SENATE HEALTH COMMITTEE

STATEMENT TO

SENATE, No. 599

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 15, 1997

      The Senate Health Committee reports favorably Senate Bill No. 599 with committee amendments.

      As amended by the committee, this bill prohibits smoking in an indoor area of a child care center when children are present and in all vehicles when used for center-sponsored transportation. The bill also prohibits smoking 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.

      In addition, the amended bill requires the sponsor or other person who has control of the child care center to post a sign in the child care center which is clearly visible to employees and the public stating "Smoking Prohibited" or "Smoking Prohibited When Children Are Present," as appropriate, in lettering not less than one inch in height or which provides the "Smoking Prohibited" international symbol. The letters or symbol are to contrast in color with the sign.

      The bill provides that the Department of Human Services may deny, suspend, revoke or refuse to renew a child care center's license for failure to comply with the provisions of the bill.

      "Smoking" is defined in the bill as the burning of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco.

      The bill takes effect on the 60th day after its enactment.

      The committee amendments:

∙    change the prohibition against smoking in and on the grounds of child care centers to a prohibition against smoking in an indoor area of a child care center when children are present;

∙    stipulate that 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; and

∙    delete references to a monetary penalty for violations of the provisions of the bill and, instead, make such violations grounds for a denial, suspension, revocation or refusal to renew a child care center's license under the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).

      As amended by committee, this bill is identical to Assembly Bill No. 1256 (2R) (Russo/Zecker), which is pending before the General Assembly.