NORTH CAROLINA GENERAL ASSEMBLY

 SESSION

 

 

CHAPTER 123

SENATE BILL 37

 

 

AN ACT TO CONFER UPON THE STATE BOARD OF HEALTH THE AUTHORITY TO PROMULGATE REASONABLE REGULATIONS CONCERNING THE USE OF ETHYL ALCOHOL IN CHEMICAL TESTING PROGRAMS IN NORTH CAROLINA.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-139.1 is amended to add the following subsection:

(e)        The State Board of Health is empowered to make regulations concerning the ingestion of controlled amounts of beverages containing ethyl alcohol by individuals submitting to chemical analyses as a part of scientific, experimental, educational, or demonstration programs. Such regulations shall prescribe procedures consistent with controlling Federal law governing the acquisition, transportation, possession, storage, administration, and disposition of ethyl alcohol or of beverages containing ethyl alcohol intended for use in such programs. Any person acquiring ethyl alcohol or beverages containing ethyl alcohol under such regulations shall keep records accounting for the disposition of all ethyl alcohol and beverages containing ethyl alcohol so acquired, and such records shall at all reasonable times be available for inspection upon the request of any Federal or State law enforcement officer with jurisdiction over the laws relating to alcohol or intoxicating liquor. All Acts done pursuant to such regulations reasonably in furtherance of bona fide objectives of the chemical testing program within this State shall be lawful notwithstanding the provisions of any other general, special, or local statute or any ordinance or regulation of the State or of any agency or subdivision of the State. Regulations of the State Board of Health adopted pursuant to this Section shall be filed and published in accordance with the provisions of §§ 143-195 to ‑198.1.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be effective on and after its date of ratification.

In the General Assembly read three times and ratified, this the 31st day of March, 1967.