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HB 252: "An Act relating to municipal regulation of smoking in certain places; relating to established villages and local option elections to prohibit smoking in public places; relating to citations for smoking; and providing for an effective date."

00                             HOUSE BILL NO. 252                                                                          
01 "An Act relating to municipal regulation of smoking in certain places; relating to                                      
02 established villages and local option elections to prohibit smoking in public places;                                   
03 relating to citations for smoking; and providing for an effective date."                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 18.35.341(a) is amended to read:                                                                   
06 (a)  A peace officer may issue a citation for a violation of AS 18.35.300, [OR]                                     
07 18.35.305, or a local option adopted under AS 18.35.359 committed in the officer's                                  
08 presence or for a violation of AS 18.35.330. The provisions of AS 12.25.175 -                                           
09       12.25.230 apply to the issuance of a citation under this subsection.                                              
10    * Sec. 2. 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 18.35.300 - 18.35.365 may issue a citation for a violation of                                      
13 AS 18.35.300, 18.35.305, [OR] 18.35.330, or a local option adopted under                                            
14 AS 18.35.359 regardless of whether the violation was committed in the employee's                                    
01 presence. A citation issued under this subsection shall be in the same form and shall be                                
02 processed in the same manner as a citation issued by a peace officer under (a) of this                                  
03 section. An employee of the department may not arrest a person for a violation of                                       
04 AS 18.35.300, 18.35.305, [OR] 18.35.330, or a local option adopted under                                            
05       AS 18.35.359.                                                                                                 
06    * Sec. 3. AS 18.35.341(c) is amended to read:                                                                      
07 (c)  A person who violates AS 18.35.300, 18.35.305, [OR] 18.35.330, or a                                            
08 local option adopted under AS 18.35.359 is guilty of a violation as defined in                                      
09 AS 11.81.900(b) and upon conviction is punishable by a fine of not less than $10 nor                                    
10 more than $50 for a violation of AS 18.35.300, [OR] 18.35.305, or a local option                                
11 adopted under AS 18.35.359 and by a fine of not less than $20 nor more than $300                                    
12 for a violation of AS 18.35.330. Each day a violation of AS 18.35.330 continues after                                   
13       a citation for the violation has been issued constitutes a separate violation.                                    
14    * Sec. 4. AS 18.35.341(d) is amended to read:                                                                      
15 (d)  The supreme court shall establish a schedule of bail amounts for violations                                        
16 of AS 18.35.300, 18.35.305, [AND] 18.35.330, and a local option adopted under                                       
17 AS 18.35.359, but in no event may the bail amount exceed the maximum fine that may                                  
18 be imposed for the violation under (c) of this section. The bail amount for a violation                                 
19       must appear on the citation.                                                                                      
20    * Sec. 5. AS 18.35 is amended by adding new sections to read:                                                      
21 Sec. 18.35.357. Municipal regulation. (a) A municipality may adopt and                                                
22 enforce an ordinance that places prohibitions or restrictions that are additional to or                                 
23 more strict than those required under AS 18.35.300 - 18.35.330 on smoking in or near                                    
24       workplaces or buildings that are open to the public.                                                            
25 (b)  If a municipality that is in the unorganized borough dissolves under                                               
26 AS 29.06.450(a) or (b), a prohibition or restriction on smoking adopted by the                                          
27 municipality under (a) of this section shall continue in effect as a local option under                                 
28 AS 18.35.359 for an established village having the same perimeter as the previous                                       
29       boundaries of the municipality.                                                                                   
30 Sec. 18.35.359. Local option election by an established village. (a) If a                                             
31 majority of the voters voting on the question vote to approve the option, an established                                
01       village shall exercise a local option to prohibit smoking in public places.                                       
02            (b)  A ballot question to adopt a local option under this section must at least                              
03       contain language substantially similar to the following: "Shall (name of village) adopt                           
04       a local option to prohibit smoking in public places? (yes or no)."                                                
05 (c)  If a majority of the voters voting on the question vote to remove the option,                                      
06 an established village shall remove a local option previously adopted under (a) of this                                 
07 section. The option is repealed effective the first day of the month following                                          
08       certification of the results of the election.                                                                     
09            (d)  A ballot question to remove a local option under (c) of this section must at                            
10 least contain language substantially similar to the following: "Shall (name of village)                                 
11 remove the local option currently in effect, that prohibits smoking in public places, so                                
12       that there is no longer any local option in effect? (yes or no)."                                                 
13 (e)  An election to adopt a local option under (a) of this section or remove a                                          
14       local option under (c) of this section shall be conducted as required in this section.                            
15 (f)  Upon receipt of a petition of 35 percent or more of the registered voters                                          
16 residing within an established village, the lieutenant governor shall place on a separate                               
17 ballot at a special election the local option or removal of local option that constitutes                               
18 the subject of the petition. The lieutenant governor shall conduct the election under                                   
19       AS 15.                                                                                                            
20 (g)  An election under (f) of this section to remove a local option may not be                                          
21 conducted during the first 24 months after the local option was adopted or more than                                    
22       once in a 36-month period.                                                                                        
23 (h)  After a petition has been certified as sufficient to meet the requirements of                                      
24 (f) of this section, another petition may not be filed or certified until after the question                            
25       presented in the first petition has been voted on.                                                                
26 (i)  Except as provided under (j) and (k) of this section, for purposes of this                                         
27 section, the perimeter of an established village is a circle around the established                                     
28 village that includes an area within a five-mile radius of the post office of the                                       
29 established village. If the established village does not have a post office, the perimeter                              
30 of an established village is a circle around the established village that includes an area                              
31 within a five-mile radius of another site selected by the local governing body or by the                                
01       department if the established village does not have a local governing body.                                       
02 (j)  If the perimeter of an established village determined under (i) of this                                            
03 section includes an area that is within the perimeter of another established village, and                               
04 the other established village has not adopted a local option under (a) of this section,                                 
05       the local option does not apply in the overlapping area.                                                          
06 (k)  If the department determines that the perimeter of an established village                                          
07 determined under (i) of this section does not accurately reflect the perimeter of the                                   
08 established village, the department may establish the perimeter of the established                                      
09 village and the overlapping areas described under (j) of this section for purposes of                                   
10       applying a local option selected under this chapter.                                                              
11 (l)  If a majority of the voters vote to adopt or remove a local option under (a)                                       
12 or (c) of this section, the lieutenant governor shall notify the department of the results                              
13 of the election immediately after the results are certified. The department shall                                       
14 immediately notify the Department of Law and the Department of Public Safety of the                                     
15       results of the election.                                                                                          
16    * Sec. 6. AS 18.35.365 is amended by adding new paragraphs to read:                                                
17                 (3)  "established village" means an area that does not contain any part                                 
18 of an incorporated city or another established village, that is an unincorporated                                       
19 community in the unorganized borough, and that has 25 or more permanent residents;                                      
20                 (4)  "public place" has the meaning given in AS 11.81.900(b).                                           
21    * Sec. 7. This Act takes effect January 1, 2019.