[Second Reprint]

ASSEMBLY, No. 1256

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen RUSSO and ZECKER

 

 

An Act prohibiting smoking in child care centers and 1amending and1 supplementing P.L.1983, c.492 (C.30:5B-1 et seq.).

 

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

 

    1. 1(New section)1 a. The Legislature finds and declares that the resolution of the conflict between the right of the smoker to smoke and the right of the nonsmoker to breathe clean air involves a determination of when and where, rather 2[that] than2 whether, a smoker may legally smoke. It is not the public policy of this State to deny anyone the right to smoke. However, the Legislature finds that in those areas affected by this act the right of children and nonsmoking employees to breathe clean air should 1[supercede] supersede1 the right of the smoker to smoke. The purpose of this act, therefore, is to prohibit smoking in child care centers.

    b. Smoking is prohibited in 1[and] an indoor area of a child care center 2[and1on the grounds 1[of child care centers] outside the center]2 when children are present1, and in all vehicles when used for center-sponsored transportation1[, and]. In addition, smoking is prohibited in an indoor area of a child care center even when children are not present unless a fire wall separates the indoor area from any other indoor area in which children are present. These prohibitions1 shall be so indicated by the sponsor or other person who has control of the child care center with a sign containing lettering not less than one inch in height stating "Smoking Prohibited" 1or "Smoking Prohibited When Children Are Present," as appropriate,1 or designated by the "Smoking Prohibited" international symbol. The letters or symbol shall contrast in color with the sign. 1[The sign may also indicate that violators are subject to a fine.]1 Every sign required by this section shall be located so as to be clearly visible to employees of the child care center and the public.

    For the purposes of this section "smoking" means the burning of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco.

    1[c. A person who violates the provisions of this act shall be subject to a fine between $25 and $100 for each violation. The penalty shall be collected by the commissioner in the name of the State in a summary proceeding in accordance with "the penalty enforcement law," (N.J.S.2A:58-1 et seq.).]1

 

    12. Section 9 of P.L.1983, c.492 (C.30:5B-9) is amended to read as follows:

    9. The department may deny, suspend, revoke or refuse to renew a license for good cause, including, but not limited to:

    a. Failure of a child care center or its sponsor to comply with the provisions of this act;

    b. Violation of the terms and conditions of a license by a child care center or its sponsor;

    c. Use of fraud or misrepresentation by a child care center or its sponsor in obtaining a license or in the subsequent operation of the center;

    d. Refusal by a center or its sponsor to furnish the department with required files, reports or records;

    e. Refusal by a center or its sponsor to permit an inspection by an authorized representative of the department during normal operating hours;

    f. Any conduct, engaged in or permitted, which adversely affects or presents a serious hazard to the education, health, safety and general well-being and physical and intellectual development of a child attending the child care center, or which otherwise demonstrates unfitness to operate a child care center; [or]

    g. Failure to provide a developmental or age-appropriate program that meets the physical, social, emotional and cognitive needs of the children in the center as set forth by regulation; or

    h. Failure of a child care center or its sponsor to comply with the provisions of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).1

(cf: P.L.1983, c.492, s.9)

 

    1[2.] 3.1 This act shall take effect on the 60th day after enactment.

 

 

 

Prohibits smoking in child care centers when children are present.