ASSEMBLY, No. 1258

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman RUSSO

 

 

An Act prohibiting the use of smokeless tobacco in public schools and amending P.L.1981, c.320.

 

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

 

    1. Section 1 of P.L.1981, c.320 (C.26:3D-15) is amended to read as follows:

    1. 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 than 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 institutions providing education or training affected by this act the right of the nonsmoker to breathe clean air should supersede the right of the smoker to smoke. In addition to the deleterious effects upon smokers, tobacco smoke is (1) at least an annoyance and a nuisance to a substantial percentage of the nonsmoking public, and (2) a substantial health hazard to a smaller segment of the nonsmoking public. Moreover, the problem of youth tobacco addiction is not confined to smoking, for the United States Public Health Service reports that among tobacco users, teenagers and younger children are particularly heavy users of smokeless tobacco products, which pose a substantial health hazard to this group. The [purpose] purposes of this act, therefore, [is] are to: (1) control smoking on the premises of schools, colleges, universities and professional training schools, except in designated areas; and (2) require the board of education of each school district to prohibit smoking in its buildings, and also to prohibit the use of smokeless tobacco in its buildings and on school property, whether adjacent to school buildings or on school athletic fields.

(cf: P.L.1981, c.320, s.1)

    2. Section 2 of P.L.1981, c.320 (C.26:3D-16) is amended to read as follows:

    2. For purposes of this act, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco; and "use of smokeless tobacco" means the inhalation or chewing of snuff or chewing tobacco or any other matter or substance which contains tobacco.

(cf: P.L.1981, c.320, s.2)

 

    3. Section 3 of P.L.1981, c.320 (C.26:3D-17) is amended to read as follows:

    3. a. The appropriate governing body, board or individual responsible for or who has control of the administration of a school, college, university, or professional training school, either public or private, except the board of education of a school district, shall make and enforce suitable regulations controlling the smoking of tobacco on their premises, except in those areas within the premises wherein smoking is prohibited by municipal ordinance under authority of R.S.40:48-1 and 40:48-2 or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire. The governing body, board or individual may, but need not, designate certain areas within the premises as areas in which smoking is permitted. Smoking in classrooms, lecture halls and auditoriums shall be prohibited except as part of a classroom instruction or a theatrical production.

    b. The board of education of each school district shall make and enforce regulations to prohibit the smoking of tobacco anywhere in its buildings, as well as the use of smokeless tobacco anywhere in its buildings or on its property, except as part of a classroom instruction or a theatrical production.

(cf: P.L.1989, c.96, s.1)

 

    4. Section 5 of P.L.1981, c.320 (C.26:3D-19) is amended to read as follows:

    5. a. The State or any agency or political subdivision thereof may suggest guidelines for rules governing smoking or the use of smokeless tobacco on the premises of a school, college, university or professional training school which may be adopted by the persons who have control of the premises but in no case shall they be mandatory.

    b. The provisions of this act shall supersede any other statute, municipal ordinance, and rule or regulation adopted pursuant to law concerning smoking or the use of smokeless tobacco on the premises of schools, colleges, universities and professional training schools except where smoking is prohibited by municipal ordinance under authority of R.S. 40:48-1 and 40:48-2 or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire.

(cf: P.L.1981, c.320, s.5)

 

    5. Section 6 of P.L.1981, c.320 (C.26:3D-20) is amended to read as follows:

    6. a. The person responsible for administration of the school, college, university, or professional training school or any other person having control of such premises or any agent thereof or a police officer or other public servant engaged in executing or enforcing this act may order any person smoking or, in the case of a public school, engaged in the use of smokeless tobacco in violation of this act to comply with the provisions of this act. Thereupon any such person who smokes or, in the case of a public school, uses smokeless tobacco on such premises in violation of this act is subject to a fine not to exceed $100.00.

    b. The State Department of Health or the local board of health or such board, body or officers exercising the functions of the local board of health according to law, upon written complaint and having reason to suspect that any school, college, university or professional training school is or may be in violation of the provisions of this act shall, by written notification, advise the person responsible for the administration of the school, college, university or professional training school or other person having control of the premises accordingly and order appropriate action to be taken. Thereupon, any person receiving such notice who knowingly fails or refuses to comply with the order is subject to a fine not to exceed $25.00 for the first offense and not to exceed $100.00 for the second offense and not to exceed $200.00 for each offense thereafter. In addition to the penalty provided herein, the court may order immediate compliance with the provisions of this act.

    c. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health of the State of New Jersey or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

    d. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.2A:58-1 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health of the State of New Jersey, or the local board of health, as the case may be, as plaintiff.

(cf: P.L.1981, c.320, s.6)

 

    6. This act shall take effect on the 60th day after enactment, except that the board of education of each school district shall take such actions prior to the effective date as are necessary to effectuate the purposes of this act.

 

 

STATEMENT

 

    This bill requires the board of education of each school district to make and enforce regulations to prohibit the use of smokeless tobacco, in addition to the existing ban on smoking tobacco, anywhere in its buildings except as part of a classroom instruction or a theatrical production. This prohibition on the use of smokeless tobacco would also apply to school grounds, including school athletic fields. The bill further provides that the State or any agency or political subdivision thereof may suggest guidelines for rules governing the use of smokeless tobacco on the premises of a school, college, university or professional training school which may be adopted by the persons who have control of the premises, but in no case shall they be mandatory.

    This bill is intended to counter the increased use among teenagers and younger children of smokeless tobacco products, such as snuff and chewing tobacco, which can have serious health consequences for their users.

 

Prohibits use of smokeless tobacco in public schools.