GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2008-149

SENATE BILL 1681

 

 

AN ACT to require state-controlled passenger-carrying vehicles to be Smoke-Free; and to authorize local governments to require local government-controlled vehicles to be smoke-free, as recommended by the justus-warren heart disease and stroke prevention task force.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 130A-491 reads as rewritten:

"§ 130A-491.  Legislative intent.

It is the intent of the General Assembly to protect the health of individuals working in or visiting State government buildings from the risks related to secondhand smoke. It is further the intent of the General Assembly to protect the health of individuals driving or riding in State-controlled passenger-carrying vehicles assigned permanently or temporarily to State employees or State agencies or institutions for official State business."

SECTION 2.  G.S. 130A-492 reads as rewritten:

"§ 130A-492.  Definitions.

The following definitions apply in this Article:

(5)       "Local vehicle". - A passenger-carrying vehicle owned, leased, or otherwise controlled by local government and assigned permanently or temporarily by local government to local government employees, agencies, institutions, or facilities for official local government business.

(1)(8)  "Smoking". - The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

(2)(9)  "State government". - The political unit for the State of North Carolina, including all agencies of the executive, judicial, and legislative branches of government.

(3)(10)"State government building". - A building owned, leased as lessor, or the area leased as lessee and occupied by State government.

(11)     "State vehicle". - A passenger-carrying vehicle owned, leased, or otherwise controlled by the State and assigned permanently or temporarily to a State employee or State agency or institution for official State business."

SECTION 3.  G.S. 130A-493 reads as rewritten:

"§ 130A-493.  Smoking in State government buildings and State vehicles prohibited.

(a)       Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State-controlled buildings, smoking is prohibited inside State government buildings as provided in this section. As to smoking rooms in residence halls that were permitted by G.S. 143-597(a)(6), this Article becomes effective beginning with the 2008-2009 academic year.

(b)       Smoking is permitted inside State government buildings that are used for medical or scientific research to the extent that smoking is an integral part of the research. Smoking permitted under this subsection shall be confined to the area where the research is being conducted.

(c)       The individual in charge of the State government building or the individual's designee shall post signs in conspicuous areas of the building. The signs shall state that "smoking is prohibited" and may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. In addition, in any State psychiatric hospital, the person who owns, manages, operates, or otherwise controls the hospital shall:

(1)       Direct any person who is smoking inside the facility to extinguish the lighted smoking product.

(2)       Provide written notice to individuals upon admittance that smoking is prohibited inside the facility and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.

(c1)     Smoking is prohibited inside State vehicles. The individual or the individual's designee in charge of assigning the vehicle shall place one or more signs in conspicuous areas of the vehicle. The signs shall state that "smoking is prohibited" and may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle as provided in this subsection.

(d)       Notwithstanding G.S. 130A-25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation."

SECTION 4.  G.S. 130A-498 reads as rewritten:

"§ 130A-498.  Local governments may restrict smoking in public places.

(a)       Notwithstanding any other provision of Article 64 of Chapter 143 of the General Statutes to the contrary, a local government may adopt an ordinance, law, or rule restricting smoking in accordance with subsection (b) of this section.

(b)       Any local ordinance, law, or rule authorized under this section may restrict smoking only in:

(1)       Buildings owned, leased as lessor, or the area leased as lessee and occupied by local government;

(2)       Building and grounds wherein local health departments and departments of social services are housed;

(3)       Public schools, school facilities, on school campuses, at school-related or school-sponsored events, in or on other school property, public school buses, or at day care centers. Such restrictions may be imposed by local school boards having ownership or jurisdiction over the building, campus, event, property, or vehicle; and

(4)       Any place on a public transportation vehicle owned or leased by local government and used by the public.public; and

(5)       Any place in a local vehicle.

(c)       As used in this Part, "local government" means any local political subdivision of this State, any airport authority, or any authority or body created by any ordinance, joint resolution, or rules of any such entity.

(d)       As used in this Part, "grounds" means the area located within 50 linear feet of a building wherein a local health department or a local department of social services is housed.

(e)       A county ordinance adopted under this section is subject to the provisions of G.S. 153A-122."

SECTION 5.  This act becomes effective January 1, 2009.

In the General Assembly read three times and ratified this the 10th day of July, 2008.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 8:26 p.m. this 2nd day of August, 2008