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HCS CSSB 63(RLS) am H: "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; relating to municipal regulation of smoking in certain places; relating to established villages and local option elections to allow smoking in public places; and providing for an effective date."

00              HOUSE CS FOR CS FOR SENATE BILL NO. 63(RLS) am H                                                           
01 "An Act prohibiting smoking in certain places; relating to education on the smoking                                     
02 prohibition; relating to municipal regulation of smoking in certain places; relating to                                 
03 established villages and local option elections to allow smoking in public places; and                                  
04 providing for an effective date."                                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
07 to read:                                                                                                                
08       LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is                               
09 intended to alter applicable law relating to liability of a manufacturer, dispenser, or other                           
10 person for a cause of action that may arise from smoking tobacco, e-cigarettes, or other oral                           
11 smoking devices in an enclosed area or to otherwise limit the state immunity from liability                             
12 provided for in state law. In this section, "e-cigarette," "enclosed area," and "smoking" have                          
13 the meanings given to those terms in AS 18.35.399.                                                                    
14    * Sec. 2. AS 18.35 is amended by adding new sections to read:                                                      
01               Article 4. Prohibition of Smoking in Certain Places.                                                    
02            Sec. 18.35.301. Prohibition of smoking. (a) An individual may not smoke in                                 
03       an enclosed area in a public place, including an enclosed area                                                    
04                 (1)  at an entertainment venue or a sports arena;                                                       
05                 (2)  on a bus, in a taxicab, on a ferry, or in another vehicle used for                                 
06       public transportation;                                                                                            
07                 (3)  at a public transit depot, bus shelter, airport terminal, or other                                 
08       public transportation facility;                                                                                   
09                 (4)  at a retail store or shopping center;                                                              
10 (5)  at a place of government or public assembly located on property                                                    
11 that is owned or operated by the state, a municipality, or a regional educational                                       
12 attendance area, or by an agent of the state, a municipality, or a regional educational                                 
13       attendance area.                                                                                                  
14            (b)  An individual may not smoke in an enclosed area                                                         
15 (1)  in an office building, office, hotel, motel, restaurant, bar, retail                                               
16       store, or shopping center;                                                                                        
17 (2)  in a common area in an apartment building or multiple-family                                                       
18       dwelling;                                                                                                         
19                 (3)  in a place of employment, including a vehicle;                                                     
20                 (4)  at a public or private educational facility;                                                       
21 (5)  at a health care facility, including residential units in the health care                                          
22       facility;                                                                                                         
23 (6)  in a building or residence that is used to provide paid child care,                                                
24 whether or not children are present in the building or residence, or care for adults on a                               
25 fee-for-service basis; however, nothing in this paragraph is intended to prohibit an                                    
26 individual from smoking in a private residence that is in a building where another                                      
27       residence provides paid child care or care for adults;                                                            
28 (7)  on a vessel operating as a shore-based fisheries business under                                                    
29       AS 43.75.                                                                                                         
30            (c)  An individual may not smoke outdoors                                                                    
31 (1)  within 10 feet of playground equipment located at a public or                                                      
01       private school or a state or municipal park while children are present;                                           
02                 (2)  in a seating area for an outdoor arena, stadium, or amphitheater;                                  
03                 (3)  at a place of employment or health care facility that has declared                                 
04       the entire campus or outside grounds or property to be smoke-free;                                                
05                 (4)  within                                                                                             
06                      (A)  10 feet of an entrance to a bar or restaurant that serves                                     
07            alcoholic beverages;                                                                                         
08                      (B)  20 feet of an entrance, open window, or heating or                                            
09            ventilation system air intake vent at an enclosed area at a place where smoking                              
10            is prohibited under this section; or                                                                         
11 (C)  a reasonable distance, as determined by the owner or                                                               
12 operator, of an entrance, open window, or heating or ventilation system air                                             
13            intake vent of                                                                                               
14                           (i)  a vessel covered by this section; or                                                     
15                           (ii)  a long-term care facility as defined in AS 47.62.090.                                   
16 (d)  Notwithstanding (a) and (b) of this section, unless the owner or operator                                          
17       prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that                               
18                 (1)  is in a building that                                                                              
19                      (A)  is freestanding; or                                                                           
20                      (B)  if it is attached to another business or building,                                            
21                           (i)  has a separate entrance;                                                                 
22 (ii)  is separated from the other business or building in a                                                             
23 manner that does not allow e-cigarette vapor or aerosol to travel into                                                  
24                 the other business or building;                                                                         
25 (iii)  the other business or building does not serve as a                                                               
26                 residence, child care facility, facility providing care for adults on a fee-                            
27                 for-service basis, school, or health care facility; and                                                 
28                           (iv)  smoking is limited to the use of an e-cigarette;                                        
29                 (2)  is not                                                                                             
30 (A)  a business that is licensed under AS 04.11 to serve                                                                
31            alcoholic beverages at an outdoor location;                                                                  
01 (B)  a business that is licensed under AS 05.15 to sell pull-tabs;                                                      
02            or                                                                                                           
03 (C)  a retail store that is within an indoor public place or                                                            
04            workplace.                                                                                                   
05 (e)  Notwithstanding (a) and (b) of this section, smoking may be permitted in a                                         
06 separate enclosed smoking area located in a terminal for international passengers who                                   
07 are in transit in a state-owned and state-operated international airport and who are                                    
08 restricted by federal law from leaving the airport, if the smoking area is vented directly                              
09 to an outdoor area that is not an area where smoking is prohibited under (c) of this                                    
10       section.                                                                                                          
11 (f)  Notwithstanding (b) of this section, unless the owner or operator prohibits                                        
12       it, an individual may smoke                                                                                       
13 (1)  in a vehicle that is a place of employment when the vehicle is used                                                
14       exclusively by one person;                                                                                        
15 (2)  on a vessel when the vessel is engaged in commercial fishing or                                                    
16       sport charter fishing.                                                                                            
17            (g)  Notwithstanding (a) and (b) of this section, an individual may smoke at                                 
18                 (1)  a private club if the private club                                                                 
19 (A)  has been in continuous operation at the same location since                                                        
20            January 1, 2017;                                                                                             
21                      (B)  is not licensed to serve alcoholic beverages; and                                             
22                      (C)  is not a place of employment;                                                                 
23 (2)  an e-cigarette store if the e-cigarette store has been in continuous                                               
24       operation at the same location since January 1, 2017.                                                             
25            (h)  Nothing in this section prohibits an individual from smoking                                            
26 (1)  at a private residence, except a private residence described in (b) of                                             
27       this section or while a health care provider is present;                                                          
28 (2)  in a stand-alone shelter if the stand-alone shelter meets the                                                      
29       following requirements:                                                                                           
30 (A)  food or drink may not be sold or served in the stand-alone                                                         
31            shelter; and                                                                                                 
01                      (B)  the stand-alone shelter meets the minimum distance                                            
02            requirements of (c) of this section; or                                                                      
03                 (3)  in an establishment licensed under AS 17.38 that is freestanding if                                
04       the smoking is in accordance with regulations adopted by the Marijuana Control                                    
05       Board created under AS 17.38.080.                                                                                 
06            (i)  In this section,                                                                                        
07                 (1)  "freestanding" means a building that is not supported by another                                   
08       structure and does not share ventilation or internal air space with an adjoining                                  
09       structure and smoke from the building cannot travel into the adjoining structure;                                 
10                 (2)  "health care provider" has the meaning given in AS 09.65.300;                                      
11 (3)  "private club" means an organization, legal entity, or informal                                                    
12       association of persons that                                                                                       
13 (A)  is the owner, lessee, or occupant of a building or portion of                                                      
14            a building used exclusively for club purposes at all times;                                                  
15 (B)  is operated solely for a recreational, fraternal, social,                                                          
16            patriotic, political, benevolent, or athletic purpose; and                                                   
17 (C)  has been granted exemption from the payment of federal                                                             
18            income tax as a club under 26 U.S.C. 501;                                                                    
19                 (4)  "retail tobacco" or e-cigarette store                                                              
20                      (A)  means a store                                                                                 
21 (i)  that primarily sells cigarettes, e-cigarettes, cigars,                                                             
22 tobacco and products containing tobacco, and pipes and other smoking                                                    
23                 or e-cigarette accessories;                                                                             
24                           (ii)  in which the sale of other products is incidental; and                                  
25 (iii)  that derives at least 90 percent of its gross revenue                                                            
26 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products                                                 
27 containing tobacco, and pipes and other smoking or e-cigarette                                                          
28                 accessories;                                                                                            
29                      (B)  does not include                                                                              
30 (i)  a tobacco or e-cigarette department or section of a                                                                
31                 business that does not meet the criteria in (A) of this paragraph; or                                   
01                           (ii)  a business that is also a restaurant or grocery store.                                  
02            Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place                            
03       or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously                                     
04       display in the place or vehicle a sign that                                                                       
05                 (1)  reads "Smoking Prohibited by Law--Fine $50";                                                       
06                 (2)  includes the international symbol for no smoking; or                                               
07                 (3)  includes the words "No Puffin" with a pictorial representation of a                                
08       puffin holding a burning cigarette enclosed in a red circle crossed with a red bar.                               
09            (b)  A person in charge of a building at which smoking is prohibited within a                                
10 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall                                      
11 conspicuously display a sign that reads "Smoking within (number of feet) Feet of                                        
12 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to                                      
13       the building.                                                                                                     
14 (c)  The department shall furnish signs required under this section to a person                                         
15       who requests them with the intention of displaying them.                                                          
16 Sec. 18.35.311. Duty of employers and building managers. (a) An employer                                            
17 may not permit an employee, customer, or other person to smoke inside an enclosed                                       
18       area at a place of employment.                                                                                    
19 (b)  The owner, operator, manager, or other person who manages a building or                                            
20 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays                                     
21       or other smoking accessories for use in that building or place.                                                   
22 (c)  An employer may not require an employee, customer, or other person to                                              
23 enter a stand-alone shelter as defined in AS 18.35.301(h) for a purpose other than                                      
24       smoking.                                                                                                          
25 Sec. 18.35.316. Powers and duties of the commissioner. (a) The                                                        
26       commissioner                                                                                                      
27 (1)  shall administer and enforce the requirements of AS 18.35.301 -                                                    
28       18.35.399;                                                                                                        
29 (2)  may adopt regulations under AS 44.62 (Administrative Procedure                                                     
30       Act) necessary to carry out the duties under this section.                                                        
31 (b)  In addition to other powers granted the commissioner under AS 18.35.301                                            
01       - 18.35.399, the commissioner may delegate to another agency the authority to                                     
02       implement and enforce one or more provisions of AS 18.35.301 - 18.35.399.                                         
03            Sec. 18.35.321. Public education. (a) The commissioner shall ensure that                                 
04       employers, property owners, property operators, and other members of the public are                               
05       provided ongoing access to                                                                                        
06                 (1)  a program of education regarding the requirements in AS 18.35.301                                  
07       - 18.35.399;                                                                                                      
08                 (2)  an electronically published printable brochure that summarizes the                                 
09       requirements in AS 18.35.301 - 18.35.399.                                                                         
10 (b)  The program of education under (a) of this section may be provided in                                              
11 combination with the comprehensive smoking education, tobacco use prevention, and                                       
12       tobacco control program established in AS 44.29.020(a)(14).                                                       
13 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any                                           
14 other manner retaliate against an employee because the employee cooperates with or                                      
15       initiates enforcement of a requirement in AS 18.35.301 - 18.35.399.                                               
16 (b)  The owner or operator of a vehicle or other place that is subject to a                                             
17 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other                                   
18 member of the public for cooperating with or initiating enforcement of a requirement                                    
19       in AS 18.35.301 - 18.35.399.                                                                                      
20 Sec. 18.35.331. Conflicts with local requirements.  Nothing in AS 18.35.301                                           
21       - 18.35.399 prohibits a municipality from adopting an ordinance imposing additional                               
22                 (1)  limitations on smoking;                                                                            
23 (2)  duties on employers, owners, operators, and other persons who are                                                  
24       subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or                                   
25 (3)  limitations on smoking in an outdoor area at a municipal park                                                      
26       designated as a children's playground.                                                                            
27    * Sec. 3. 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    * Sec. 4. AS 18.35.340(b) is amended to read:                                                                      
01 (b)  If, after investigating a report made under this section, the commissioner                                         
02 determines that a violation has occurred, (1) the commissioner may file a civil                                         
03 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399                               
04 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the                                      
05 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 -                                  
06 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the                                            
07 department issues a citation, the violation shall be processed and disposed of under                                    
08       AS 18.35.341.                                                                                                     
09    * Sec. 5. AS 18.35.340(c) is amended to read:                                                                      
10 (c)  A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and                                             
11 against whom the commissioner has filed a civil complaint under this section is                                         
12 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A                                                  
13 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the                                   
14 commissioner has filed a civil complaint under this section is punishable by a civil                                    
15 fine of not less than $50 [$20] nor more than $300. Each day a violation of                                         
16 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the                                  
17 violation has been filed and served on the defendant constitutes a separate violation.                                  
18 A person who violates AS 18.35.326 and against whom the commissioner has filed                                      
19 a civil complaint under this section is punishable by a civil fine of not more than                                 
20       $500.                                                                                                         
21    * Sec. 6. AS 18.35.341(a) is amended to read:                                                                      
22 (a)  A peace officer may issue a citation for a violation of AS 18.35.301,                                          
23 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's                                      
24 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of                                       
25       AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection.                               
26    * Sec. 7. AS 18.35.341(b) is amended to read:                                                                      
27 (b)  An employee of the department designated by the commissioner to enforce                                            
28 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a                                   
29 citation 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] regardless of whether the violation was                                         
31 committed in the employee's presence.  A citation issued under this subsection shall be                                 
01 in the same form and shall be processed in the same manner as a citation issued by a                                    
02 peace officer under (a) of this section.  An employee of the department may not arrest                                  
03 a person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326                                        
04       [AS 18.35.300, 18.35.305, OR 18.35.330].                                                                          
05    * Sec. 8. AS 18.35.341(c) is amended to read:                                                                      
06 (c)  A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326                                         
07 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in                                          
08 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN                                           
09 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR                                            
10 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a                                        
11 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a                                   
12 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and                              
13 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued                               
14       constitutes a separate violation.                                                                                 
15    * Sec. 9. AS 18.35.341(d) is amended to read:                                                                      
16 (d)  The supreme court shall establish a schedule of bail amounts for violations                                        
17 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305,                                      
18 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that                                        
19 may be imposed for the violation under (c) of this section.  The bail amount for a                                      
20       violation must appear on the citation.                                                                            
21    * Sec. 10. AS 18.35.342 is amended to read:                                                                        
22 Sec. 18.35.342. Multiple fines prohibited.  A person may not be fined more                                            
23 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326                                    
24       [AS 18.35.300, 18.35.305, OR 18.35.330].                                                                          
25    * Sec. 11. AS 18.35.343 is amended to read:                                                                      
26 Sec. 18.35.343. Injunctions.  The commissioner or any affected party may                                              
27 institute an action in the superior court to enjoin repeated violations of AS 18.35.301,                            
28       18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330].                                   
29    * Sec. 12. AS 18.35.350 is amended to read:                                                                        
30 Sec. 18.35.350. Enforcement authority.  The commissioner or the                                                       
31 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 -                               
01       18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of                            
02       peace officers.                                                                                                   
03    * Sec. 13. AS 18.35 is amended by adding new sections to read:                                                     
04 Sec. 18.35.357. Municipal regulation.  A municipality may, by ordinance                                               
05 ratified by voters in a regular municipal election, exempt the municipality from the                                    
06 provisions of AS 18.35.301 - 18.35.350. Unless the municipality has adopted an                                          
07 ordinance banning smoking in certain public places, if a municipality exempts itself                                    
08 from the provisions of AS 18.35.301 - 18.35.350, former AS 18.35.300 - 18.35.365                                        
09       apply in the municipality as those statutes provided on September 30, 2018.                                       
10 Sec. 18.35.359. Local option election by an established village. (a) If a                                           
11 majority of the voters voting on the question vote to approve the option, AS 18.35.301                                  
12 - 18.35.350 do not apply within the boundaries of the established village and former                                    
13 AS 18.35.300 - 18.35.365 apply in the village as those statutes provided on                                             
14       September 30, 2018.                                                                                               
15 (b)  A ballot question to adopt a local option under this section must at least                                         
16 contain language substantially similar to the following: "Shall (name of village) adopt                                 
17 a local option not to comply with AS 18.35.301 - 18.35.350, relating to smoking in                                      
18       certain public places? (yes or no)."                                                                              
19 (c)  If a majority of the voters voting on the question vote to remove the option,                                      
20 an established village shall remove a local option previously adopted under (a) of this                                 
21 section.  The option is repealed effective the first day of the month following                                         
22       certification of the results of the election.                                                                     
23 (d)  A ballot question to remove a local option under (c) of this section must at                                       
24 least contain language substantially similar to the following: "Shall (name of village)                                 
25 remove the local option currently in effect, that permits smoking in certain public                                     
26       places, so that there is no longer any local option in effect? (yes or no)."                                      
27 (e)  An election to adopt a local option under (a) of this section or remove a                                          
28       local option under (c) of this section shall be conducted as required in this section.                            
29 (f)  Upon receiving a petition of 35 percent or more of the registered voters                                           
30 residing within an established village, the lieutenant governor shall place on a separate                               
31 ballot at a special election the local option or removal of local option that constitutes                               
01       the subject of the petition.  The lieutenant governor shall conduct the election under                            
02       AS 15.                                                                                                            
03            (g)  An election under (f) of this section to remove a local option may not be                               
04       conducted during the first 24 months after the local option was adopted or more than                              
05       once in a 36-month period.                                                                                        
06            (h)  After a petition has been certified as sufficient to meet the requirements of                           
07       (f) of this section, another petition may not be filed or certified until after the question                      
08       presented in the first petition has been voted on.                                                                
09            (i)  Except as provided under (j) and (k) of this section, for purposes of this                              
10 section, the perimeter of an established village is a circle around the established                                     
11 village that includes an area within a five-mile radius of the post office of the                                       
12 established village. If the established village does not have a post office, the perimeter                              
13 of an established village is a circle around the established village that includes an area                              
14 within a five-mile radius of another site selected by the local governing body or by the                                
15       department if the established village does not have a local governing body.                                       
16 (j)  If the perimeter of an established village determined under (i) of this                                            
17 section includes an area that is within the perimeter of another established village, and                               
18 the other established village has not adopted a local option under (a) of this section,                                 
19       the local option does not apply in the overlapping area.                                                          
20 (k)  If the department determines that the perimeter of an established village                                          
21 determined under (i) of this section does not accurately reflect the perimeter of the                                   
22 established village, the department may establish the perimeter of the established                                      
23 village and the overlapping areas described under (j) of this section for purposes of                                   
24       applying a local option selected under this section.                                                              
25 (l)  If a majority of the voters vote to adopt a local option under (a) of this                                         
26 section or remove a local option under (c) of this section, the lieutenant governor shall                               
27 notify the department of the results of the election immediately after the results are                                  
28 certified.  The department shall immediately notify the Department of Law and the                                       
29       Department of Public Safety of the results of the election.                                                       
30    * Sec. 14. AS 18.35 is amended by adding a new section to read:                                                    
31            Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399,                                                  
01                 (1)  "business" means a for-profit or nonprofit sole proprietorship,                                    
02       partnership, joint venture, corporation, professional corporation, private club, retail                           
03       seller of goods or services, or other business entity;                                                            
04                 (2)  "commissioner" means the commissioner of health and social                                         
05       services or the commissioner's designee;                                                                          
06                 (3)  "department" means the Department of Health and Social Services;                                   
07 (4)  "e-cigarette" means any product containing or delivering nicotine                                                  
08 or any other substance intended for human consumption that can be used by a person                                      
09 through inhalation of vapor or aerosol from the product, of any size or shape, whether                                  
10 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-                              
11 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does                                   
12 not include drugs, devices, or combination products authorized for sale by the United                                   
13 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 -                                       
14 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate                                           
15       smoking or expose others to vapor or aerosol;                                                                     
16 (5)  "employee" means a person who is employed by a business for                                                        
17       compensation or works for a business as a volunteer without compensation;                                         
18 (6)  "employer" means the state, a municipality, a regional educational                                                 
19       attendance area, and a person or a business with one or more employees;                                           
20 (7)  "enclosed area" means space between a floor and a ceiling that is                                                  
21 bounded on two or more sides by a combination of walls, doorways, windows, or                                           
22 other physical barriers that may be open, partially open, closed, retractable, temporary,                               
23       or permanent;                                                                                                     
24 (8)  "established village" means an area that does not contain any part                                                 
25 of an incorporated city or another established village, that is an unincorporated                                       
26       community in the unorganized borough, and that has 25 or more permanent residents;                                
27 (9)  "health care facility" means an office or institution providing care                                               
28 or treatment for physical, mental, emotional, or other medical, dental, physiological, or                               
29 psychological diseases or conditions; private, municipal, or state hospital; independent                                
30 diagnostic testing facility; primary care outpatient facility; skilled nursing facility;                                
31 kidney disease treatment center, including freestanding hemodialysis units;                                             
01 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or                                      
02 Alaska Veterans' Home administered by the department under AS 47.55; long-term                                          
03 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in                            
04 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices                                    
05 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists,                                      
06 physicians, psychiatrists, or dentists or other professional health care providers to                                   
07       provide health care;                                                                                              
08  (10)  "place of employment" means work areas, private offices, hotel                                                   
09 and motel rooms, employee lounges, restrooms, conference rooms, classrooms,                                             
10 cafeterias, hallways, vehicles, and other employee work areas that are under the                                        
11       control of an employer;                                                                                           
12                 (11)  "public place" includes                                                                           
13 (A)  an area to which the public is invited or into which the                                                           
14            public is admitted;                                                                                          
15 (B)  a place where services, goods, or facilities are offered to                                                        
16            the public;                                                                                                  
17 (12)  "smoking" means using an e-cigarette or other oral smoking                                                        
18 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette,                                
19       pipe, or tobacco or plant product intended for inhalation.                                                      
20    * Sec. 15. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and                                
21 18.35.365 are repealed.                                                                                                 
22    * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to                         
23 read:                                                                                                                   
24 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321,                                                
25 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by                             
26 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act,                                  
27 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this                            
28 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 14 of                             
29 this Act, apply to violations or failures to comply that occur on or after the effective date of                        
30 secs. 2 - 12 and 14 of this Act.                                                                                        
31    * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to                         
01 read:                                                                                                                   
02 TRANSITION: REGULATIONS. The Department of Health and Social Services may                                               
03 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316,                                 
04 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as                             
05 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this                            
06 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11                               
07 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, AS 18.35.357 and 18.35.359,                               
08 added by sec. 13 of this Act, and AS 18.35.399, added by sec. 14 of this Act.  The regulations                          
09 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date                            
10 of the section being implemented.                                                                                       
11    * Sec. 18. Section 17 of this Act takes effect immediately under AS 01.10.070(c).                                  
12    * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect October 1, 2018.