CSSSSB 1(FIN): "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1(FIN) 01 "An Act prohibiting smoking in certain places; relating to education on the smoking 02 prohibition; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. 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 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 building or residence that is the site of a business at which the 14 care of adults is provided on a fee-for-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) at a place of employment or health care facility that has declared 23 the entire campus or outside grounds or property to be smoke-free; 24 (4) within 25 (A) 10 feet of an entrance to a bar or restaurant that serves 26 alcoholic beverages; 27 (B) 20 feet of an entrance, open window, or heating or 28 ventilation system air intake vent at an enclosed area at a place where smoking 29 is prohibited under this section; or 30 (C) a reasonable distance of an entrance, open window, or 31 heating or ventilation system air intake vent on a marine vessel covered by this
01 section as determined by the vessel owner or operator in charge. 02 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 03 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail 04 tobacco or e-cigarette store" 05 (1) means a retail store 06 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 07 and products containing tobacco, and pipes and other smoking or e-cigarette 08 accessories; 09 (B) in which the sale of other products is incidental; 10 (C) that derives at least 90 percent of its gross revenue from the 11 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 12 and pipes and other smoking or e-cigarette accessories; and 13 (D) that is a freestanding building not attached to another 14 business or to a residence; 15 (2) does not include 16 (A) a tobacco or e-cigarette department or section of a business 17 that does not meet the criteria in (1) of this subsection; 18 (B) a business that is also a restaurant or grocery store; 19 (C) a business that is licensed under AS 04.11 to serve 20 alcoholic beverages at an outdoor location; 21 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 22 (E) a business that is licensed under AS 43.70.075 to sell 23 tobacco but that does not meet the requirements of this subsection; or 24 (F) a retail store that is within an indoor public place or 25 workplace. 26 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 27 separate enclosed smoking area located in a terminal for international passengers who 28 are in transit in a state-owned and state-operated international airport and who are 29 restricted by federal law from leaving the airport, if the smoking area is vented directly 30 to an outdoor area that is not an area where smoking is prohibited under (c) of this 31 section.
01 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 02 it, smoking is allowed 03 (1) in a vehicle that is a place of employment when the vehicle is used 04 exclusively by one person; 05 (2) on a marine vessel when the vessel is engaged in commercial 06 fishing or sport charter fishing or is otherwise used as a place of employment. 07 (g) Nothing in this section prohibits smoking 08 (1) at a private residence, except a private residence described in (b) of 09 this section; or 10 (2) in a stand-alone shelter if the stand-alone shelter meets the 11 following requirements: 12 (A) food or drink may not be sold in the stand-alone shelter; 13 (B) at least 50 percent of one side of the shelter is completely 14 open to the outside; and 15 (C) the stand-alone shelter meets the minimum distance 16 requirements in (c) of this 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--Fine $50"; 21 (2) includes the international symbol for no smoking; or 22 (3) includes the words "No Puffin" with a pictorial representation of a 23 Horned Puffin or Tufted Puffin holding a burning cigarette enclosed in a red circle 24 crossed with a red bar. 25 (b) A person in charge of a building at which smoking is prohibited within a 26 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 27 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 28 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 29 the building. 30 (c) The department shall furnish signs required under this section to a person 31 who requests them with the intention of displaying them.
01 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 02 may not permit an employee, customer, or other person to smoke inside an enclosed 03 area at a place of employment. 04 (b) The owner, operator, manager, or other person who manages a building or 05 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 06 or other smoking accessories for use in that building or place. 07 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 08 commissioner 09 (1) shall administer and enforce the requirements of AS 18.35.301 - 10 18.35.399; 11 (2) may adopt regulations under AS 44.62 (Administrative Procedure 12 Act) necessary to carry out the duties under this section. 13 (b) In addition to other powers granted the commissioner under AS 18.35.301 14 - 18.35.399, the commissioner may delegate to another agency the authority to 15 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 16 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 17 employers, property owners, property operators, and other members of the public are 18 provided ongoing access to 19 (1) a program of education regarding the requirements in AS 18.35.301 20 - 18.35.399; 21 (2) an electronically published printable brochure that summarizes the 22 requirements in AS 18.35.301 - 18.35.399. 23 (b) The commissioner shall consult with the Department of Health and Social 24 Services 25 (1) to achieve compliance by employers, property owners, property 26 operators, and other members of the public with the requirements of AS 18.35.301 - 27 18.35.399; 28 (2) to provide the program of education as required under (a) of this 29 section; the program of education may be provided in combination with the 30 comprehensive smoking education, tobacco use prevention, and tobacco control 31 program established in AS 44.29.020(a)(14).
01 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 02 other manner retaliate against an employee because the employee cooperates with or 03 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 04 (b) The owner or operator of a vehicle or other place that is subject to a 05 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 06 member of the public for cooperating with or initiating enforcement of a requirement 07 in AS 18.35.301 - 18.35.399. 08 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 09 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 10 (1) additional limitations on smoking; or 11 (2) additional duties on employers, owners, operators, and other 12 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 13 smoking. 14 * Sec. 2. AS 18.35.340(a) is amended to read: 15 (a) The commissioner shall develop and maintain a procedure for processing 16 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 17 [AS 18.35.300, 18.35.305, AND 18.35.330]. 18 * Sec. 3. AS 18.35.340(b) is amended to read: 19 (b) If, after investigating a report made under this section, the commissioner 20 determines that a violation has occurred, (1) the commissioner may file a civil 21 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 22 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 23 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 24 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 25 department issues a citation, the violation shall be processed and disposed of under 26 AS 18.35.341. 27 * Sec. 4. AS 18.35.340(c) is amended to read: 28 (c) A person who violates AS 18.35.301, 18.35.311, or 18.35.326 29 [AS 18.35.300 OR 18.35.305] and against whom the commissioner has filed a civil 30 complaint under this section is punishable by a civil fine of [NOT LESS THAN $10 31 NOR MORE THAN] $50. A person who violates AS 18.35.306 [AS 18.35.330] and
01 against whom the commissioner has filed a civil complaint under this section is 02 punishable by a civil fine of not less than $50 [$20] nor more than $300. Each day a 03 violation of AS 18.35.306 [AS 18.35.330] continues after a civil complaint for the 04 violation has been filed and served on the defendant constitutes a separate violation. 05 * Sec. 5. AS 18.35.341(a) is amended to read: 06 (a) A peace officer may issue a citation for a violation of AS 18.35.301, 07 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's 08 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 09 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 10 * Sec. 6. AS 18.35.341(b) is amended to read: 11 (b) An employee of the department designated by the commissioner to enforce 12 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 13 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 14 [AS 18.35.300, 18.35.305, OR 18.35.330] regardless of whether the violation was 15 committed in the employee's presence. A citation issued under this subsection shall be 16 in the same form and shall be processed in the same manner as a citation issued by a 17 peace officer under (a) of this section. An employee of the department may not arrest a 18 person for a 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. 7. AS 18.35.341(c) is amended to read: 21 (c) A person who violates 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] is guilty of a violation as defined in 23 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN 24 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, 18.35.311, or 25 18.35.326 [AS 18.35.300 OR 18.35.305] and by a fine of not less than $50 [$20] nor 26 more than $300 for a violation of AS 18.35.306 [AS 18.35.330]. Each day a violation 27 of AS 18.35.306 [AS 18.35.330] continues after a citation for the violation has been 28 issued constitutes a separate violation. 29 * Sec. 8. AS 18.35.341(d) is amended to read: 30 (d) 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 [AS 18.35.300, 18.35.305,
01 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 02 may be imposed for the violation under (c) of this section. The bail amount for a 03 violation must appear on the citation. 04 * Sec. 9. AS 18.35.342 is amended to read: 05 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 06 than once for each violation of 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]. 08 * Sec. 10. AS 18.35.343 is amended to read: 09 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 10 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 11 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 12 * Sec. 11. AS 18.35.350 is amended to read: 13 Sec. 18.35.350. Enforcement authority. The commissioner or the 14 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 15 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 16 peace officers. 17 * Sec. 12. AS 18.35 is amended by adding a new section to read: 18 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 19 (1) "business" means a for-profit or nonprofit sole proprietorship, 20 partnership, joint venture, corporation, professional corporation, private club, retail 21 seller of goods or services, or other business entity; 22 (2) "commissioner" means the commissioner of environmental 23 conservation or the commissioner's designee; 24 (3) "department" means the Department of Environmental 25 Conservation; 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. 13. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and
01 18.35.365 are repealed. 02 * Sec. 14. 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, and 18.35.331, added by sec. 1 of this Act, AS 18.35.340(a) - (c), as amended by 06 secs. 2 - 4 of this Act, AS 18.35.341(a) - (d), as amended by secs. 5 - 8 of this Act, 07 AS 18.35.342, as amended by sec. 9 of this Act, AS 18.35.343, as amended by sec. 10 of this 08 Act, AS 18.35.350, as amended by sec. 11 of this Act, and AS 18.35.399, added by sec. 12 of 09 this Act, apply to violations or failures to comply that occur on or after the effective date of 10 secs. 1 - 12 of this Act. 11 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION; REGULATIONS. The Department of Environmental Conservation 14 may adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 15 18.35.316, 18.35.321, 18.35.326, and 18.35.331, added by sec. 1 of this Act, AS 18.35.340(a) 16 - (c), as amended by secs. 2 - 4 of this Act, AS 18.35.341(a) - (d), as amended by secs. 5 - 8 of 17 this Act, AS 18.35.342, as amended by sec. 9 of this Act, AS 18.35.343, as amended by sec. 18 10 of this Act, AS 18.35.350, as amended by sec. 11 of this Act, and AS 18.35.399, added by 19 sec. 12 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure 20 Act), but not before the effective date of the section being implemented. 21 * Sec. 16. Section 15 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect October 1, 2016.