by Gregory W. Tschider, Jr.

Initiated Statutory Measure No. 4 was passed by the North Dakota voters. This law goes into effect on December 6, 2012. There are certain parts of this bill that Credit Unions need to be concerned with and comply with:

A.           Section (2) (page 3). "Smoking is prohibited within twenty (20) feet of entrances, exits, operable     windows . . .” etc.

B.           Section (3) (page 4).

1.            The Credit Union must "clearly and conspicuously post no smoking signs."

2.            The Credit Union must "clearly and conspicuously post at every, entrance . . . a sign stating that smoking is prohibited."

3.            The Credit Union must "clearly and conspicuously post on every vehicle . . . at least one sign, visible from the vehicle's exterior, stating that smoking is prohibited." Thus all Credit Union vehicles that are used at any time by an employee or employees must have such a sign.

4.            All ashtrays must be removed from the Credit Union property.

5.            The Credit Union must notify all existing employees and all prospective employees "upon their application for employment that smoking is prohibitive." I would recommend that the Credit Union email or in some other manner notify all employees (even though your premises already prohibits smoking) and I would also amend the employment application forms to incorporate a statement (in bold) that smoking is not permitted on the Credit Union premises or within twenty (20) feet thereof.

6.            Credit Union employees must direct any person who is smoking on Credit Union property to extinguish the product being smoked. If the person refuses. then no services are to be provided and the offending party must be asked to immediately leave the Credit Union property. If the offending party refuses, then the Credit Union must call the police.