00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1 01 "An Act prohibiting smoking in certain places; relating to education on the smoking 02 prohibition; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 18.35 is amended by adding new sections to read: 05 Article 4. Prohibition of Smoking in Certain Places.  06 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an 07 enclosed area in a public place, including an enclosed area 08 (1) at an entertainment venue or a sports arena; 09 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 10 public transportation; 11 (3) at a public transit depot, bus shelter, airport terminal, or other 12 public transportation facility; 13 (4) at a retail store or shopping center; 14 (5) at a place of government or public assembly located on property 01 that is owned or operated by the state, a municipality, or a regional educational 02 attendance area, or by an agent of the state, a municipality, or a regional educational 03 attendance area. 04 (b) Smoking is prohibited in an enclosed area in the following places: 05 (1) at an office building, office, hotel, motel, restaurant, bar, retail 06 store, or common area in an apartment building or multiple-family dwelling; 07 (2) in a place of employment; 08 (3) in a building or residence that is used to provide paid child care, 09 whether or not children are present in the building or residence; 10 (4) at a health care facility; 11 (5) in a vehicle that is a place of employment; 12 (6) at a public or private educational facility; 13 (7) in a residence at which the care of adults is provided on a fee-for- 14 service basis; 15 (8) at a residence in a health care facility, hotel, or motel; 16 (9) on a marine vessel operating as a shore-based fisheries business 17 under AS 43.75. 18 (c) Smoking is prohibited outdoors 19 (1) at an area located at a public or private school or a state or 20 municipal park that is primarily designated as a place for children to play; 21 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 22 (3) within 23 (A) 50 feet of an entrance to a health care facility; 24 (B) 10 feet of an entrance to a bar or restaurant that serves 25 alcoholic beverages; 26 (C) 20 feet of an entrance, open window, or heating or 27 ventilation system air intake vent at an enclosed area at a place where smoking 28 is prohibited under this section; or 29 (D) a reasonable distance of an entrance, open window, or 30 heating or ventilation system air intake vent on a marine vessel covered by this 31 section as determined by the vessel owner or operator in charge. 01 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 02 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail 03 tobacco or e-cigarette store" 04 (1) means a retail store 05 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 06 and products containing tobacco, and pipes and other smoking or e-cigarette 07 accessories; 08 (B) in which the sale of other products is incidental; 09 (C) that derives at least 90 percent of its gross revenue from the 10 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 11 and pipes and other smoking or e-cigarette accessories; and 12 (D) that is a freestanding building not attached to another 13 business or to a residence; 14 (2) does not include 15 (A) a tobacco or e-cigarette department or section of a business 16 that does not meet the criteria in (1) of this subsection; 17 (B) a business that is also a restaurant or grocery store; 18 (C) a business that is licensed under AS 04.11 to serve 19 alcoholic beverages at an outdoor location; 20 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 21 (E) a business that is licensed under AS 43.70.075 to sell 22 tobacco but that does not meet the requirements of this subsection; or 23 (F) a retail store that is within an indoor public place or 24 workplace. 25 (e) Notwithstanding (b) of this section, unless the owner or operator prohibits 26 it, smoking is allowed 27 (1) in a vehicle that is a place of employment when the vehicle is used 28 exclusively by one person; 29 (2) on a marine vessel when the vessel is engaged in commercial 30 fishing or sport charter fishing. 31 (f) Nothing in this section prohibits smoking at 01 (1) a private club that does not serve alcoholic beverages and is not a 02 place of employment, unless the private club is hosting an event that is open to the 03 public; in this paragraph, "private club" means a building or portion of a building used 04 only for a recreational, fraternal, social, patriotic, political, benevolent, or athletic 05 purpose by one organization that has been granted an exemption from the payment of 06 federal income tax as a club under 26 U.S.C. 501 (Internal Revenue Code); 07 (2) a private residence, except a private residence described in (b) of 08 this section. 09 (g) Notwithstanding (b) of this section, the department may adopt regulations 10 authorizing smoking in a stand-alone shelter. At a minimum, the regulations must 11 provide 12 (1) that no food or drink be sold in the stand-alone shelter; 13 (2) that at least 50 percent of one side of the shelter be completely 14 open to the outside; and 15 (3) for minimum distance requirements consistent with (c) of this 16 section. 17 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 18 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 19 display in the place or vehicle a sign that 20 (1) reads "Smoking Prohibited by Law--Maximum Fine $100"; and 21 (2) includes the international symbol for no smoking or the words "No 22 Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a 23 burning cigarette enclosed in a red circle crossed with a red bar. 24 (b) A person in charge of a building at which smoking is prohibited within a 25 specific distance from the entrance of the building under AS 18.35.301(c) shall 26 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 27 Entrance Prohibited by Law--Maximum Fine $100" visible from the outside of each 28 entrance to the building. 29 (c) The department shall furnish signs required under this section to a person 30 who requests them with the intention of displaying them. 31 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 01 may not permit an employee, customer, or other person to smoke inside an enclosed 02 area at a place of employment. 03 (b) The owner, operator, manager, or other person who manages a building or 04 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 05 or other smoking accessories for use in that building or place. 06 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 07 commissioner shall 08 (1) administer and enforce the requirements of AS 18.35.301 - 09 18.35.399; 10 (2) adopt regulations under AS 44.62 (Administrative Procedure Act) 11 necessary to carry out the duties under this section. 12 (b) In addition to other powers granted the commissioner under AS 18.35.301 13 - 18.35.399, the commissioner may delegate to another agency the authority to 14 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 15 (c) Nothing in this section limits the authority of a peace officer to enforce the 16 provisions of AS 18.35.301 - 18.35.399. 17 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 18 employers, property owners, property operators, and other members of the public are 19 provided ongoing access to 20 (1) a program of education regarding the requirements in AS 18.35.301 21 - 18.35.399; 22 (2) an electronically published printable brochure that summarizes the 23 requirements in AS 18.35.301 - 18.35.399. 24 (b) The program of education under (a) of this section may be provided in 25 combination with the comprehensive smoking education, tobacco use prevention, and 26 tobacco control program established in AS 44.29.020(a)(14).  27 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge, refuse to 28 hire, or in any other manner retaliate against an employee or applicant for employment 29 because the employee or applicant cooperates with or initiates enforcement of a 30 requirement in AS 18.35.301 - 18.35.399. 31 (b) The owner or operator of a vehicle or other place that is subject to a 01 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 02 member of the public for cooperating with or initiating enforcement of a requirement 03 in AS 18.35.301 - 18.35.399. 04 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 05 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 06 (1) additional limitations on smoking; or 07 (2) additional duties on employers, owners, operators, and other 08 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 09 smoking. 10 Sec. 18.35.336. Violations and civil penalties. (a) The commissioner shall 11 adopt by regulation procedures for filing, processing, and investigating reports of 12 violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. 13 (b) If, after investigating a report made under this section, the commissioner 14 determines that a violation has occurred, the commissioner may 15 (1) file a civil complaint in the district court to enforce the provisions 16 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326; or 17 (2) issue a citation under AS 18.35.346(b). 18 (c) A person who violates AS 18.35.301 and against whom the commissioner 19 has filed a civil complaint under this section is punishable by a civil penalty of not 20 more than $100. 21 (d) A person who fails to comply with a duty imposed on that person by 22 AS 18.35.306 or 18.35.311 and against whom the commissioner has filed a civil 23 complaint under this section is punishable by a civil penalty of not more than 24 (1) $100 for a first failure to comply; 25 (2) $200 for a second failure to comply that occurs within 24 months 26 after the date the person was fined for a first failure to comply; 27 (3) $500 for each failure to comply that occurs within 24 months after 28 the date the person was fined for a second failure to comply. 29 (e) A person who violates AS 18.35.326 and against whom the commissioner 30 has filed a civil complaint under this section is punishable by a civil penalty of not 31 more than $1,000. 01 (f) The department may provide for the payment of a civil penalty under this 02 section by mail. 03 Sec. 18.35.346. Citations; fines. (a) A peace officer may issue a citation for a 04 violation of AS 18.35.301 committed in the officer's presence or for a violation of 05 AS 18.35.306, 18.35.311, or 18.35.326. The provisions of AS 12.25.175 - 12.25.230 06 apply to the issuance of a citation under this subsection. 07 (b) An employee of the department designated by the commissioner to enforce 08 the provisions of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 may issue a 09 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 regardless 10 of whether the violation was committed in the employee's presence. A citation issued 11 under this subsection shall be in the same form and shall be processed in the same 12 manner as a citation issued by a peace officer under (a) of this section. An employee 13 of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306, 14 18.35.311, or 18.35.326. 15 (c) A person who violates AS 18.35.301 as alleged in a citation under (a) or 16 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and upon 17 conviction is punishable by a fine of not more than $100 for each violation. 18 (d) A person who fails to comply with a duty imposed on that person by 19 AS 18.35.306 or 18.35.311 as alleged in a citation under (a) or (b) of this section is 20 guilty of a violation as defined in AS 11.81.900(b) and punishable by a fine of not 21 more than 22 (1) $100 for a first failure to comply; 23 (2) $200 for a second failure to comply that occurs within 24 months 24 after the date the person was fined under this section for a first failure to comply; 25 (3) $500 for each failure to comply that occurs within 24 months after 26 the date the person was fined under this section for a second failure to comply. 27 (e) A person who violates AS 18.35.326 as alleged in a citation under (a) or 28 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and 29 punishable by a fine of not more than $1,000 for each violation. 30 (f) The supreme court shall establish a schedule of bail amounts for violations 31 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail 01 amount exceed the maximum fine that may be imposed for the violation under (c) - (e) 02 of this section. The bail amount for a violation must appear on the citation. 03 (g) If a person cited for a violation under this section does not contest the 04 citation, the person may, on or before the 30th day after the date of the citation, mail 05 or personally deliver to the clerk of the court in which the citation is filed 06 (1) the amount of bail indicated on the citation for that violation; and 07 (2) a copy of the citation indicating that the right to an appearance is 08 waived, a plea of no contest is entered, and the bail is forfeited. 09 (h) When bail has been forfeited under (g) of this section, a judgment of 10 conviction shall be entered. Forfeiture of bail is a complete satisfaction for the 11 violation. The clerk of the court accepting the bail shall provide the violator with a 12 receipt stating that fact if requested. 13 (i) A person cited under this section is guilty of failure to obey a citation under 14 AS 12.25.230 if the person fails to pay the bail amount established under (f) of this 15 section or fails to appear in court as required. 16 Sec. 18.35.351. Injunctions. The commissioner or another affected party may 17 bring a civil action in the superior court to enjoin a violation of AS 18.35.301, 18 18.35.306, 18.35.311, or 18.35.326. 19 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 20 (1) "business" means a for-profit or nonprofit sole proprietorship, 21 partnership, joint venture, corporation, professional corporation, private club, retail 22 seller of goods or services, or other business entity; 23 (2) "commissioner" means the commissioner of health and social 24 services or the commissioner's designee; 25 (3) "department" means the Department of Health and Social Services; 26 (4) "e-cigarette" means an electronic device that uses a heating 27 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a 28 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other 29 lighted or heated tobacco or plant product intended for inhalation; 30 (5) "employee" means a person who is employed by a business for 31 compensation or works for a business as a volunteer without compensation; 01 (6) "employer" means the state, a municipality, a regional educational 02 attendance area, and a person or a business with one or more employees; 03 (7) "enclosed area" means space between a floor and a ceiling that is 04 bounded on two or more sides by a combination of walls, doorways, windows, or 05 other physical barriers that may be open, partially open, closed, retractable, temporary, 06 or permanent; 07 (8) "health care facility" means an office or institution providing care 08 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 09 psychological diseases or conditions; a private, municipal, or state hospital; 10 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 11 facility; kidney disease treatment center, including freestanding hemodialysis units; 12 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 13 Alaska Veterans' Home administered by the Department of Health and Social Services 14 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 15 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 16 places of employment or offices operated for use by doctors, nurses, surgeons, 17 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 18 professional health care providers to provide health care; 19 (9) "place of employment" means work areas, private offices, hotel and 20 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 21 hallways, vehicles, and other employee work areas that are under the control of an 22 employer; 23 (10) "public place" includes 24 (A) an area to which the public is invited or into which the 25 public is admitted; 26 (B) a place where services, goods, or facilities are offered to 27 the public; 28 (11) "smoking" means using an e-cigarette or other oral smoking 29 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 30 pipe, or tobacco or plant product intended for inhalation. 31  * Sec. 2. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341, 01 18.35.342, 18.35.343, 18.35.350, 18.35.355, and 18.35.365 are repealed. 02  * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 05 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by sec. 1 of this 06 Act, apply to violations or failures to comply that occur on or after the effective date of sec. 1 07 of this Act. 08  * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION; REGULATIONS. The Department of Health and Social Services may 11 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 12 18.35.321, 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by 13 sec. 1 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 14 but not before the effective date of sec. 1 of this Act. 15  * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 16  * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect October 1, 2015.