August 1, 2013 amends North Dakota’s smoke free law: N.D.C.C. 23-12-9 to 23-12-12

HB1292 This bill made two changes to the state smoke-free law. First, the Bill revised NDCC 23-12-10.4 Responsibility of Proprietors. This change eliminated the requirement that signs must be placed on vehicles that met the definition of place of employment—and which were therefore smoke-free vehicles. Second, the Bill revised NDCC 23-12-09 Definitions. This change added subsection (7), which defines “entrance” as an “exterior door that actuates to the left or right which allows access to a public place.”

Notably, HB 1292 made no changes related to where smoking is prohibited. Specifically, smoking continues to be prohibited in all enclosed areas of public places and places of employment, including vehicles that meet the definition of place of employment). See NDCC 23-12-10(1). And smoking continues to be prohibited both within 20 feet of exits from smoke-free public places and places of employment. and within 20 feet of entrances to places of employment. For more information, see N.D.C.C. 23-12-10(2).
Even though HB 1292 eliminated the requirement that smoke-free signs are to be placed on smoke-free vehicles, the Center will still provide signs to anyone choosing to sign their smoke-free work place vehicle because smoking continues to be prohibited in those vehicles.

HB1253 states that “The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this chapter may request from the executive committee of the tobacco prevention and control advisory committee the signs necessary to comply with the signage requirements of subsection 1.” For more information, see N.D.C.C. Section 23-12-10.5

To comply with HB1253, the North Dakota Center for Tobacco Prevention and Control Policy provides the following signage, which is available through your local public health unit or can be ordered online.
4c_bizdecalround5x4.jpg
The following signs are available:

The following signs are available:
• WINDOW DECAL: 4” X 5”
• DOOR DECAL: 4” X 5”
• METAL SIGN: 10” X 8”
• PAPER SIGN: 8” X 5.25”
• VEHICLE SIGNS: 2.5” X 1.5” 
  (Optional: vehicle sign is no longer required under N.D.C.C. 23.12.10.4)