CSHB 328(HSS): "An Act prohibiting smoking in certain places; relating to education on the smoking prohibition; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 328(HSS) 01 "An Act prohibiting smoking in certain places; relating to education on the smoking 02 prohibition; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature that nothing in this Act is 07 intended to alter applicable law relating to liability of a manufacturer, dispenser, or other 08 person for a cause of action that may arise from smoking tobacco, e-cigarettes, or other oral 09 smoking devices in an enclosed area or to otherwise limit the state immunity from liability 10 provided for in state law. In this section, "e-cigarette," "enclosed area," and "smoking" have 11 the meanings given to those terms in AS 18.35.399. 12 * Sec. 2. AS 18.35 is amended by adding new sections to read: 13 Article 4. Prohibition of Smoking in Certain Places. 14 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an
01 enclosed area in a public place, including an enclosed area 02 (1) at an entertainment venue or a sports arena; 03 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for 04 public transportation; 05 (3) at a public transit depot, bus shelter, airport terminal, or other 06 public transportation facility; 07 (4) at a retail store or shopping center; 08 (5) at a place of government or public assembly located on property 09 that is owned or operated by the state, a municipality, or a regional educational 10 attendance area, or by an agent of the state, a municipality, or a regional educational 11 attendance area. 12 (b) Smoking is prohibited in an enclosed area 13 (1) at an office building, office, hotel, motel, restaurant, bar, retail 14 store, or common area in an apartment building or multiple-family dwelling; 15 (2) in a place of employment; 16 (3) in a building or residence that is used to provide paid child care, 17 whether or not children are present in the building or residence; 18 (4) at a health care facility; 19 (5) in a vehicle that is a place of employment; 20 (6) at a public or private educational facility; 21 (7) in a building or residence that is the site of a business at which the 22 care of adults is provided on a fee-for-service basis; 23 (8) at a residence in a health care facility, hotel, or motel; 24 (9) on a vessel operating as a shore-based fisheries business under 25 AS 43.75. 26 (c) Smoking is prohibited outdoors 27 (1) at an area located at a public or private school or a state or 28 municipal park that is designated as a place for children to play; 29 (2) in a seating area for an outdoor arena, stadium, or amphitheater; 30 (3) at a place of employment or health care facility that has declared 31 the entire campus or outside grounds or property to be smoke-free;
01 (4) within 02 (A) 10 feet of an entrance to a bar or restaurant that serves 03 alcoholic beverages; 04 (B) 20 feet of an entrance, open window, or heating or 05 ventilation system air intake vent at an enclosed area at a place where smoking 06 is prohibited under this section; or 07 (C) a reasonable distance of an entrance, open window, or 08 heating or ventilation system air intake vent on a vessel covered by this section 09 as determined by the vessel owner or operator in charge. 10 (d) Notwithstanding (a) of this section, unless the owner or operator prohibits 11 it, smoking is allowed at a retail tobacco or e-cigarette store. In this subsection, "retail 12 tobacco or e-cigarette store" 13 (1) means a retail store 14 (A) that sells primarily cigarettes, e-cigarettes, cigars, tobacco 15 and products containing tobacco, and pipes and other smoking or e-cigarette 16 accessories; 17 (B) in which the sale of other products is incidental; 18 (C) that derives at least 90 percent of its gross revenue from the 19 sale of cigarettes, e-cigarettes, cigars, tobacco and products containing tobacco, 20 and pipes and other smoking or e-cigarette accessories; and 21 (D) that is a freestanding building not attached to another 22 business or to a residence; 23 (2) does not include 24 (A) a tobacco or e-cigarette department or section of a business 25 that does not meet the criteria in (1) of this subsection; 26 (B) a business that is also a restaurant or grocery store; 27 (C) a business that is licensed under AS 04.11 to serve 28 alcoholic beverages at an outdoor location; 29 (D) a business that is licensed under AS 05.15 to sell pull-tabs; 30 (E) a business that is licensed under AS 43.70.075 to sell 31 tobacco but that does not meet the requirements of this subsection; or
01 (F) a retail store that is within an indoor public place or 02 workplace. 03 (e) Notwithstanding (a) and (b) of this section, smoking may be permitted in a 04 separate enclosed smoking area located in a terminal for international passengers who 05 are in transit in a state-owned and state-operated international airport and who are 06 restricted by federal law from leaving the airport, if the smoking area is vented directly 07 to an outdoor area that is not an area where smoking is prohibited under (c) of this 08 section. 09 (f) Notwithstanding (b) of this section, unless the owner or operator prohibits 10 it, smoking is allowed 11 (1) in a vehicle that is a place of employment when the vehicle is used 12 exclusively by one person; 13 (2) on a vessel when the vessel is engaged in commercial fishing or 14 sport charter fishing or is otherwise used as a place of employment. 15 (g) Nothing in this section prohibits smoking 16 (1) at a private residence, except a private residence described in (b) of 17 this section; 18 (2) in a stand-alone shelter if the stand-alone shelter meets the 19 following requirements: 20 (A) food or drink may not be sold in the stand-alone shelter; 21 (B) at least 50 percent of one side of the shelter is completely 22 open to the outside; and 23 (C) the stand-alone shelter meets the minimum distance 24 requirements of (c) of this section; or 25 (3) in an establishment licensed under AS 17.38 that is a freestanding 26 building. 27 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place 28 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously 29 display in the place or vehicle a sign that 30 (1) reads "Smoking Prohibited by Law--Fine $50"; 31 (2) includes the international symbol for no smoking; or
01 (3) includes the words "No Puffin" with a pictorial representation of a 02 Horned Puffin or Tufted Puffin holding a burning cigarette enclosed in a red circle 03 crossed with a red bar. 04 (b) A person in charge of a building at which smoking is prohibited within a 05 specific distance from the entrance of the building under AS 18.35.301(c)(4) shall 06 conspicuously display a sign that reads "Smoking within (number of feet) Feet of 07 Entrance Prohibited by Law--Fine $50" visible from the outside of each entrance to 08 the building. 09 (c) The department shall furnish signs required under this section to a person 10 who requests them with the intention of displaying them. 11 Sec. 18.35.311. Duty of employers and building managers. (a) An employer 12 may not permit an employee, customer, or other person to smoke inside an enclosed 13 area at a place of employment. 14 (b) The owner, operator, manager, or other person who manages a building or 15 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays 16 or other smoking accessories for use in that building or place. 17 Sec. 18.35.316. Powers and duties of the commissioner. (a) The 18 commissioner 19 (1) shall administer and enforce the requirements of AS 18.35.301 - 20 18.35.399; 21 (2) may adopt regulations under AS 44.62 (Administrative Procedure 22 Act) necessary to carry out the duties under this section. 23 (b) In addition to other powers granted the commissioner under AS 18.35.301 24 - 18.35.399, the commissioner may delegate to another agency the authority to 25 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399. 26 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that 27 employers, property owners, property operators, and other members of the public are 28 provided ongoing access to 29 (1) a program of education regarding the requirements in AS 18.35.301 30 - 18.35.399; 31 (2) an electronically published printable brochure that summarizes the
01 requirements in AS 18.35.301 - 18.35.399. 02 (b) The commissioner shall consult with the Department of Health and Social 03 Services 04 (1) to achieve compliance by employers, property owners, property 05 operators, and other members of the public with the requirements of AS 18.35.301 - 06 18.35.399; 07 (2) to provide the program of education as required under (a) of this 08 section; the program of education may be provided in combination with the 09 comprehensive smoking education, tobacco use prevention, and tobacco control 10 program established in AS 44.29.020(a)(14). 11 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge or in any 12 other manner retaliate against an employee because the employee cooperates with or 13 initiates enforcement of a requirement in AS 18.35.301 - 18.35.399. 14 (b) The owner or operator of a vehicle or other place that is subject to a 15 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other 16 member of the public for cooperating with or initiating enforcement of a requirement 17 in AS 18.35.301 - 18.35.399. 18 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301 19 - 18.35.399 prohibits a municipality from adopting an ordinance imposing 20 (1) additional limitations on smoking; or 21 (2) additional duties on employers, owners, operators, and other 22 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to 23 smoking. 24 * Sec. 3. AS 18.35.340(a) is amended to read: 25 (a) The commissioner shall develop and maintain a procedure for processing 26 reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 27 [AS 18.35.300, 18.35.305, AND 18.35.330]. 28 * Sec. 4. AS 18.35.340(b) is amended to read: 29 (b) If, after investigating a report made under this section, the commissioner 30 determines that a violation has occurred, (1) the commissioner may file a civil 31 complaint in the district court to enforce the provisions of AS 18.35.301 - 18.35.399
01 [AS 18.35.300 - 18.35.365]; or (2) an employee of the department designated by the 02 commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 03 18.35.365] may issue a citation under AS 18.35.341(b). If an employee of the 04 department issues a citation, the violation shall be processed and disposed of under 05 AS 18.35.341. 06 * Sec. 5. AS 18.35.340(c) is amended to read: 07 (c) A person who violates AS 18.35.301, 18.35.311, or 18.35.326 08 [AS 18.35.300 OR 18.35.305] and against whom the commissioner has filed a civil 09 complaint under this section is punishable by a civil fine of [NOT LESS THAN $10 10 NOR MORE THAN] $50. A person who violates AS 18.35.306 [AS 18.35.330] 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 $50 [$20] nor more than $300. Each day a 13 violation of AS 18.35.306 [AS 18.35.330] continues after a civil complaint for the 14 violation has been filed and served on the defendant constitutes a separate violation. 15 * Sec. 6. AS 18.35.341(a) is amended to read: 16 (a) A peace officer may issue a citation for a violation of AS 18.35.301, 17 18.35.311, or 18.35.326 [AS 18.35.300 OR 18.35.305] committed in the officer's 18 presence or for a violation of AS 18.35.306 [AS 18.35.330]. The provisions of 19 AS 12.25.175 - 12.25.230 apply to the issuance of a citation under this subsection. 20 * Sec. 7. AS 18.35.341(b) is amended to read: 21 (b) An employee of the department designated by the commissioner to enforce 22 the provisions of AS 18.35.301 - 18.35.399 [AS 18.35.300 - 18.35.365] may issue a 23 citation for a 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] regardless of whether the violation was 25 committed in the employee's presence. A citation issued under this subsection shall be 26 in the same form and shall be processed in the same manner as a citation issued by a 27 peace officer under (a) of this section. An employee of the department may not arrest a 28 person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 29 [AS 18.35.300, 18.35.305, OR 18.35.330]. 30 * Sec. 8. AS 18.35.341(c) is amended to read: 31 (c) A person who violates 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] is guilty of a violation as defined in 02 AS 11.81.900(b) and upon conviction is punishable by a fine of [NOT LESS THAN 03 $10 NOR MORE THAN] $50 for a violation of AS 18.35.301, 18.35.311, or 04 18.35.326 [AS 18.35.300 OR 18.35.305] and by a fine of not less than $50 [$20] nor 05 more than $300 for a violation of AS 18.35.306 [AS 18.35.330]. Each day a violation 06 of AS 18.35.306 [AS 18.35.330] continues after a citation for the violation has been 07 issued constitutes a separate violation. 08 * Sec. 9. AS 18.35.341(d) is amended to read: 09 (d) The supreme court shall establish a schedule of bail amounts for violations 10 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326 [AS 18.35.300, 18.35.305, 11 AND 18.35.330], but in no event may the bail amount exceed the maximum fine that 12 may be imposed for the violation under (c) of this section. The bail amount for a 13 violation must appear on the citation. 14 * Sec. 10. AS 18.35.342 is amended to read: 15 Sec. 18.35.342. Multiple fines prohibited. A person may not be fined more 16 than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 17 [AS 18.35.300, 18.35.305, OR 18.35.330]. 18 * Sec. 11. AS 18.35.343 is amended to read: 19 Sec. 18.35.343. Injunctions. The commissioner or any affected party may 20 institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 21 18.35.306, 18.35.311, or 18.35.326 [AS 18.35.300, 18.35.305, or 18.35.330]. 22 * Sec. 12. AS 18.35.350 is amended to read: 23 Sec. 18.35.350. Enforcement authority. The commissioner or the 24 commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 - 25 18.35.399 [AS 18.35.300 - 18.35.365]. This section does not limit the authority of 26 peace officers. 27 * Sec. 13. AS 18.35 is amended by adding a new section to read: 28 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399, 29 (1) "business" means a for-profit or nonprofit sole proprietorship, 30 partnership, joint venture, corporation, professional corporation, private club, retail 31 seller of goods or services, or other business entity;
01 (2) "commissioner" means the commissioner of environmental 02 conservation or the commissioner's designee; 03 (3) "department" means the Department of Environmental 04 Conservation; 05 (4) "e-cigarette" means any product containing or delivering nicotine 06 or any other substance intended for human consumption that can be used by a person 07 through inhalation of vapor or aerosol from the product, of any size or shape, whether 08 the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e- 09 pipe, e-hookah, vape pen, or any other product name or descriptor; "e-cigarette" does 10 not include drugs, devices, or combination products authorized for sale by the United 11 States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 - 12 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate 13 smoking or expose others to vapor or aerosol; 14 (5) "employee" means a person who is employed by a business for 15 compensation or works for a business as a volunteer without compensation; 16 (6) "employer" means the state, a municipality, a regional educational 17 attendance area, and a person or a business with one or more employees; 18 (7) "enclosed area" means space between a floor and a ceiling that is 19 bounded on two or more sides by a combination of walls, doorways, windows, or 20 other physical barriers that may be open, partially open, closed, retractable, temporary, 21 or permanent; 22 (8) "health care facility" means an office or institution providing care 23 or treatment for physical, mental, emotional, or other medical, dental, physiological, or 24 psychological diseases or conditions; private, municipal, or state hospital; independent 25 diagnostic testing facility; primary care outpatient facility; skilled nursing facility; 26 kidney disease treatment center, including freestanding hemodialysis units; 27 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 28 Alaska Veterans' Home administered by the Department of Health and Social Services 29 under AS 47.55; long-term care facility; psychiatric hospital; residential psychiatric 30 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities, 31 places of employment, or offices operated for use by doctors, nurses, surgeons,
01 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other 02 professional health care providers to provide health care; 03 (9) "place of employment" means work areas, private offices, hotel and 04 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias, 05 hallways, vehicles, and other employee work areas that are under the control of an 06 employer; 07 (10) "public place" includes 08 (A) an area to which the public is invited or into which the 09 public is admitted; 10 (B) a place where services, goods, or facilities are offered to 11 the public; 12 (11) "smoking" means using an e-cigarette or other oral smoking 13 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, 14 pipe, or tobacco or plant product intended for inhalation. 15 * Sec. 14. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.355, and 16 18.35.365 are repealed. 17 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321, 20 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) - (c), as amended by 21 secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of this Act, 22 AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 11 of this 23 Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by sec. 13 of 24 this Act, apply to violations or failures to comply that occur on or after the effective date of 25 secs. 2 - 13 of this Act. 26 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION; REGULATIONS. The Department of Environmental Conservation 29 may adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 30 18.35.316, 18.35.321, 18.35.326, and 18.35.331, added by sec. 2 of this Act, AS 18.35.340(a) 31 - (c), as amended by secs. 3 - 5 of this Act, AS 18.35.341(a) - (d), as amended by secs. 6 - 9 of
01 this Act, AS 18.35.342, as amended by sec. 10 of this Act, AS 18.35.343, as amended by sec. 02 11 of this Act, AS 18.35.350, as amended by sec. 12 of this Act, and AS 18.35.399, added by 03 sec. 13 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure 04 Act), but not before the effective date of the section being implemented. 05 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 06 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect October 1, 2016.