Statewide Smoking Ban Gains Traction In Senate

Aaron Selbig

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     A proposal that would ban smoking in most public places in Alaska is making headway in the state Senate. Senate Bill 209 passed out of the Senate State Affairs Committee last week. The bill would ban smoking in office buildings, sports arenas, taxicabs, bars and restaurants, among other public places.

     Many places in Alaska, including Anchorage, Juneau and Bethel, already have similar bans. As a result of those bans, nearly half of Alaska’s population is already affected by a workplace smoking ban.

     Soldotna Senator Peter Micciche is the bill’s sponsor. He told the Senate State Affairs Committee Thursday that normally, he a “small government kind of guy.” In this case, however, he feels it’s appropriate for the government to get involved to protect the health of workers.

     "Just as it's appropriate for government to set safety standards in automobiles, electrical codes for wiring (and) requirements for infant and child carrier seats," he said.

     Micciche says the state takes on much of the economic costs associated with second-hand smoke, which he said kills more Alaskans each year than automobile accidents. He also made the point that second-class cities and unorganized boroughs in Alaska do not have the legal authority to enact their own smoking bans.

     But most importantly, Micciche said the issue is for him, a very personal one. He spoke about his father, who passed away from a smoking-related illness.

     "My father made his personal choices," said Micciche. "But my siblings and I didn't. I'm the lucky one of the three. They all had respiratory issues from living through second-hand smoke effects."

     Micciche said more than 400 businesses and organizations have signed on in support of his bill. Committee Chairman Fred Dyson said most of the comments his office has received about the bill have also been supportive of the state doing something.

     Larry Hackenmiller testified from Fairbanks on behalf of the Interior Cabaret, Hotel, Restaurant and Retailer’s Association. He said Fairbanks rejected a similar law. He also took issue with some of the numbers put forward about hazards related to second-hand smoke. 

     "There is no hazard to second-hand smoke in a workplace ... period," said Hackenmiller.

     Gary Superman owns the Hunger Hut bar in Nikiski. He called the smoking ban an infringement on his rights as a business owner. Superman described his bar as a "blue-collar tavern" that would be "irreparably harmed economically" by the ban.

     Kenai businessman John Parker spoke in favor of the proposed ban, saying it would “level the playing field” for business owners on the Kenai Peninsula who may be afraid that banning smoking would give a leg up to their competition. More importantly, Parker said that customers and employees have a fundamental right to smoke-free air.

     A couple of amendments have been proposed to the bill. One would include the use of e-cigarettes in the ban. The other would set up an appeal process for businesses who would like to “opt out.”

     The bill also provides an “opt out” clause for local municipalities, which would be granted only if a local election is held and a majority of voters choose to exempt themselves from the smoking ban.

     After nearly an hour of testimony, SB 209 passed out of the Senate State Affairs Committee.  It heads now to the Health and Social Services Committee. A companion bill is also working its way through the Alaska House.

 

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