Signed by Governor Bev Perdue

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in certain public places and places of employment. This includes State government buildings and vehicles as well as in restaurants and bars, with some exceptions. Enables local governments to restrict smoking in public places.

Highlights:

-Requires "No Smoking" or "Smoking is Prohibited" signs be placed in State government buildings and vehicles. (Sec. 1) -Prohibits smoking in restaurants and bars and requires "smoking is prohibited" signs be posted conspicuously in such establishments. (Sec. 1). -Allows local governments to prohibit smoking in certain places, with the exception of: private residences, vehicles, tobacco stores, property of tobacco manufacturers, smoking guest rooms in restaurants and bars, cigar bars, private clubs, and for performers on any live production set. (Sec.1)

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits smoking in enclosed public places and places of employment, and specifies places that are exempt from the smoking ban.

Highlights:

- Exempts the following places from the smoking ban (Sec. 1):

- Private residences; - Private vehicles; - Tobacco shops, provided that the sale of tobacco and tobacco related products constitute 75 percent of the establishment's total annual revenue, and food or alcohol is not served on the premises; - Premises, facilities, and vehicles owned, operated, or leased by a tobacco products processor or manufacturer, or any tobacco leaf grower, processor, or dealer; - Designated smoking guest rooms at a lodging establishment, provided that no more than 20 percent of the guest rooms at the establishment are designated smoking guest rooms; - Cigar bars, provided that the establishment has a permit to sell alcoholic beverages, the sale of alcoholic beverages constitutes at least 60 percent of its quarterly gross revenue, the sale of cigars constitutes at least 25 percent of its quarterly gross revenue, a humidor is located on the premises, and minors are prohibited from entering the premises; - Public places or places of employment in which individuals under the age of 18 a prohibited from entering the premises; and - Private clubs.

- Authorizes local governments to implement additional prohibitions against smoking in enclosed public places and places of employment, provided that they do not prohibit smoking in places that are exempt from the smoking ban listed above (Sec. 1). - Classifies a violation of the smoking ban as an infraction that has no consequence other than a $50 fine (Sec. 1). - Specifies that administrative penalties imposed on individuals who manage, operate, or control public places or places of employment that are in violation of the smoking ban shall only be enforced by a local health director (Sec. 1). - Authorizes a local health director to impose the following administrative penalties on individuals who manage, operate, or control public places or places of employment that are in violation of the smoking ban (Sec. 2):

- First violation: written notice of the violation and notification of action to be taken in the event subsequent violations; - Second violation: written notice of the violation and notification of action to be taken in the event subsequent violations; and - Subsequent violations: $200 fine.

- This is a substitute bill sponsored by the House Committee on Judiciary.

Full Bill Text