Did the 1993 NC smoking-in-public-places law wipe out NC community college smoking policies adopted earlier in 1993?

Plain-English summary

In 1993, the NC General Assembly enacted Chapter 143, Article 64 (1993 Sess. Laws c. 367), which set state-level limits on smoking in public places. The new framework was a partial preemption of local control: local governments could keep stricter rules they had on the books, but they could not adopt new stricter rules going forward. NC community colleges had a question that summer: were their existing trustee-adopted smoking policies still good?

Clay Tee Hines of the Department of Community Colleges asked the AG. Senior Deputy AG Edwin M. Speas, Jr. and Special Deputy AG Thomas J. Ziko gave a short, clean answer: yes, those policies remain enforceable.

The operative language was G.S. § 143-601(a):

"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."

The AG read "local rule" to include rules adopted by a community college board of trustees. The colleges thus qualified for the grandfather clause: pre-October-15-1993 policies survived Article 64.

The catch was the no-amendment provision. Those grandfathered rules were locked in at their pre-October-15 stringency. A college could not later amend its policy to be tougher. It could keep what it had, or back off (e.g., relax a restriction), but it could not tighten.

Currency note

This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. NC's tobacco regulation framework has been substantially overhauled, including S.L. 2009-27 (banning smoking in most restaurants and bars), and various changes to Chapter 130A school and child care provisions. The grandfather clause analyzed in this opinion may no longer be the operative framework for community college smoking policies.

Background and statutory framework

Chapter 143, Article 64 (1993). Article 64 set state floor restrictions on smoking in certain public places. It was the first comprehensive NC state law on the subject. Local governments retained limited control under the grandfather provision.

Why grandfathering? The 1993 statute was an industry-state-local compromise. Tobacco was politically and economically important in NC. The legislature partially preempted local control to prevent a patchwork of tighter local rules from forming after the state floor was set, but it preserved existing local efforts in deference to settled expectations.

The October 15, 1993 cutoff. That date is the operative line. Rules in effect before October 15 are grandfathered. Rules adopted after must conform to Article 64.

Community colleges as "local." Community colleges are organized as local entities with locally-appointed boards of trustees. The AG treated trustee-adopted rules as "local rules" within the statutory phrase. Universities and other state agencies might be in a different position under the same statute.

The asymmetric amendment rule. § 143-601(a) bars stricter amendment, not relaxation. A college could weaken its rule (or repeal and replace within Article 64's framework) but not strengthen.

The narrow scope of the opinion. Speas and Ziko answered only the threshold survival question. The opinion did not address how Article 64 interacts with state Department of Community Colleges policies or with federal workplace smoking obligations under OSHA.

Common questions

Q: What kind of "smoking rule" would a community college have had in 1993?

A: Many colleges had designated smoking and non-smoking areas in buildings, sometimes complete bans inside academic buildings, and various rules about smoking in dormitories or student housing. The opinion did not catalog them.

Q: Does this grandfather rule still apply to community colleges?

A: NC smoking law has changed substantially since 1993. Current community college policies are governed by current statutes and regulations, which should be consulted directly.

Q: Could a community college relax a smoking rule and then later re-tighten it?

A: The 1993 statute's text bars amendments imposing a "more stringent standard than in effect on the date of ratification" of Article 64. Reading that strictly, a college that relaxed could not later return to the pre-October-15-1993 stringency.

Q: What about K-12 public schools?

A: K-12 schools have separate statutory frameworks (e.g., G.S. § 115C and various Chapter 130A provisions). The opinion did not address them.

Q: Were universities (UNC system) included?

A: The opinion did not address universities. UNC institutions have their own governance structure under Chapter 116, and the "local rule" analysis would differ.

Q: What is the purpose of a grandfather clause like this one?

A: Grandfather clauses protect existing arrangements while allowing future uniformity. They are a common compromise device in state preemption legislation, balancing local autonomy with statewide consistency.

Citations from the opinion

• N.C. Gen. Stat. Chapter 143, Article 64
• N.C. Gen. Stat. § 143-601(a)
• 1993 N.C. Sess. Laws c. 367

Source

• Landing page: https://ncdoj.gov/opinions/smoking-in-public-places/

Original opinion text

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