ASSEMBLY, No. 1417

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 5, 1996

By Assemblyman GARCIA

An Act prohibiting the sale, transportation and possession of certain spray paints and indelible markers.

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

    1. As used in this act:

    "Indelible marker" means a felt tip marker, china marker or similar device that contains ink that is not water soluble.

    "Spray paint can" means an aerosol or similar spray container which contains paint or pigmented substance.

    2. a. No person shall knowingly:

    (1) sell or offer for sale to the general public a spray paint can unless the can is modified either in its design or its spray technology to severely limit its portability;

    (2) sell or offer to sell to the general public an indelible marker which has a writing surface three-eights of an inch wide or wider; or

    (3) transport, carry, or ship into this State or possess in this State any spray paint can or indelible marker which does not meet the requirements of paragraph (1) or (2), as appropriate, of this subsection a.

    b. The Attorney General shall, within 180 days of the effective date of this act, promulgate regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this bill, including, but not limited to:

    (1) setting standards for determining design and technological modifications which limit the portability of spray paint cans; and

    (2) establishing a procedure for approving spray paint cans meeting the standards set pursuant to parpagraph (1) of this subsection.

    c. A person who knowingly violates any provision of this act shall be fined $500 for the first offense and $1,000 for each subsequent offense.

    3. This act shall take effect immediately, but no person shall be fined pursuant to subsection c. of section 2 of this act for a violation occurring before the regulations required under subsection b. of section 2 of this act have been promulgated.

STATEMENT

    This bill prohibits: the sale of spray paint cans unless the design of the can or the spray technology is modified in some way to severely limit the portability of the spray paint can; the sale of indelible markers which have a writing surface which is three-eights of an inch or wider; and transporting, carrying or shipping into this State or possessing in this State any spray paint can or indelible marker which does not meet the requirements of the bill.

    The Attorney General is required to promulgate regulations, within 180 days of the bill's enactment, which : (1) set out standards for design and technological modifications to reduce the portability of spray paint cans; and (2) establish a procedure for evaluating and approving design and technological modifications which meet such standards.

    The bill provides that a person who knowingly violates any provision of this act shall be fined $500 for the first offense and $1,000 for each subsequent offense.

    Finally, the provisions of this bill are to take effect immediately, but no person shall be fined for a violation until regulations have been promulgated.

Prohibits the sale, transportation and possession of certain spray paints and indelible markers.