ASSEMBLY, No. 1381
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen STEELE and PASCRELL
An Act concerning penalties for smoking in elementary and secondary 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 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 in violation of this act to comply with the provisions of this act. Thereupon any such person who smokes on such premises in violation of this act is subject to a fine not to exceed $100.00 or may be ordered to perform community service as provided in subsection e. of this section.
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.
e. In lieu of the fine provided in subsection a. of this section, the court may order a student under 18 years of age who smokes on the premises of a school in violation of P.L.1981, c.320 (C.26:3D-15 et seq.) to perform community service for a period of 20 hours for the first violation and 30 hours for the second and each subsequent violation. The community service shall be of such form and on such terms as the court deems appropriate, except that the court may permit the student to perform the community service in the community in which the student resides if the student does not reside in the community in which the school is located.
(cf: P.L.1981, c.320, s.6)
2. This act shall take effect immediately.
STATEMENT
This bill permits a court to order a student under 18 years of age who smokes on the premises of a school in violation of P.L.1981, c.320 (C.26:3D-15 et seq.) to perform community service for a period of 20 hours for the first violation and 30 hours for the second and each subsequent violation, in lieu of imposing a fine of up to $100, which the law currently provides.
The bill provides that the community service shall be of such form and on such terms as the court deems appropriate, but the court may permit the student to perform the community service in the community in which the student resides if the student does not reside in the community in which the school is located.
Under P.L.1981, c.320, smoking is prohibited anywhere in the buildings of a public school and in the classrooms, lecture halls and auditoriums of private schools, higher education facilities and professional training schools and in any other areas designated by the governing body or administrator of the facility.
Permits judges to order community service for persons under 18 who smoke in school.