A BILL TO BE ENTITLED
AN ACT TO PROTECT THE PUBLIC FROM THE HEALTH RISKS OF SECONDHAND SMOKE BY PROHIBITING SMOKING IN BUILDINGS OWNED, LEASED, OR OCCUPIED BY STATE GOVERNMENT; and TO AUTHORIZE LOCAL GOVERNMENTS TO REGULATE SMOKING IN BUILDINGS AND TRANSPORTATION VEHICLES OWNED, LEASED, OR OCCUPIED BY LOCAL GOVERNMENT as recommended by the justus‑warren heart disease and stroke prevention task force.
Whereas, secondhand smoke has been proven to cause cancer, heart disease, and asthma in both smokers and nonsmokers; and
Whereas, the 2006 Surgeon General's Report on the health consequences of involuntary exposure to tobacco smoke states that the scientific evidence indicates that there is no risk‑free level of exposure to secondhand smoke; and
Whereas, the 2006 Surgeon General's Report documents that separating smokers from nonsmokers, cleaning the air, and ventilating smoke cannot eliminate exposure to secondhand smoke; and
Whereas, the Centers for Disease Control and Prevention (CDC) advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking; and 
Whereas, exposure to secondhand smoke is costly, costing the nation $10 billion per year, $5 billion in direct medical care costs, and $5 billion in indirect costs according to the 2005 Society of Actuaries; and
Whereas, the vast majority of North Carolinians (77.4% of adults) do not smoke; and
Whereas, the 2006 Surgeon General's Report documents that eliminating indoor smoking fully protects nonsmokers from exposure to secondhand smoke; and
Whereas, the North Carolina's General Assembly buildings are smoke‑free; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Effective January 1, 2008, Chapter 130A of the General Statutes is amended by adding the following new Article to read:
"Article 23.
"Smoking in Public Places.
"Part 1. Smoking in State Government Buildings.
"§ 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.
"§ 130A‑492.  Definitions.
The following definitions apply in this Article:
(1)	"Smoking". – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
(2)	"State government". – The political unit for the State of North Carolina; including all agencies of the executive, judicial, and legislative branches of government.
(3)	"State government building". – A building owned, leased as lessor, or the area leased as lessee and occupied by State government.
"§ 130A‑493.  Smoking in State government buildings 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.
(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.
(d)	Notwithstanding G.S. 130A‑25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation.
"§ 130A‑494.  Rules.
The Commission shall adopt rules to implement this Part."
SECTION 2.  Nothing in this act shall be construed to impair or interfere with efforts by local school boards to regulate or prohibit smoking in public schools, in school facilities, on school campuses, at school‑related or school‑sponsored events, in or on other school property, or at day care centers under their jurisdiction.
SECTION 3.  Effective January 1, 2008, Article 23 of Chapter 130A of the General Statutes, as enacted in Section 1 of this act, is amended by adding the following new Part to read:
"Part 2. Local Government Regulation of Smoking.
"§ 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; and 
(2)	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 or rules of any such entity."
SECTION 4.  Effective January 1, 2008, G.S. 143‑601 reads as rewritten:
"§ 143‑601.  Applicability of Article; local government may enact.
(a)	This Article shall not supersede nor prohibit the enactment or enforcement of any otherwise valid local law, rule, or ordinance enacted prior to October 15, 1993, regulating the use of tobacco products. However, no local law, rule, or ordinance enacted and placed in operation prior to October 15, 1993, shall be amended to impose a more stringent standard than in effect on the date of ratification of this Article.
(b)	Any local ordinance, law, or rule that regulates smoking adopted on or after October 15, 1993, shall not contain restrictions regulating smoking which exceed those established in this Article. Any such local ordinance, law, or rule may restrict smoking in accordance with this subsection and pursuant to G.S. 143‑597 only in the following facilities that are not owned, leased, or occupied by local government:	(2)	A public meeting.
(3)	The indoor space in an auditorium, arena, or coliseum, or an appurtenant building thereof.
(4)	A library or museum open to the public.
	
If any of the facilities listed in this subsection are owned, leased, or occupied by local government, then the local ordinance, law, or rule restricting smoking shall be governed by Article 23 of Chapter 130A of the General Statutes."
SECTION 5.  This act is effective when it becomes law.