A BILL TO BE ENTITLED
AN ACT to prohibit smoking in public places and places of employment.
The General Assembly of North Carolina enacts:
SECTION 1. Effective January 2, 2010, Article 23 of Chapter 130A of the General Statutes reads as rewritten:
"Article 23.
"Smoking Prohibited in Public Places and Places of Employment.
"Part 1A. Findings and Intent."§ 130A‑491.  Legislative findings and intent.
(a)	Findings. – The General Assembly finds that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers. In 2006, a report issued by the United States Surgeon General stated that the scientific evidence indicates that there is no risk‑free level of exposure to secondhand smoke.
(b)	Intent. – It is the intent of the General Assembly to protect the health of individuals in public places and places of employment and riding in State government vehicles  from the risks related to secondhand smoke. It is further the intent of the General Assembly to allow local governments to adopt local laws governing smoking within their jurisdictions that are more restrictive than the State law.
"§ 130A‑492.  Definitions.
The following definitions apply in this Article:
(1)	"Employee". – A person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer with or without compensation.
(2)	"Employer". – An individual person, business, association, political subdivision, or other public or private entity, including a nonprofit entity, that employs or contracts for or accepts the provision of services from one or more employees.
(3)	"Enclosed area". – An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one.
(4)	"Grounds". – An unenclosed area owned, leased, or occupied by State or local government.
(5)	"Local government". – A local political subdivision of this State, an airport authority, or an authority or body created by an ordinance, joint resolution, or rules of any such entity.
(6)	"Local government building". – A building owned, leased as lessor, or the area leased as lessee and occupied by a local government.
(7)	"Lodging establishment". – An establishment that provides lodging for pay to the public.
(8)	"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.
(8a)	"Public place". – An enclosed area to which the public is invited or in which the public is permitted.(8b)	"Place of employment". – An enclosed area under the control of a public or private employer that employees use during the course of employment or for any other purpose.
(8c)	"Tobacco shop". – A business establishment the main purpose of which is the sale of tobacco, tobacco products, and accessories for such products that receives no less than seventy‑five percent (75%) of its total annual revenues from the sale of tobacco, tobacco products, and accessories for such products, and does not serve food or alcohol on its premises.
(9)	"Smoking". – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
(10)	"State government". – The political unit for the State of North Carolina, including all agencies of the executive, judicial, and legislative branches of government.
(11)	"State government building". – A building owned, leased as lessor, or the area leased as lessee and occupied by State government.(12)	"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.
"Part 1B. Smoking Prohibited in State Government Buildings and Vehicles.
"§ 130A‑493.  Smoking prohibited in State government buildings and State vehicles.
(a)	Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State‑controlled buildings, smoking is prohibited inside State government buildings except as provided in subsection (b) of 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. In addition, the individual in charge of the building or the individual's designee shall:
(1)	Direct a person who is smoking inside the facility to extinguish the lighted smoking product.
(2)	In a State psychiatric hospital, 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 misdemeanor.
"§ 130A‑494.  Other prohibitions.
Nothing in this Article repeals any other law prohibiting smoking, nor does it limit any law allowing regulation or prohibition of smoking on walkways or on the grounds of buildings.
"§ 130A‑495.  Rules.
The Commission shall adopt rules to implement this Part.
"Part 1C. Smoking Prohibited in Public Places and Places of Employment.
"§ 130A‑496. Smoking prohibited in public places and places of employment.
(a)	Notwithstanding Article 64 of Chapter 143 of the General Statutes, smoking is prohibited in public places and places of employment, except as provided in subsection (b) of this section.
(b)	Smoking may be permitted in the following places:
(1)	A private residence, except when being used commercially to provide child care or adult care services.
(2)	A tobacco shop if smoke from the business does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A tobacco shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited pursuant to this Article.
(3)	A tobacco manufacturing or processing facility.
(4)	A designated smoking guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment's guest rooms may be designated smoking guest rooms.
"§ 130A‑497. Implementation and enforcement.
(a)	A person who owns, manages, operates, or otherwise controls a public place or place of employment in which smoking is prohibited shall:
(1)	Conspicuously post signs clearly stating that smoking is prohibited. The signs 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. 
(2)	Remove all indoor ashtrays and other smoking receptacles.
(3)	Direct a person who is smoking to extinguish the lighted tobacco product.
(b)	A person who continues to smoke in a nonsmoking area described in this Part following oral or written notice by the person in charge of the area or the person's designee that smoking is prohibited shall be guilty of an infraction and punished by a fine of not more than fifty dollars ($50.00).
(c)	The Commission shall adopt rules to implement the provisions of this Article.
(d)	The provisions of this Article and the rules adopted by the Commission to implement the provisions of this Article shall be enforced by a local health department.
(e)	Conviction of an infraction under this section has no consequence other than payment of a penalty. A person found responsible for a violation of this section may not be assessed court costs.
(f)	Notwithstanding G.S. 130A‑25, a violation of this Part shall not be punishable as a misdemeanor.
"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 and enforce ordinances, board of health rules, and other laws or policies restricting or prohibiting smoking that are more restrictive than State law and that apply in buildings, on  grounds, in publicly owned, leased, or operated vehicles, or in public places.
(b1)	A county ordinance adopted under this section is subject to the provisions of G.S. 153A‑122.
									
"§§ 130A‑499 through 130A‑500: Reserved for future codification."
SECTION 2.  Effective January 2, 2010, G.S. 130A‑22 is amended by adding a new subsection to read:
"(h1)	A local health director may take the following actions and may impose the following administrative penalty on a person who owns, manages, operates, or otherwise controls a public place or place of employment and fails to comply with the provisions of Article 23 of this Chapter or with rules adopted thereunder:
(1)	First violation. – Provide the person in violation with written notice of the person's first violation and notification of action to be taken in the event of subsequent violations.
(2)	Second violation. – Provide the person in violation with written notice of the person's second violation and notification of administrative penalties to be imposed for subsequent violations.
(3)	Subsequent violations. – Impose on the person in violation an administrative penalty of not more than two hundred dollars ($200.00) for the third and subsequent violations. 
Each day on which a violation of this Article or rules adopted pursuant to this Article occurs shall be considered a separate and distinct violation. Notwithstanding G.S. 130A‑25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation."
SECTION 3.  This act is effective when it becomes law.