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

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

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. 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. 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: Direct a person who is smoking inside the building to extinguish the lighted smoking product. In a State psychiatric hospital, provide written notice to individuals upon admittance that smoking is prohibited inside the building and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice. 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. Notwithstanding G.S. 130A-25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation. History (2007-193, s. 1; 2007-459, s. 4.1; 2008-149, s. 3; 2009-27, s. 1.) Editor's Note. - Session Laws 2007-459, s. 5, provides, in part: "G.S. 130A-493(c)(2), as enacted by this act, applies to individuals admitted to the hospital on or after January 1, 2008." 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 2007-459, s. 4.1, effective October 1, 2007, and applicable to violations committed on or after that date, added the last sentence in the introductory paragraph of subsection (c); and added subdivisions (c)(1) and (c)(2). Session Laws 2008-149, s. 3, effective January 1, 2009, in the section heading, inserted "and State vehicles"; and added subsection (c1). Session Laws 2009-27, s. 1, effective January 2, 2010, made a stylistic change in the section heading; in subsection (a), substituted "except as provided in subsection (b) of this section" for "as provided in this section," and deleted the last sentence relating to smoking rooms in residence halls that were permitted by G.S. 143-597 (a)(6); in subsection (c), substituted "the individual in charge of the building or the individual's designee shall" for "in any State psychiatric hospital, the person who owns, manages, operates, or otherwise controls the hospital shall" in the introductory language, added "In a State psychiatric hospital" in subdivision (c)(2), and made related and minor stylistic changes.