2019 Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 35. Public Accommodations and Facilities
Article 3. Prohibition of Smoking.
Sec. 18.35.359. Local option election by an established village.
(a) If a majority of the voters voting on the question vote to approve the option, AS 18.35.301 - 18.35.350 do not apply within the boundaries of the established village and former AS 18.35.300 - 18.35.365 apply in the village as those statutes provided on September 30, 2018.
(b) A ballot question to adopt a local option under this section must at least contain language substantially similar to the following: “Shall (name of village) adopt a local option not to comply with AS 18.35.301 - 18.35.350, relating to smoking in certain public places? (yes or no).”
(c) If a majority of the voters voting on the question vote to remove the option, an established village shall remove a local option previously adopted under (a) of this section. The option is repealed effective the first day of the month following certification of the results of the election.
(d) A ballot question to remove a local option under (c) of this section must at least contain language substantially similar to the following: “Shall (name of village) remove the local option currently in effect, that permits smoking in certain public places, so that there is no longer any local option in effect? (yes or no).”
(e) An election to adopt a local option under (a) of this section or remove a local option under (c) of this section shall be conducted as required in this section.
(f) Upon receiving a petition of 35 percent or more of the registered voters residing within an established village, the lieutenant governor shall place on a separate ballot at a special election the local option or removal of a local option that constitutes the subject of the petition. The lieutenant governor shall conduct the election under AS 15.
(g) An election under (f) of this section to remove a local option may not be conducted during the first 24 months after the local option was adopted or more than once in a 36-month period.
(h) After a petition has been certified as sufficient to meet the requirements of (f) of this section, another petition may not be filed or certified until after the question presented in the first petition has been voted on.
(i) Except as provided under (j) and (k) of this section, for purposes of this section, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If the established village does not have a post office, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of another site selected by the local governing body or by the department if the established village does not have a local governing body.
(j) If the perimeter of an established village determined under (i) of this section includes an area that is within the perimeter of another established village, and the other established village has not adopted a local option under (a) of this section, the local option does not apply in the overlapping area.
(k) If the department determines that the perimeter of an established village determined under (i) of this section does not accurately reflect the perimeter of the established village, the department may establish the perimeter of the established village and the overlapping areas described under (j) of this section for purposes of applying a local option selected under this section.
(l) If a majority of the voters vote to adopt a local option under (a) of this section or remove a local option under (c) of this section, the lieutenant governor shall notify the department of the results of the election immediately after the results are certified. The department shall immediately notify the Department of Law and the Department of Public Safety of the results of the election.
