SENATE, No. 2883

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MAY 14, 2015

 


 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits smoking in automobiles when children are present.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning smoking in automobiles and supplementing Chapter 4 of Title 39 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any provision of law to the contrary, smoking is prohibited in an automobile, as defined in R.S.39:1-1, when a child 16 years of age or younger is present.

     b.    For purposes of this section, "smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

     c.    A person who violates the provisions of this section shall be fined $100.  No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.  A person shall not be subject to a surcharge under the New Jersey Merit Rating Plan as provided in section 6 of P.L.1983, c.65 (C.17:29A-35) for violation of this section.

     d.    The penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     e.    Nothing in this section shall be construed to preclude or limit any prosecution for a violation of any provision of chapter 35 or 36 of Title 2C of the New Jersey Statutes or any other provision of law.

     f.     The Chief Administrator of the New Jersey Motor Vehicle Commission shall establish a public awareness campaign to inform the public about the provisions of this act.

 

     2.    This act shall take effect on the 60th day following enactment.

 

 

STATEMENT

 

     This bill prohibits smoking in an automobile when a child 16 years of age or younger is present.  As used in this bill "smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

     A person who violates the provisions of the bill shall be fined $100, and the penalty assessed shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999."

     The provisions of the bill stipulate that no motor vehicle or automobile insurance eligibility points or surcharge under the New Jersey Merit Rating Plan would result from a violation of the provisions of the bill.  The bill also specifies that that the provisions of the bill shall not be construed to preclude or limit any prosecution for violation of any provision of chapter 35 or 36 of Title 2C of the New Jersey Statutes or any other provision of law.

     Finally, the bill requires the Chief Administrator of the New Jersey Motor Vehicle Commission to establish a public awareness campaign to inform the public about the provisions of the bill.