North Carolina § 130A-491 - Legislative findings and intent.

§ 130A-491. Legislative findings and intent.

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. 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. History (2007-193, s. 1; 2008-149, s. 1; 2009-27, s. 1.) Editor's Note. - Session Laws 2007-193, s. 1, made this Article effective January 1, 2008. Session Laws 2007-193, provides, in the preamble: "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, North Carolina's General Assembly buildings are smoke-free; Now, therefore, The General Assembly of North Carolina enacts:" Session Laws 2009-27, s. 3, as amended by Session Laws 2009-550, s. 6(b), provides in part: "The Commission for Public Health may adopt rules to implement Parts 1A, 1B, and 1C of Article 23 of Chapter 130A of the General Statutes, as enacted by this act, on and after the date this act becomes law, provided that such rules shall not become effective before January 2, 2010." Effect of Amendments. - Session Laws 2008-149, s. 1, effective January 1, 2009, added the second sentence. Session Laws 2009-27, s. 1, effective January 2, 2010, added "findings and" in the section heading, added subsection (a), rewrote former subsection (a), and redesignated it as subsection (b).