Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Legislative Summary

SB63—(workplaces, restaurants, and bars; local opt-out)—An Act prohibiting smoking in certain places—Heard in Rules Committee, substitute bill adopted, returned to Rules Committee

This bill prohibits smoking and the use of e-cigarettes in enclosed places of employment and public places including restaurants, bars, hotels/motels, and health care facilities. Smoking is not allowed in a number of outdoor locations including school grounds, in children’s playgrounds, within 10 feet of entrances to a bar or restaurant, and within 20 feet of entrances of other places required to be smokefree. The Rules Committee substitute bill allows e-cigarette use and marijuana in smokefree spaces, and allows local communities to opt out of the law.

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    Yes

Exemptions: Smoking is allowed in stand-alone tobacco retail and in e-cigarette stores that do not share a common mall entrance and are not in a strip mall with a childcare facility; a vehicle that is a place of employment when the vehicle is used exclusively by one person; on a vessel engaged in commercial fishing or sport charter fishing; a private residence except while a health care provider is present; in authorized smoking shelters; and in stand-alone licensed marijuana establishments if permitted by the Marijuana Control Board. Also, smoking is permitted in separate enclosed smoking area located in the Anchorage terminal for international passengers who are in transit and prohibited by law from leaving the airport if the smoking area is vented directly to an outdoor area.