New Jersey A 4304: Prohibits smoking in automobile when children are present.

Bill Text

ASSEMBLY, No. 4304

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED JUNE 20, 2022

Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)

SYNOPSIS
Prohibits smoking in automobile when children are present.

CURRENT VERSION OF TEXT
As introduced.

A4304 MURPHY
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AN ACT concerning smoking in automobiles and supplementing 1
Title 26 of the Revised Statutes. 2
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BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
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1. a. Notwithstanding any provision of law to the contrary, 7
smoking is prohibited in an automobile, as defined in R.S.39:1-1, 8
when a child 17 years of age or younger is present. 9
b. For purposes of this section, "smoking" means the burning 10
of, inhaling from, exhaling the smoke from, or the possession of a 11
lighted cigar, cigarette, pipe, or any other matter or substance which 12
contains tobacco or any other matter that can be smoked, or the 13
inhaling or exhaling of smoke or vapor from an electronic smoking 14
device. 15
c. A person who violates the provisions of this section shall be 16
fined $100 for a first offense and $200 for a second or subsequent 17
offense. No motor vehicle points or automobile insurance eligibility 18
points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall 19
be assessed for this offense. A person shall not be subject to a 20
surcharge under the Motor Vehicle Violations Surcharge System as 21
provided in section 6 of P.L.1983, c.65 (C.17:29A-35) for violation 22
of this section. 23
d. The penalties assessed under this section shall be payable to 24
the State Treasurer and shall be appropriated to the Department of 25
Health to fund anti-smoking initiatives in the State. 26
e. The Chief Administrator of the New Jersey Motor Vehicle 27
Commission shall establish a public awareness campaign to inform 28
the public about the provisions of this act. 29
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2. This act shall take effect on the 60th day following 31
enactment. 32
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STATEMENT 35
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This bill prohibits smoking in an automobile when a child 17 37
years of age or younger is present. As used in this bill, "smoking" 38
means the burning of, inhaling from, exhaling the smoke from, or 39
the possession of a lighted cigar, cigarette, pipe, or any other matter 40
or substance which contains tobacco or any other matter that can be 41
smoked, or the inhaling or exhaling of smoke or vapor from an 42
electronic smoking device. 43
A person who violates the provisions of the bill would be fined 44
$100 for a first offense and $200 for the second or subsequent 45
offense, and the penalty assessed would be appropriated to the 46
Department of Health to fund anti-smoking initiatives in the State. 47

A4304 MURPHY
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The provisions of the bill stipulate that no motor vehicle or 1
automobile insurance eligibility points or surcharge under the 2
Motor Vehicle Violations Surcharge System would result from a 3
violation of the provisions of the bill. 4
The bill also requires the Chief Administrator of the New Jersey 5
Motor Vehicle Commission to establish a public awareness 6
campaign to inform the public about the provisions of the bill. 7