Smoking in Public Places
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Attachment I
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A RESOLUTION OF THE
NEW HANOVER COUNTY BOARD OF HEALTH
REQUESTING THE NORTH CAROLINA GENERAL
ASSEMBLY TO AMEND PORTIONS OF ARTICLE 64 OF
CHAPTER 143 ENTITLED "SMOKING IN PUBLIC PLACES"
WHEREAS, in July of 1993 the General Assembly enacted Chapter
367 of the General Session Laws, now codified as Article 64 of
Chapter 143 of the North Carolina General Statutes; and
WHEREAS, in October of 1993, the New Hanover County Board of
Health, acting pursuant to the provisions of North Carolina General
Statutes 130A-39 and North Carolina General Statutes 143-595 et seq
adopted Smoking Control Rules for the County of New Hanover; and
WHEREAS, on December 3, 1996, the North Carolina Court of
Appeals in Case No. COA95-461 entitled "City of Roanoke Rapids et
al vs. C. Douglas Peedin, et al," ruled that the Halifax County
Board of Health had exceeded the general limitations imposed upon
the rule making powers of boards of health by enacting and adopting
Smoking County rules for Halifax County in that certain portions of
the Halifax County Rules were discriminatory in granting certain
exemptions from said rules based upon social and economic concerns;
and
WHEREAS, The New Hanover County Board of Health now desires to
amend its rules to comply with the court of appeals decision in the
City of Roanoke Rapids et al vs. Peedin, et aI, but is prevented
from doing so by the provision of North Carolina General Statutes
143-601 which provides in pertinent part that ". ..no local laws,
rules or ordinanc~ 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 the ratification of this Article" (July
12, 1993) as well as the provisions of paragraph (b) of North
Carolina General Statutes 143-601, a copy of which is attached
herewith.
NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD
OF HEALTH;
A. That the New Hanover County legislative delegation support
appropriate legislation to amend North Carolina General Statutes
143-601 to provide that local boards of health may adopt Smoking
Control Rules for their respective counties so long as said rules
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are:
(1 )
health;
(2)
(3 )
(4 )
(5 )
concerns
related to the promotion and/or protection of public
reasonable in the light of the health risk involved;
not violative or any law or constitutional provision;
not discriminatory;
do not make distinctions based upon policy or economic
traditionally reserved to legislative bodies;
B. That copies of this resolution be forwarded to each member
of the legislative delegation representing New Hanover County and
to all other Boards of Health which have previously adopted smoking
control rules.
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ATTEST:
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ADOPTED this r day of
Itfri /
, 1997.
NEW HANOVER COUNTY BOARD OF HEALTH
By:
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w. KEITH ELMORE
Chairman
J~c.fA) JAil tI.ua-
Title: ~--1