HomeMy WebLinkAboutResolution No. 2015-12i
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Suggested by: Mayor
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RESOLUTION NO. 2015 -12
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS.
ALASKA STATE SENATE BILL 1, AN ACT PROHIBITING SMOKING
PLACES, AND RELATING TO EDUCATION ON THE SMOKING PRC
WHEREAS, Senate Bill 1 seeks to safeguard working Alaskans d their children from
the adverse health effects of secondhand smoke by providing statewide smoke -free
workplace for businesses and public places; and,
WHEREAS, Alaska's workers and their families have the ght to breathe smoke -free
air; and,
WHEREAS, the documented public health risks of
supports legislative action to protect Alaska's labor
appropriate governmental responsibility; and, /
WHEREAS, current law already prohibits s
the state, as well as in healthcare facilities,
meeting rooms in government buildings ; a
WHEREAS, over one -half of the
municipalities which currently
to Senate Bill 1; and,
WHEREAS, Senate Bill 1 does i
areas near building entrances/
public gathering places as deflt
i hand smoke exposure
force and their families as an
in the workplace in many areas of
childcare facilities, and public
of the State of Alaska reside in
I laws and ordinances substantially similar
prohibit outdoor smoking except within certain
s, air intakes, and other specifically designated
by statute.
NOW, THEREFORE, BE 7 RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Cou 5eiil supports Alaska State Senate Bill 1, an act prohibiting
smoking in certain pl es, and relating to education on the smoking prohibition.
PASSED BY THE "UNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March,
2015. /
n
Modigh, City Clerk
PAT PORTER, MAYOR
"'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �d
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 II I I I
1997
MEMO:
TO: City Council
FROM: Rick Koch
DATE: February 26, 2015
SUBJECT: Resolution 2015 -12, Supporting Alaska State Senate Bill 1, An Act
Prohibiting Smoking in Certain Public Places and Relating to
Education on the Smoking Prohibition
The purpose of this correspondence is to submit for Council consideration and action the above
referenced resolution.
Included in the provided information is a Sponsor's Statement from Senator Micciche speaking
to the bill.
If you have any questions, please contact me at your earliest convenience.
SESSION ADDRESS:
Alaska State Capitol, Pin. 514
Juneau, Alaska 99801 -1182
Phone: (907) 465-2828
Fax: (907) 465-4779
Toll Free: (800) 964 -5733
Revised February 10, 2015
Senate Peter A. Micciche
Alaska State Legislature
SSSB 1 Sponsor Statement
Regulation of smoking
INTERIM ADDRES;
1.45 Main Street Loop, Suit #2:
Kenai, Alaska 99611-77
Phone: (907) 283-795
Fax: (907)283 -81:
Toll Free: (800) 964 -57:
SSSB 1 seeks to safeguard working Alaskans and their children from the adverse health effects of
secondhand smoke by providing a statewide smoke -free workplace law for businesses and public places.
As a conservative Alaskan, I actively support a philosophy that works to limit the role of government in
our daily lives. I process each legislative decision through a litmus test of whether the result falls under
an appropriate role of government. In this case, we believe that both the right to breathe smoke -free air
and the significant, documented public health risks of second hand smoke exposure compel us to view
the protection of Alaska's labor force and their families as an appropriate governmental responsibility.
Similar comparisons include the government role in establishing speed limits, seat belt laws, motor
vehicle design safety improvements, electrical codes, pipeline safety laws and agency responsibilities
ensuring industrial employee safety regulations. As judicial philosopher Zechariah Chafee said in the
Harvard Law Review in 1919, "Your right to swing your arm ends just where the other man's nose
begins ". SSSB 1 helps to protect the rights of Alaskans who choose not to smoke.
Current law prohibits smoking in the workplace in many areas of the state, as well as in healthcare
facilities, schools, childcare facilities and public meeting rooms in government buildings. Over
one -half of the population of Alaska including those in Bethel, Anchorage, Juneau, Barrow, Dillingham,
Haines, Skagway, Petersburg, Klawock, Nome, Unalaska, and Palmer are currently living under
smoke -free laws similar to SSSB 1. These laws are well established and strongly supported by citizens
and businesses. For Alaskans residing in the remaining areas of the state, SSSB 1 offers a uniformly
applied safeguard from second hand smoke that is currently not available.
SSSB 1 does not prohibit outdoor smoking, except within certain areas near building entrances /exits, air
intakes, and other specifically designated public gathering places as defined in the statute. The bill
does not legislate hiring or employment of smokers or non - smokers. Local governments with adequate
jurisdiction retain the authority to adopt more restrictive local provisions than the statewide law
(e.g., provisions specific to local public gathering places or events). Free - standing tobacco shops
are excluded from the bill.
Why is a conservative willing to take on this issue? The reason is simply to protect the rights of
the non - smoker, save lives and reduce the staggering health costs of secondhand exposure to
tobacco use. The 2012 Alaska Division of Public Health report, Alaska Tobacco Facts, found
more Alaskans die annually from the direct effects of tobacco use than from suicide, motor
vehicle crashes, chronic liver disease and cirrhosis, homicide, and HIV /AIDS combined.
The annual economic loss to Alaskans because of secondhand smoke is estimated to be in the
millions of dollars, with an estimated 60 lives lost each year. Nationally, exposure to secondhand
smoke kills more than 41,000 adult non - smokers from coronary heart disease and lung cancer
each year. Many Alaskan families, including mine, continue to be adversely affected. My
children prematurely lost their grandfather and I lost my father in November of 2013. My
siblings suffer from the early childhood effects of secondhand smoke.
SSSB 1 does not remove the right of the smoker to choose to smoke. Rather, it limits a smoker's
ability to adversely affect the health of Alaska's non - smoking employees. In other words, the
bill simply asks smokers to "take it outside" in an effort to protect Alaskan employees.
More than eight hundred Alaskan businesses and organizations representing all regions of the
state have already signed on in support of a statewide smoke -free workplace law. Through SSSB
1, we believe it is time to have this discussion. I urge fellow members to join me in protecting
the health of innocent, non - smoking Alaskans by supporting this bill.
Staff Contact: Chuck Kopp (907)465 -3792
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SPONSOR SUBSTITUTE FOR SENATE BILL NO.1
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY -NINTH LEGISLATURE - FIRST SESSION
BY SENATORS MICCICHE, McGuire, Costello, Bishop, Stevens, Meyer, Olson, Ellis, Gardner, Iloffman
Introduced: 1/30/15
Referred: Health and Social Services, State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act prohibiting smoking in certain places; relating to education on the smoking
2 prohibition; and providing for an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 18.35 is amended by adding new sections to read:
5 Article 4. Prohibition of Smoking in Certain Places.
6 Sec. 18.35.301. Prohibition of smoking. (a) Smoking is prohibited in an
7 enclosed area in a public place, including an enclosed area
8 (1) at an entertainment venue or a sports arena;
9 (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for
10 public transportation;
11 (3) at a public transit depot, bus shelter, airport terminal, or other
12 public transportation facility;
13 (4) at a retail store or shopping center;
14 (5) at a place of government or public assembly located on property
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1 that is owned or operated by the state, a municipality, or a regional educational
2 attendance area, or by an agent of the state, a municipality, or a regional educational
3 attendance area.
4 (b) Smoking is prohibited in an enclosed area in the following places:
5 (1) at an office building, office, hotel, motel, restaurant, bar, retail
6 store, or common area in an apartment building or multiple - family dwelling;
7
(2)
in a place of employment;
8
(3)
in a building or residence that is used to provide paid child care,
9
whether or not children
are present in the building or residence;
10
(4)
at a health care facility;
11
(5)
in a vehicle that is a place of employment;
12
(6)
at a public or private educational facility;
13
(7)
in a residence at which the care of adults is provided on a fee -for-
14 service basis;
15 (8) at a residence in a health care facility, hotel, or motel;
16 (9) on a marine vessel operating as a shore -based fisheries business
17 under AS 43.75.
18 (c) Smoking is prohibited outdoors
19 (1) at an area located at a public or private school or a state or
20 municipal park that is primarily designated as a place for children to play;
21 (2) in a seating area for an outdoor arena, stadium, or amphitheater;
22 (3) within
23 (A) 50 feet of an entrance to a health care facility;
24 (B) 10 feet of an entrance to a bar or restaurant that serves
25 alcoholic beverages;
26 (C) 20 feet of an entrance, open window, or heating or
27 ventilation system air intake vent at an enclosed area at a place where smoking
28 is prohibited under this section; or
29 (D) a reasonable distance of an entrance, open window, or
30 heating or ventilation system air intake vent on a marine vessel covered by this
31 section as determined by the vessel owner or operator in charge.
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I (d) Notwithstanding (a) of this section, unless the owner or operator prohibits
2 it, smoking is allowed at a retail tobacco or e- cigarette store. In this subsection, "retail
3 tobacco or e- cigarette store"
4 (1) means a retail store
5 (A) that sells primarily cigarettes, e- cigarettes, cigars, tobacco
6 and products containing tobacco, and pipes and other smoking or e- cigarette
7 accessories;
8 (B) in which the sale of other products is incidental;
9 (C) that derives at least 90 percent of its gross revenue from the
10 sale of cigarettes, e- cigarettes, cigars, tobacco and products containing tobacco,
11 and pipes and other smoking or e- cigarette accessories; and
12 (D) that is a freestanding building not attached to another
13 business or to a residence;
14 (2) does not include
15 (A) a tobacco or e- cigarette department or section of a business
16 that does not meet the criteria in (1) of this subsection;
17 (B) a business that is also a restaurant or grocery store;
18 (C) a business that is licensed under AS 04.11 to serve
19 alcoholic beverages at an outdoor location;
20 (D) a business that is licensed under AS 05.15 to sell pull -tabs;
21 (E) a business that is licensed under AS 43.70.075 to sell
22 tobacco but that does not meet the requirements of this subsection; or
23 (F) a retail store that is within an indoor public place or
24 workplace.
25 (e) Notwithstanding (b) of this section, unless the owner or operator prohibits
26 it, smoking is allowed
27 (1) in a vehicle that is a place of employment when the vehicle is used
28 exclusively by one person;
29 (2) on a marine vessel when the vessel is engaged in commercial
30 fishing or sport charter fishing.
31 (f) Nothing in this section prohibits smoking at
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1 (1) a private club that does not serve alcoholic beverages and is not a
2 place of employment, unless the private club is hosting an event that is open to the
3 public; in this paragraph, "private club" means a building or portion of a building used
4 only for a recreational, fraternal, social, patriotic, political, benevolent, or athletic
5 purpose by one organization that has been granted an exemption from the payment of
6 federal income tax as a club under 26 U.S.C. 501 (Internal Revenue Code);
7 (2) a private residence, except a private residence described in (b) of
8 this section.
9 (g) Notwithstanding (b) of this section, the department may adopt regulations
10 authorizing smoking in a stand -alone shelter. At a minimum, the regulations must
11 provide
12 (1) that no food or drink be sold in the stand -alone shelter;
13 (2) that at least 50 percent of one side of the shelter be completely
14 open to the outside; and
15 (3) for minimum distance requirements consistent with (c) of this
16 section.
17 Sec. 18.35.306. Notice of prohibition. (a) A person who is in charge of a place
18 or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously
19 display in the place or vehicle a sign that
20 (1) reads "Smoking Prohibited by Law -- Maximum Fine $100 "; and
21 (2) includes the international symbol for no smoking or the words "No
22 Puffin" with a pictorial representation of a Horned Puffin or Tufted Puffin holding a
23 burning cigarette enclosed in a red circle crossed with a red bar.
24 (b) A person in charge of a building at which smoking is prohibited within a
25 specific distance from the entrance of the building under AS 18.35.301(c) shall
26 conspicuously display a sign that reads "Smoking within (number of feet) Feet of
27 Entrance Prohibited by Law -- Maximum Fine $100" visible from the outside of each
28 entrance to the building.
29 (c) The department shall furnish signs required under this section to a person
30 who requests them with the intention of displaying them.
31 Sec. 18.35.311. Duty of employers and building managers. (a) An employer
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1 may not permit an employee, customer, or other person to smoke inside an enclosed
2 area at a place of employment.
3 (b) The owner, operator, manager, or other person who manages a building or
4 other place where smoking is prohibited under AS 18.35.301 may not provide ashtrays
5 or other smoking accessories for use in that building or place.
6 Sec. 18.35.316. Powers and duties of the commissioner. (a) The
7 commissioner shall
8 (1) administer and enforce the requirements of AS 18.35.301 -
9 18.35.399;
10 (2) adopt regulations under AS 44.62 (Administrative Procedure Act)
11 necessary to carry out the duties under this section.
12 (b) In addition to other powers granted the commissioner under AS 18.35.301
13 - 18.35.399, the commissioner may delegate to another agency the authority to
14 implement and enforce one or more provisions of AS 18.35.301 - 18.35.399.
15 (c) Nothing in this section limits the authority of a peace officer to enforce the
16 provisions of AS 18.35.301 - 18.35.399.
17 Sec. 18.35.321. Public education. (a) The commissioner shall ensure that
18 employers, property owners, property operators, and other members of the public are
19 provided ongoing access to
20 (1) a program of education regarding the requirements in AS 18.35.301
21 - 18.35.399;
22 (2) an electronically published printable brochure that summarizes the
23 requirements in AS 18.35.301 - 18.35.399.
24 (b) The program of education under (a) of this section may be provided in
25 combination with the comprehensive smoking education, tobacco use prevention, and
26 tobacco control program established in AS 44.29.020(a)(14).
27 Sec. 18.35.326. Nonretaliation. (a) An employer may not discharge, refuse to
28 hire, or in any other manner retaliate against an employee or applicant for employment
29 because the employee or applicant cooperates with or initiates enforcement of a
30 requirement in AS 18.35.301 - 18.35.399.
31 (b) The owner or operator of a vehicle or other place that is subject to a
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1 requirement in AS 18.35.301 - 18.35.399 may not retaliate against a customer or other
2 member of the public for cooperating with or initiating enforcement of a requirement
3 in AS 18.35.301 - 18.35.399.
4 Sec. 18.35.331. Conflicts with local requirements. Nothing in AS 18.35.301
5 - 18.35.399 prohibits a municipality from adopting an ordinance imposing
6 (1) additional limitations on smoking; or
7 (2) additional duties on employers, owners, operators, and other
8 persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to
9 smoking.
10 Sec. 18.35.336. Violations and civil penalties. (a) The commissioner shall
11 adopt by regulation procedures for filing, processing, and investigating reports of
12 violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326.
13 (b) If, after investigating a report made under this section, the commissioner
14 determines that a violation has occurred, the commissioner may
15 (1) file a civil complaint in the district court to enforce the provisions
16 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326; or
17 (2) issue a citation under AS 18.35.346(b).
18 (c) A person who violates AS 18.35.301 and against whom the commissioner
19 has filed a civil complaint under this section is punishable by a civil penalty of not
20 more than $100.
21 (d) A person who fails to comply with a duty imposed on that person by
22 AS 18.35.306 or 18.35.311 and against whom the commissioner has filed a civil
23 complaint under this section is punishable by a civil penalty of not more than
24 (1) $100 for a first failure to comply;
25 (2) $200 for a second failure to comply that occurs within 24 months
26 after the date the person was fined for a first failure to comply;
27 (3) $500 for each failure to comply that occurs within 24 months after
28 the date the person was fined for a second failure to comply.
29 (e) A person who violates AS 18.35.326 and against whom the commissioner
30 has filed a civil complaint under this section is punishable by a civil penalty of not
31 more than $1,000.
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1 (f) The department may provide for the payment of a civil penalty under this
2 section by mail.
3 Sec. 18.35.346. Citations; fines. (a) A peace officer may issue a citation for a
4 violation of AS 18.35.301 committed in the officer's presence or for a violation of
5 AS 18.35.306, 18.35.311, or 18.35.326. The provisions of AS 12.25.175 - 12.25.230
6 apply to the issuance of a citation under this subsection.
7 (b) An employee of the department designated by the commissioner to enforce
8 the provisions of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 may issue a
9 citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 regardless
10 of whether the violation was committed in the employee's presence. A citation issued
11 under this subsection shall be in the same form and shall be processed in the same
12 manner as a citation issued by a peace officer under (a) of this section. An employee
13 of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306,
14 18.35.311, or 18.35.326.
15 (c) A person who violates AS 18.35.301 as alleged in a citation under (a) or
16 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and upon
17 conviction is punishable by a fine of not more than $100 for each violation.
18 (d) A person who fails to comply with a duty imposed on that person by
19 AS 18.35.306 or 18.35.311 as alleged in a citation under (a) or (b) of this section is
20 guilty of a violation as defined in AS 11.81.900(b) and punishable by a fine of not
21 more than
22 (1) $100 for a first failure to comply;
23 (2) $200 for a second failure to comply that occurs within 24 months
24 after the date the person was fined under this section for a first failure to comply;
25 (3) $500 for each failure to comply that occurs within 24 months after
26 the date the person was fined under this section for a second failure to comply.
27 (e) A person who violates AS 18.35.326 as alleged in a citation under (a) or
28 (b) of this section is guilty of a violation, as defined in AS 11.81.900(b), and
29 punishable by a fine of not more than $1,000 for each violation.
30 (f) The supreme court shall establish a schedule of bail amounts for violations
31 of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail
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1 amount exceed the maximum fine that may be imposed for the violation under (c) - (e)
2 of this section. The bail amount for a violation must appear on the citation.
3 (g) If a person cited for a violation under this section does not contest the
4 citation, the person may, on or before the 30th day after the date of the citation, mail
5 or personally deliver to the clerk of the court in which the citation is filed
6 (1) the amount of bail indicated on the citation for that violation; and
7 (2) a copy of the citation indicating that the right to an appearance is
8 waived, a plea of no contest is entered, and the bail is forfeited.
9 (h) When bail has been forfeited under (g) of this section, a judgment of
10 conviction shall be entered. Forfeiture of bail is a complete satisfaction for the
11 violation. The clerk of the court accepting the bail shall provide the violator with a
12 receipt stating that fact if requested.
13 (i) A person cited under this section is guilty of failure to obey a citation under
14 AS 12.25.230 if the person fails to pay the bail amount established under (f) of this
15 section or fails to appear in court as required.
16 See. 18.35.351. Injunctions. The commissioner or another affected party may
17 bring a civil action in the superior court to enjoin a violation of AS 18.35.301,
18 18.35.306, 18.35.311, or 18.35.326.
19 Sec. 18.35.399. Definitions. In AS 18.35.301 - 18.35.399,
20 (1) "business" means a for - profit or nonprofit sole proprietorship,
21 partnership, joint venture, corporation, professional corporation, private club, retail
22 seller of goods or services, or other business entity;
23 (2) "commissioner" means the commissioner of health and social
24 services or the commissioner's designee;
25 (3) "department" means the Department of Health and Social Services;
26 (4) "e- cigarette" means an electronic device that uses a heating
27 element, battery, or electronic circuit to issue a vapor or aerosol for inhalation in a
28 manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other
29 lighted or heated tobacco or plant product intended for inhalation;
30 (5) "employee" means a person who is employed by a business for
31 compensation or works for a business as a volunteer without compensation;
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1 (6) "employer" means the state, a municipality, a regional educational
2 attendance area, and a person or a business with one or more employees;
3 (7) "enclosed area" means space between a floor and a ceiling that is
4 bounded on two or more sides by a combination of walls, doorways, windows, or
5 other physical barriers that may be open, partially open, closed, retractable, temporary,
6 or permanent;
7 (8) "health care facility" means an office or institution providing care
8 or treatment for physical, mental, emotional, or other medical, dental, physiological, or
9 psychological diseases or conditions; a private, municipal, or state hospital;
10 independent diagnostic testing facility; primary care outpatient facility; skilled nursing
11 facility; kidney disease treatment center, including freestanding hemodialysis units;
12 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or
13 Alaska Veterans' Home administered by the Department of Health and Social Services
14 under AS 47.55; long -term care facility; psychiatric hospital; residential psychiatric
15 treatment center, as defined in AS 18.07.111 or AS 47.32.900, and other facilities,
16 places of employment or offices operated for use by doctors, nurses, surgeons,
17 chiropractors, physical therapists, physicians, psychiatrists, or dentists or other
18 professional health care providers to provide health care;
19 (9) "place of employment" means work areas, private offices, hotel and
20 motel rooms, employee lounges, restrooms, conference rooms, classrooms, cafeterias,
21 hallways, vehicles, and other employee work areas that are under the control of an
22 employer;
23 (10) "public place" includes
24 (A) an area to which the public is invited or into which the
25 public is admitted;
26 (B) a place where services, goods, or facilities are offered to
27 the public;
28 (11) "smoking" means using an e- cigarette or other oral smoking
29 device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette,
30 pipe, or tobacco or plant product intended for inhalation.
31 * See. 2. AS 18.35.300, 18.35.305, 18.35.310, 18.35.320, 18.35.330, 18.35.340, 18.35.341,
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1 18.35.342, 18.35.343, 18.35.350, 18.35.355, and 18.35.365 are repealed.
2 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
3 read:
4 APPLICABILITY. AS 18.35.301, 18.35.306, 18.35.311, 18.35.316, 18.35.321,
5 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by sec. I of this
6 Act, apply to violations or failures to comply that occur on or after the effective date of sec. 1
7 of this Act.
8 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
9 read:
10 TRANSITION; REGULATIONS. The Department of Health and Social Services may
I1 adopt regulations necessary to implement AS 18.35.301, 18.35.306, 18.35.311, 18.35.316,
12 18.35.321, 18.35.326, 18.35.331, 18.35.336, 18.35.346, 18.35.351, and 18.35.399, added by
13 sec. 1 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act),
14 but not before the effective date of sec. I of this Act.
15 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c).
16 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect October 1, 2015.
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