326
25 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether the violation was
26 committed in the employee's presence. A citation issued under this subsection shall be
27 in the same form and shall be processed in the same manner as a citation issued by a
28 peace officer under (a) of this section. An employee of the department may not arrest a
29 person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326
30 [AS 18.35.300, 18.35.305, OR 18.35.330].
31 * Sec. 8. AS 18.35.341(c) is amended to read:
01 (c) A person who violates 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] is guilty of a violation as defined in
03 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN
04 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR
05 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a
06 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a
07 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and
08 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued
09 constitutes a separate violation.
10 * Sec. 9. AS 18.35.341(d) is amended to read:
11 (d) The supreme court shall establish a schedule of bail amounts for violations
12 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305,
13 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that
14 may be imposed for the violation under (c) of this section. The bail amount for a
15 violation must appear on the citation.
16 * Sec. 10. AS 18.35.342 is amended to read:
17 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more
18 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326
19 [AS 18.35.300, 18.35.305, OR 18.35.330].
20 * Sec. 11. AS 18.35.343 is amended to read:
21 Sec. 18.35.343. Injunctions. The commissioner or any affected party may
22 institute an action in the superior court to enjoin repeated violations of AS 18.35.301,
23 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330].
24 * Sec. 12. AS 18.35.350 is amended to read:
25 Sec. 18.35.350. Enforcement authority. The commissioner or the
26 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 -
27 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of
28 peace officers.
29 * Sec. 13. AS 18.35 is amended by adding a new section to read:
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 any product containing or delivering nicotine
07 or any other substance intended for human consumption that can be used by a person
08 through inhalation of vapor or aerosol from the product, of any size or shape, whether
09 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-
10 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does
11 not include drugs, devices, or combination products authorized for sale by the United
12 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 -
13 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate
14 smoking or expose others to vapor or aerosol;
15 (5) "employee" means a person who is employed by a business for
16 compensation or works for a business as a volunteer without compensation;
17 (6) "employer" means the state, a municipality, a regional educational
18 attendance area, and a person or a business with one or more employees;
19 (7) "enclosed area" means space between a floor and a ceiling that is
20 bounded on two or more sides by a combination of walls, doorways, windows, or
21 other physical barriers that may be open, partially open, closed, retractable, temporary,
22 or permanent;
23 (8) "health care facility" means an office or institution providing care
24 or treatment for physical, mental, emotional, or other medical, dental, physiological, or
25 psychological diseases or conditions; private, municipal, or state hospital; independent
26 diagnostic testing facility; primary care outpatient facility; skilled nursing facility;
27 kidney disease treatment center, including freestanding hemodialysis units;
28 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or
29 Alaska Veterans' Home administered by the department under AS 47.55; long-term
30 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in
31 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices
01 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists,
02 physicians, psychiatrists, or dentists or other professional health care providers to
03 provide health care;
04 (9) "place of employment" means work areas, private offices, hotel and
05 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias,
06 hallways, vehicles, and other employee work areas that are under the control of an
08 (10) "public place" includes
09 (A) an area to which the public is invited or into which the
10 public is admitted;
11 (B) a place where services, goods, or facilities are offered to
12 the public;
13 (11) "smoking" means using an e-cigarette or other oral smoking
14 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette,
15 pipe, or tobacco or plant product intended for inhalation.
16 * Sec. 14. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and
17 18.35.365 are repealed.
18 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to
20 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321,
21 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by
22 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act,
23 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this
24 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 13 of
25 this Act, apply to violations or failures to comply that occur on or after the effective date of
26 secs. 2 - 13 of this Act.
27 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to
29 TRANSITION: REGULATIONS. The Department of Health and Social Services may
30 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316,
31 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as
01 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this
02 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11
03 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by
04 sec. 13 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure
05 Act), but not before the effective date of the section being implemented.
06 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c).
07 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect October 1, 2017.