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.