HB 271: "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 BILL NO. 271 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 PURPOSE AND INTENT. (a) The purpose of this Act is to 09 (1) protect the citizens of this state from harmful secondhand smoke by 10 prohibiting smoking in certain places, but not prohibiting smoking in municipalities and 11 communities that have voted to permit smoking in certain places; and 12 (2) defer to local authority to regulate smoking by permitting local option 13 elections to allow smoking in certain places. 14 (b) It is the intent of the legislature that nothing in this Act is intended to alter
01 applicable law relating to liability of a manufacturer, dispenser, or other person for a cause of 02 action that may arise from smoking tobacco, e-cigarettes, or other oral smoking devices in an 03 enclosed area or to otherwise limit the state immunity from liability provided for in state law. 04 (c) In this section, "e-cigarette," "enclosed area," and "smoking" have the meanings 05 given to those terms in AS 18.35.399. 06 * Sec. 2. AS 18.35 is amended by adding new sections to read: 07 Article 4. Prohibition of Smoking in Certain Places. 08 Sec. 18.35.301. Prohibition of smoking. (a) Except where permitted by a 09 municipal ordinance adopted under AS 18.35.357 or a local option under 10 AS 18.35.359, an individual may not smoke in an enclosed area in a public place, 11 including an enclosed area 12 (1) at an entertainment venue or a sports arena; 13 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 14 public transportation; 15 (3) at a public transit depot, bus shelter, airport terminal, or other 16 public transportation facility; 17 (4) at a retail store or shopping center; 18 (5) at a place of government or public assembly located on property 19 that is owned or operated by the state, a municipality, or a regional educational 20 attendance area, or by an agent of the state, a municipality, or a regional educational 21 attendance area. 22 (b) Except where permitted by a municipal ordinance adopted under 23 AS 18.35.357 or a local option under AS 18.35.359, an individual may not smoke in 24 an enclosed area 25 (1) in an office building, office, hotel, motel, restaurant, bar, retail 26 store, or shopping center; 27 (2) in a common area in an apartment building or multiple-family 28 dwelling; 29 (3) in a place of employment, including a vehicle; 30 (4) at a public or private educational facility; 31 (5) at a health care facility, including residential units in the health care
01 facility; 02 (6) in a building or residence that is used to provide paid child care, 03 whether or not children are present in the building or residence, or care for adults on a 04 fee-for-service basis; however, nothing in this paragraph is intended to prohibit an 05 individual from smoking in a private residence that is in a building where another 06 residence provides paid child care or care for adults; 07 (7) on a vessel operating as a shore-based fisheries business under 08 AS 43.75. 09 (c) Except where permitted by a municipal ordinance adopted under 10 AS 18.35.357 or a local option under AS 18.35.359, an individual may not smoke 11 outdoors 12 (1) within 10 feet of playground equipment located at a public or 13 private school or a state or municipal park while children are present; 14 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 15 (3) at a place of employment or health care facility that has declared 16 the entire campus or outside grounds or property to be smoke-free; 17 (4) within 18 (A) 10 feet of an entrance to a bar or restaurant that serves 19 alcoholic beverages; 20 (B) 20 feet of an entrance, open window, or heating or 21 ventilation system air intake vent at an enclosed area at a place where smoking 22 is prohibited under this section; or 23 (C) a reasonable distance, as determined by the owner or 24 operator, of an entrance, open window, or heating or ventilation system air 25 intake vent of 26 (i) a vessel covered by this section; or 27 (ii) a long-term care facility as defined in AS 47.62.090. 28 (d) Notwithstanding (a) and (b) of this section, unless the owner or operator 29 prohibits it, an individual may smoke at a retail tobacco or e-cigarette store that 30 (1) is in a building that 31 (A) is freestanding; or
01 (B) if it is attached to another business or building, 02 (i) has a separate entrance; 03 (ii) has a ventilation system vented to an area where 04 smoking is not prohibited; 05 (iii) the other business or building does not serve as a 06 residence, child care facility, facility providing care for adults on a fee- 07 for-service basis, school, or health care facility; and 08 (iv) limits smoking to the use of an e-cigarette; 09 (2) is not a 10 (A) business that is licensed under AS 04.11 to serve alcoholic 11 beverages at an outdoor location; 12 (B) business that is licensed under AS 05.15 to sell pull-tabs; or 13 (C) retail store that is within an indoor public place or 14 workplace. 15 (e) Notwithstanding (a) and (b) of this section, an individual may smoke in a 16 separate enclosed smoking area located in an airport if the smoking area is vented 17 directly to an outdoor area that is not an area where smoking is prohibited under (c) of 18 this section. 19 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 20 it, an individual may smoke 21 (1) in a vehicle that is a place of employment when the vehicle is used 22 exclusively by one person; 23 (2) on a vessel when the vessel is engaged in commercial fishing or 24 sport charter fishing. 25 (g) Notwithstanding (a) and (b) of this section, an individual may smoke at 26 (1) a private club if the private club 27 (A) has been in continuous operation at the same location since 28 January 1, 2018; 29 (B) is not licensed to serve alcoholic beverages; and 30 (C) is not a place of employment; 31 (2) an e-cigarette store if the e-cigarette store has been in continuous
01 operation at the same location since January 1, 2018. 02 (h) Nothing in this section prohibits an individual from smoking 03 (1) at a private residence, except a private residence described in (b) of 04 this section or while a health care provider is present; 05 (2) in a stand-alone shelter if the stand-alone shelter meets the 06 following requirements: 07 (A) food or drink may not be sold or served in the stand-alone 08 shelter; and 09 (B) the stand-alone shelter meets the minimum distance 10 requirements of (c) of this section; or 11 (3) in an establishment licensed under AS 17.38 that is freestanding if 12 the smoking is in accordance with regulations adopted by the Marijuana Control 13 Board created under AS 17.38.080. 14 (i) In this section, 15 (1) "freestanding" means a building that is not supported by another 16 structure and does not share ventilation or internal air space with an adjoining 17 structure and smoke from the building cannot travel into the adjoining structure; 18 (2) "health care provider" has the meaning given in AS 09.65.300; 19 (3) "private club" means an organization, legal entity, or informal 20 association of persons that 21 (A) is the owner, lessee, or occupant of a building or portion of 22 a building used exclusively for club purposes at all times; 23 (B) is operated solely for a recreational, fraternal, social, 24 patriotic, political, benevolent, or athletic purpose; and 25 (C) has been granted exemption from the payment of federal 26 income tax as a club under 26 U.S.C. 501; 27 (4) "retail tobacco or e-cigarette store" 28 (A) means a store 29 (i) that primarily sells cigarettes, e-cigarettes, cigars, 30 tobacco and products containing tobacco, and pipes and other smoking 31 or e-cigarette accessories;
01 (ii) in which the sale of other products is incidental; and 02 (iii) that derives at least 90 percent of its gross revenue 03 from the sale of cigarettes, e-cigarettes, cigars, tobacco and products 04 containing tobacco, and pipes and other smoking or e-cigarette 05 accessories; 06 (B) does not include a 07 (i) tobacco or e-cigarette department or section of a 08 business that does not meet the criteria in (A) of this paragraph; or 09 (ii) business that is also a restaurant or grocery store. 10 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 11 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 12 display in the place or vehicle a sign that 13 (1) reads "Smoking Prohibited by Law--Fine $50"; 14 (2) includes the international symbol for no smoking; or 15 (3) includes the words "No Puffin" with a pictorial representation of a 16 puffin holding a burning cigarette enclosed in a red circle crossed with a red bar. 17 (b) A person in charge of a building at which smoking is prohibited within a 18 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 19 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 20 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 21 the building. 22 (c) The department shall furnish signs required under this section to a person 23 who requests them with the intention of displaying them. 24 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 25 may not permit an employee, customer, or other person to smoke inside an enclosed 26 area at a place of employment. 27 (b) The owner, operator, manager, or other person who manages a building or 28 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 29 or other smoking accessories for use in that building or place. 30 (c) An employer may not require an employee, customer, or other person to 31 enter a stand-alone shelter as described in AS 18.35.301(h) for a purpose other than
01 smoking. 02 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 03 commissioner 04 (1) shall administer and enforce the requirements of AS 18.35.301 - 05 18.35.399; 06 (2) may adopt regulations under AS 44.62 (Administrative Procedure 07 Act) necessary to carry out the duties under this section. 08 (b) In addition to other powers granted the commissioner under AS 18.35.301 09 - 18.35.399, the commissioner may delegate to another agency the authority to 10 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 11 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 12 employers, property owners, property operators, and other members of the public are 13 provided ongoing access to 14 (1) a program of education regarding the requirements in AS 18.35.301 15 - 18.35.399; 16 (2) an electronically published printable brochure that summarizes the 17 requirements in AS 18.35.301 - 18.35.399. 18 (b) The program of education under (a) of this section may be provided in 19 combination with the comprehensive smoking education, tobacco use prevention, and 20 tobacco control program established in AS 44.29.020(a)(14). 21 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 22 other manner retaliate against an employee because the employee cooperates with or 23 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 24 (b) The owner or operator of a vehicle or other place that is subject to a 25 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 26 member of the public for cooperating with or initiating enforcement of a requirement 27 in AS 18.35.301 - 18.35.399. 28 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 29 - 18.35.399 prohibits a municipality from adopting an ordinance imposing additional 30 (1) limitations on smoking; 31 (2) duties on employers, owners, operators, and other persons who are
01 subject to the requirements of AS 18.35.306 or 18.35.311 related to smoking; or 02 (3) limitations on smoking in an outdoor area at a municipal park 03 designated as a children's playground. 04 * Sec. 3. AS 18.35.340(a) is amended to read: 05 (a) The commissioner shall develop and maintain a procedure for processing 06 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 07 [AS 18.35.300, 18.35.305, AND 18.35.330]. 08 * Sec. 4. AS 18.35.340(b) is amended to read: 09 (b) If, after investigating a report made under this section, the commissioner 10 determines that a violation has occurred, (1) the commissioner may file a civil 11 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399 12 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 13 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 14 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 15 department issues a citation, the violation shall be processed and disposed of under 16 AS 18.35.341. 17 * Sec. 5. AS 18.35.340(c) is amended to read: 18 (c) A person who violates AS 18.35.301 [AS 18.35.300 OR 18.35.305] and 19 against whom the commissioner has filed a civil complaint under this section is 20 punishable by a civil fine of [NOT LESS THAN $10 NOR MORE THAN] $50. A 21 person who violates AS 18.35.306 or 18.35.311 [AS 18.35.330] and against whom the 22 commissioner has filed a civil complaint under this section is punishable by a civil 23 fine of not less than $50 [$20] nor more than $300. Each day a violation of 24 AS 18.35.306 or 18.35.311 [AS 18.35.330] continues after a civil complaint for the 25 violation has been filed and served on the defendant constitutes a separate violation. A 26 person who violates AS 18.35.326 and against whom the commissioner has filed a 27 civil complaint under this section is punishable by a civil fine of not more than 28 $500. 29 * Sec. 6. AS 18.35.341(a) is amended to read: 30 (a) A peace officer may issue a citation for a violation of AS 18.35.301, 31 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's
01 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 02 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 03 * Sec. 7. AS 18.35.341(b) is amended to read: 04 (b) An employee of the department designated by the commissioner to enforce 05 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 06 citation for a 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] regardless of whether the violation was 08 committed in the employee's presence. A citation issued under this subsection shall be 09 in the same form and shall be processed in the same manner as a citation issued by a 10 peace officer under (a) of this section. An employee of the department may not arrest a 11 person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 12 [AS 18.35.300, 18.35.305, OR 18.35.330]. 13 * Sec. 8. AS 18.35.341(c) is amended to read: 14 (c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 15 [AS 18.35.300, 18.35.305, OR 18.35.330] is guilty of a violation as defined in 16 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN 17 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, [AS 18.35.300 OR 18 18.35.305 AND] by a fine of not less than $50 [$20] nor more than $300 for a 19 violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a 20 violation of AS 18.35.326 [AS 18.35.330]. Each day a violation of AS 18.35.306 and 21 18.35.311 [AS 18.35.330] continues after a citation for the violation has been issued 22 constitutes a separate violation. 23 * Sec. 9. AS 18.35.341(d) is amended to read: 24 (d) The supreme court shall establish a schedule of bail amounts for violations 25 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 26 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 27 may be imposed for the violation under (c) of this section. The bail amount for a 28 violation must appear on the citation. 29 * Sec. 10. AS 18.35.342 is amended to read: 30 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 31 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326
01 [AS 18.35.300, 18.35.305, OR 18.35.330]. 02 * Sec. 11. AS 18.35.343 is amended to read: 03 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 04 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 05 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 06 * Sec. 12. AS 18.35.350 is amended to read: 07 Sec. 18.35.350. Enforcement authority. The commissioner or the 08 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 09 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 10 peace officers. 11 * Sec. 13. AS 18.35 is amended by adding new sections to read: 12 Sec. 18.35.357. Municipal regulation. A municipality may, by ordinance 13 ratified by voters in a regular municipal election, exempt the municipality from the 14 provisions of AS 18.35.301 - 18.35.350. 15 Sec. 18.35.359. Local option election by an established village. (a) If a 16 majority of the voters voting on the question vote to approve the option, AS 18.35.301 17 - 18.35.350 do not apply within the boundaries of the established village. 18 (b) A ballot question to adopt a local option under this section must at least 19 contain language substantially similar to the following: "Shall (name of village) adopt 20 a local option not to comply with AS 18.35.301 - 18.35.350, relating to smoking in 21 certain public places? (yes or no)." 22 (c) If a majority of the voters voting on the question vote to remove the option, 23 an established village shall remove a local option previously adopted under (a) of this 24 section. The option is repealed effective the first day of the month following 25 certification of the results of the election. 26 (d) A ballot question to remove a local option under (c) of this section must at 27 least contain language substantially similar to the following: "Shall (name of village) 28 remove the local option currently in effect, that permits smoking in public places, so 29 that there is no longer any local option in effect? (yes or no)." 30 (e) An election to adopt a local option under (a) of this section or remove a 31 local option under (c) of this section shall be conducted as required in this section.
01 (f) Upon receiving a petition of 35 percent or more of the registered voters 02 residing within an established village, the lieutenant governor shall place on a separate 03 ballot at a special election the local option or removal of local option that constitutes 04 the subject of the petition. The lieutenant governor shall conduct the election under 05 AS 15. 06 (g) An election under (f) of this section to remove a local option may not be 07 conducted during the first 24 months after the local option was adopted or more than 08 once in a 36-month period. 09 (h) After a petition has been certified as sufficient to meet the requirements of 10 (f) of this section, another petition may not be filed or certified until after the question 11 presented in the first petition has been voted on. 12 (i) Except as provided under (j) and (k) of this section, for purposes of this 13 section, the perimeter of an established village is a circle around the established 14 village that includes an area within a five-mile radius of the post office of the 15 established village. If the established village does not have a post office, the perimeter 16 of an established village is a circle around the established village that includes an area 17 within a five-mile radius of another site selected by the local governing body or by the 18 department if the established village does not have a local governing body. 19 (j) If the perimeter of an established village determined under (i) of this 20 section includes an area that is within the perimeter of another established village, and 21 the other established village has not adopted a local option under (a) of this section, 22 the local option does not apply in the overlapping area. 23 (k) If the department determines that the perimeter of an established village 24 determined under (i) of this section does not accurately reflect the perimeter of the 25 established village, the department may establish the perimeter of the established 26 village and the overlapping areas described under (j) of this section for purposes of 27 applying a local option selected under this section. 28 (l) If a majority of the voters vote to adopt a local option under (a) of this 29 section or remove a local option under (c) of this section, the lieutenant governor shall 30 notify the department of the results of the election immediately after the results are 31 certified. The department shall immediately notify the Department of Law and the
01 Department of Public Safety of the results of the election. 02 * Sec. 14. AS 18.35 is amended by adding a new section to read: 03 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 04 (1) "business" means a for-profit or nonprofit sole proprietorship, 05 partnership, joint venture, corporation, professional corporation, private club, retail 06 seller of goods or services, or other business entity; 07 (2) "commissioner" means the commissioner of health and social 08 services or the commissioner's designee; 09 (3) "department" means the Department of Health and Social Services; 10 (4) "e-cigarette" means any product containing or delivering nicotine 11 or any other substance intended for human consumption that can be used by a person 12 through inhalation of vapor or aerosol from the product, of any size or shape, whether 13 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- 14 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does 15 not include drugs, devices, or combination products authorized for sale by the United 16 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 17 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate 18 smoking or expose others to vapor or aerosol; 19 (5) "employee" means a person who is employed by a business for 20 compensation or works for a business as a volunteer without compensation; 21 (6) "employer" means the state, a municipality, a regional educational 22 attendance area, or a person or a business with one or more employees; 23 (7) "enclosed area" means space between a floor and a ceiling that is 24 bounded on two or more sides by a combination of walls, doorways, windows, or 25 other physical barriers that may be open, partially open, closed, retractable, temporary, 26 or permanent; 27 (8) "established village" means an area that does not contain any part 28 of an incorporated city or another established village, that is an unincorporated 29 community in the unorganized borough, and that has 25 or more permanent residents; 30 (9) "health care facility" means an office or institution providing care 31 or treatment for physical, mental, emotional, or other medical, dental, physiological, or
01 psychological diseases or conditions; private, municipal, or state hospital; independent 02 diagnostic testing facility; primary care outpatient facility; skilled nursing facility; 03 kidney disease treatment center, including freestanding hemodialysis units; 04 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 05 Alaska Veterans' Home administered by the department under AS 47.55; long-term 06 care facility; psychiatric hospital; residential psychiatric treatment center, as defined in 07 AS 18.07.111 or AS 47.32.900, and other facilities, places of employment, or offices 08 operated for use by doctors, nurses, surgeons, chiropractors, physical therapists, 09 physicians, psychiatrists, or dentists or other professional health care providers to 10 provide health care; 11 (10) "place of employment" means work areas, private offices, hotel 12 and motel rooms, employee lounges, restrooms, conference rooms, classrooms, 13 cafeterias, hallways, vehicles, and other employee work areas that are under the 14 control of an employer; 15 (11) "public place" includes 16 (A) an area to which the public is invited or into which the 17 public is admitted; 18 (B) a place where services, goods, or facilities are offered to 19 the public; 20 (12) "smoking" means using an e-cigarette or other oral smoking 21 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 22 pipe, or tobacco or plant product intended for inhalation. 23 * Sec. 15. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 24 18.35.365 are repealed. 25 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 28 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by 29 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act, 30 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this 31 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 14 of
01 this Act, apply to violations or failures to comply that occur on or after the effective date of 02 secs. 2 - 12 and 14 of this Act. 03 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. The Department of Health and Social Services may 06 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 07 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as 08 amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this 09 Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 10 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, AS 18.35.357 and 18.35.359, 11 added by sec. 13 of this Act, and AS 18.35.399, added by sec. 14 of this Act. The regulations 12 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 13 of the section being implemented. 14 * Sec. 18. Section 17 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect October 1, 2018.