August 16, 1993
Ms. Clay Tee Hines
Assistant to the President for
Legal Affairs
Department of Community Colleges
200 W. Jones Street
Raleigh, North Carolina 27603
Re: Advisory Opinion; N.C. Gen. Stat. Chapter 143, Article 64; Smoking in Public Places
Dear Ms. Hines:
On August 3, 1993, you wrote to request advice regarding the effects of N.C. Gen. Stat. Chapter
143, Article 64 (1993 N.C. Sess. Laws c. 367) which limits smoking in public places.
Specifically, you asked whether rules regulating smoking adopted by boards of trustees of
community colleges prior to October 15, 1993, remain lawful following the enactment of Chapter
143, Article 64. It is our opinion that such rules remain enforceable.
Although Chapter 143, Article 64 imposes new restrictions on local government control of
smoking, N.C. Gen. Stat. § 143-601(a) specifically provides:
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 or this Article.
(Emphasis added). A rule or policy enacted by a board of trustees of a community college is a
local rule within the meaning of Chapter 143, Article 64.
Therefore, it is our opinion that Chapter 143, Article 64 does not supersede or supplant
community college rules or policies regulating the use of tobacco products, provided those rules
are adopted prior to October 15, 1993.
Edwin M. Speas, Jr.
Senior Deputy Attorney General
Thomas J. Ziko
Special Deputy Attorney General