HCS CSSB 63(JUD): "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 63(JUD) 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) 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) is separated from the other business or building in a 21 manner that does not allow e-cigarette vapor or aerosol to travel into 22 the other business or building; 23 (iii) the other business or building does not serve as a 24 residence, child care facility, facility providing care for adults on a fee- 25 for-service basis, school, or health care facility; and 26 (iv) smoking is limited to the use of an e-cigarette; 27 (2) is not 28 (A) a business that is licensed under AS 04.11 to serve 29 alcoholic beverages at an outdoor location; 30 (B) a business that is licensed under AS 05.15 to sell pull-tabs; 31 or
01 (C) a retail store that is within an indoor public place or 02 workplace. 03 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 04 separate enclosed smoking area located in a terminal for international passengers who 05 are in transit in a state-owned and state-operated international airport and who are 06 restricted by federal law from leaving the airport, if the smoking area is vented directly 07 to an outdoor area that is not an area where smoking is prohibited under (c) of this 08 section. 09 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 10 it, an individual may smoke 11 (1) in a vehicle that is a place of employment when the vehicle is used 12 exclusively by one person; 13 (2) on a vessel when the vessel is engaged in commercial fishing or 14 sport charter fishing. 15 (g) Notwithstanding (a) and (b) of this section, an individual may smoke at 16 (1) a private club if the private club 17 (A) has been in continuous operation at the same location since 18 January 1, 2017; 19 (B) is not licensed to serve alcoholic beverages; and 20 (C) is not a place of employment; 21 (2) an e-cigarette store if the e-cigarette store has been in continuous 22 operation at the same location since January 1, 2017. 23 (h) Nothing in this section prohibits an individual from smoking 24 (1) at a private residence, except a private residence described in (b) of 25 this section or while a health care provider is present; 26 (2) in a stand-alone shelter if the stand-alone shelter meets the 27 following requirements: 28 (A) food or drink may not be sold or served in the stand-alone 29 shelter; and 30 (B) the stand-alone shelter meets the minimum distance 31 requirements of (c) of this section; or
01 (3) in an establishment licensed under AS 17.38 that is freestanding if 02 the smoking is in accordance with regulations adopted by the Marijuana Control 03 Board created under AS 17.38.080. 04 (i) In this section, 05 (1) "freestanding" means a building that is not supported by another 06 structure and does not share ventilation or internal air space with an adjoining 07 structure and smoke from the building cannot travel into the adjoining structure; 08 (2) "health care provider" has the meaning given in AS 09.65.300; 09 (3) "private club" means an organization, legal entity, or informal 10 association of persons that 11 (A) is the owner, lessee, or occupant of a building or portion of 12 a building used exclusively for club purposes at all times; 13 (B) is operated solely for a recreational, fraternal, social, 14 patriotic, political, benevolent, or athletic purpose; and 15 (C) has been granted exemption from the payment of federal 16 income tax as a club under 26 U.S.C. 501; 17 (4) "retail tobacco or e-cigarette store" 18 (A) means a store 19 (i) that primarily sells cigarettes, e-cigarettes, cigars, 20 tobacco and products containing tobacco, and pipes and other smoking 21 or e-cigarette accessories; 22 (ii) in which the sale of other products is incidental; and 23 (iii) that derives at least 90 percent of its gross revenue 24 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products 25 containing tobacco, and pipes and other smoking or e-cigarette 26 accessories; 27 (B) does not include 28 (i) a tobacco or e-cigarette department or section of a 29 business that does not meet the criteria in (A) of this paragraph; or 30 (ii) a business that is also a restaurant or grocery store. 31 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place
01 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 02 display in the place or vehicle a sign that 03 (1) reads "Smoking Prohibited by Law--Fine $50"; 04 (2) includes the international symbol for no smoking; or 05 (3) includes the words "No Puffin" with a pictorial representation of a 06 puffin holding a burning cigarette enclosed in a red circle crossed with a red bar. 07 (b) A person in charge of a building at which smoking is prohibited within a 08 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 09 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 10 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 11 the building. 12 (c) The department shall furnish signs required under this section to a person 13 who requests them with the intention of displaying them. 14 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 15 may not permit an employee, customer, or other person to smoke inside an enclosed 16 area at a place of employment. 17 (b) The owner, operator, manager, or other person who manages a building or 18 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 19 or other smoking accessories for use in that building or place. 20 (c) An employer may not require an employee, customer, or other person to 21 enter a stand-alone shelter as defined in AS 18.35.301(h) for a purpose other than 22 smoking. 23 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 24 commissioner 25 (1) shall administer and enforce the requirements of AS 18.35.301 - 26 18.35.399; 27 (2) may adopt regulations under AS 44.62 (Administrative Procedure 28 Act) necessary to carry out the duties under this section. 29 (b) In addition to other powers granted the commissioner under AS 18.35.301 30 - 18.35.399, the commissioner may delegate to another agency the authority to 31 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399.
01 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 02 employers, property owners, property operators, and other members of the public are 03 provided ongoing access to 04 (1) a program of education regarding the requirements in AS 18.35.301 05 - 18.35.399; 06 (2) an electronically published printable brochure that summarizes the 07 requirements in AS 18.35.301 - 18.35.399. 08 (b) The program of education under (a) of this section may be provided in 09 combination with the comprehensive smoking education, tobacco use prevention, and 10 tobacco control program established in AS 44.29.020(a)(14). 11 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 12 other manner retaliate against an employee because the employee cooperates with or 13 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 14 (b) The owner or operator of a vehicle or other place that is subject to a 15 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 16 member of the public for cooperating with or initiating enforcement of a requirement 17 in AS 18.35.301 - 18.35.399. 18 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 19 - 18.35.399 prohibits a municipality from adopting an ordinance imposing additional 20 (1) limitations on smoking; 21 (2) duties on employers, owners, operators, and other persons who are 22 subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or 23 (3) limitations on smoking in an outdoor area at a municipal park 24 designated as a children's playground. 25 * Sec. 3. AS 18.35.340(a) is amended to read: 26 (a) The commissioner shall develop and maintain a procedure for processing 27 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 28 [AS 18.35.300, 18.35.305, AND 18.35.330]. 29 * Sec. 4. AS 18.35.340(b) is amended to read: 30 (b) If, after investigating a report made under this section, the commissioner 31 determines that a violation has occurred, (1) the commissioner may file a civil
01 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 02 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 03 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 04 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 05 department issues a citation, the violation shall be processed and disposed of under 06 AS 18.35.341. 07 * Sec. 5. AS 18.35.340(c) is amended to read: 08 (c) A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and 09 against whom the commissioner has filed a civil complaint under this section is 10 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A 11 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the 12 commissioner has filed a civil complaint under this section is punishable by a civil 13 fine of not less than $50 [$20] nor more than $300. Each day a violation of 14 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the 15 violation has been filed and served on the defendant constitutes a separate violation. A 16 person who violates AS 18.35.326 and against whom the commissioner has filed a 17 civil complaint under this section is punishable by a civil fine of not more than 18 $500. 19 * Sec. 6. 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. 7. 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. 8. 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 07 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR 08 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a 09 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a 10 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and 11 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued 12 constitutes a separate violation. 13 * Sec. 9. AS 18.35.341(d) is amended to read: 14 (d) The supreme court shall establish a schedule of bail amounts for violations 15 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 16 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 17 may be imposed for the violation under (c) of this section. The bail amount for a 18 violation must appear on the citation. 19 * Sec. 10. AS 18.35.342 is amended to read: 20 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 21 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 22 [AS 18.35.300, 18.35.305, OR 18.35.330]. 23 * Sec. 11. AS 18.35.343 is amended to read: 24 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 25 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 26 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 27 * Sec. 12. AS 18.35.350 is amended to read: 28 Sec. 18.35.350. Enforcement authority. The commissioner or the 29 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 30 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 31 peace officers.
01 * Sec. 13. AS 18.35 is amended by adding a new section to read: 02 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 03 (1) "business" means a for-profit or nonprofit sole proprietorship, 04 partnership, joint venture, corporation, professional corporation, private club, retail 05 seller of goods or services, or other business entity; 06 (2) "commissioner" means the commissioner of health and social 07 services or the commissioner's designee; 08 (3) "department" means the Department of Health and Social Services; 09 (4) "e-cigarette" means any product containing or delivering nicotine 10 or any other substance intended for human consumption that can be used by a person 11 through inhalation of vapor or aerosol from the product, of any size or shape, whether 12 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- 13 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does 14 not include drugs, devices, or combination products authorized for sale by the United 15 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 16 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate 17 smoking or expose others to vapor or aerosol; 18 (5) "employee" means a person who is employed by a business for 19 compensation or works for a business as a volunteer without compensation; 20 (6) "employer" means the state, a municipality, a regional educational 21 attendance area, and a person or a business with one or more employees; 22 (7) "enclosed area" means space between a floor and a ceiling that is 23 bounded on two or more sides by a combination of walls, doorways, windows, or 24 other physical barriers that may be open, partially open, closed, retractable, temporary, 25 or permanent; 26 (8) "health care facility" means an office or institution providing care 27 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 28 psychological diseases or conditions; private, municipal, or state hospital; independent 29 diagnostic testing facility; primary care outpatient facility; skilled nursing facility; 30 kidney disease treatment center, including freestanding hemodialysis units; 31 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or
01 Alaska Veterans' Home administered by the department under AS 47.55; long-term 02 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in 03 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices 04 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, 05 physicians, psychiatrists, or dentists or other professional health care providers to 06 provide health care; 07 (9) "place of employment" means work areas, private offices, hotel and 08 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 09 hallways, vehicles, and other employee work areas that are under the control of an 10 employer; 11 (10) "public place" includes 12 (A) an area to which the public is invited or into which the 13 public is admitted; 14 (B) a place where services, goods, or facilities are offered to 15 the public; 16 (11) "smoking" means using an e-cigarette or other oral smoking 17 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 18 pipe, or tobacco or plant product intended for inhalation. 19 * Sec. 14. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 20 18.35.365 are repealed. 21 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 24 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by 25 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act, 26 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this 27 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 13 of 28 this Act, apply to violations or failures to comply that occur on or after the effective date of 29 secs. 2 - 13 of this Act. 30 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITION: REGULATIONS. The Department of Health and Social Services may 02 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 03 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as 04 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this 05 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 06 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by 07 sec. 13 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure 08 Act), but not before the effective date of the section being implemented. 09 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect October 1, 2018.