GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2008-95
SENATE BILL 1669
an act to clarify the authority of and provide guidance to local community college boards of trustees in adopting written policies prohibiting the use of tobacco products in buildings, on community college campuses, at community college-sponsored events, and in or on other community college property, 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-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.
(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. As used in this Part, "local government" does not include community colleges as defined in G.S. 115D-2(2).
(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 2. Article 2 of Chapter 115D of the General Statutes is amended by adding the following new section to read:
"§ 115D-20.1. Policy prohibiting tobacco use in community college buildings, grounds, and at community college-sponsored events.
(a) As used in this section:
(1) "Tobacco product" includes cigarettes, cigars, blunts, bidis, pipes, chewing tobacco, snus, snuff, and any other items containing or reasonably resembling tobacco or tobacco products.
(2) "Tobacco use" includes smoking, chewing, dipping, or any other use of tobacco products.
(b) Local community college boards of trustees may adopt, implement, and enforce a written policy prohibiting at all times the use of any tobacco product by any person in community college buildings, in community college facilities, on community college campuses, in vehicles owned, leased, or operated by the local community college, and in or on any other community college property owned, leased, or operated by the local community college. The policy may also prohibit the use of all tobacco products by persons attending a community college-sponsored event.
(c) The policy adopted by a local community college board of trustees may include the following elements:
(1) Adequate notice of the policy to students, parents, the public, and school personnel.
(2) Posting of signs prohibiting at all times the use of tobacco products by any person in and on community college property.
(3) Requirements that community college personnel develop plans for successful implementation of and compliance with the policy.
(4) Permission for tobacco products to be included in instructional or research activities in community college buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and the activity does not include smoking, chewing, or otherwise ingesting the tobacco product.
(d) Nothing in G.S. 130A-498, G.S. 143-595 through G.S. 143-601, or any other section prohibits a local community college board of trustees from adopting and enforcing a more restrictive policy on the use of tobacco in community college buildings, in community college facilities, on community college campuses, or at community college-related or community college-sponsored events, and in or on other community college property."
SECTION 3. The North Carolina Tobacco Prevention and Control Branch and the Health and Wellness Trust Fund Commission shall work with local community college boards of trustees to provide assistance with the development and implementation of the policy including providing information regarding smoking cessation and prevention resources.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd 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
Approved 12:51 p.m. this 11th day of July, 2008