New Jersey-2012-A2478-Introduced

An Act concerning the use, possession, and purchase of tobacco products by persons under the age of 19, supplementing P.L.1978, c.95 (C.2C:33-13) and amending P.L.2000, c.87.

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

1. (New Section) a. Any person under the age of 19 who smokes or carries lighted tobacco in any public place shall be fined $100 for the first offense, $250 for the second offense, and $500 for the third and each subsequent offense.

b. When a person under the age of 19 is convicted of a third offense, the court shall also suspend or postpone the driving privilege of the defendant for one year. Upon the conviction of any person for their third offense under this section, the court shall forward a report to the New Jersey Motor Vehicles commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

2. Section 1 of P.L.2000, c.87 (C.2A:170-51.4) is amended to read as follows:

1. a. No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person under 19 years of age:

(1) any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco; or

(2) any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo,
or pipe, or any cartridge or other component of the device or related product.

b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:

(1) that the purchaser of the tobacco product or electronic smoking device or the recipient of the promotional sample falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, or a photographic identification card issued by a county clerk, that the purchaser or recipient was of legal age to make the purchase or receive the sample;

(2) that the appearance of the purchaser of the tobacco product or electronic smoking device or the recipient of the promotional sample was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to make the purchase or receive the sample; and

(3) that the sale or distribution of the tobacco product or electronic smoking device was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to make the purchase or receive the sample.

c. (1) A person who violates the provisions of subsection a. of this section, including an employee of a retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.) who actually sells or otherwise provides a tobacco product to a person under 19 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation.

(2) The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.

d. In addition to the provisions of subsection c. of this section, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation of the provisions of subsection a. of this section, revoke the license issued under section 202 of P.L.1948, c. 65 (C.54:40A-4) of a retail dealer. The licensee shall be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.

e. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 3 of P.L.1999, c. 90 (C.2C:33-13.1).

f. A person under the age of 19 years who purchases, attempts to purchase, or misrepresents his age for the purpose of purchasing a tobacco product shall be liable to a civil penalty of not more than $100. The penalty shall be recovered in the same manner as set forth in paragraph (2) of subsection c. of this section.

(cf: P.L. 2009, c.182, s.3)

3. This act shall take effect immediately.

STATEMENT

According to a survey by the Department of Health and Senior Services, one-third of New Jersey high school students smoke at least occasionally. Moreover, the American Cancer Society has found that 90% of all smokers begin to smoke before they turn 18 years old. Thus, preventing young people from starting to use tobacco is the key to reducing the death and disease caused by tobacco use. This bill is intended to help prevent smoking among minors by prohibiting the possession and purchase of tobacco products by persons under the age of 19. Nineteen states have passed laws that penalize minors for the purchase, use or possession of tobacco products.

This bill prohibits the use or possession of tobacco products by persons under the age of 19. A violator would be liable to a civil penalty of $100 for the first offense, $250 for the second offense, and $500 for the third or subsequent offense. In addition, a third or subsequent offender would have his driver's license suspended or postponed for one year.

This bill also makes it unlawful for a person less than 19 years of age to purchase, attempt to purchase, or misrepresent his age for the purpose of purchasing tobacco products. A civil penalty of not more than $100 would be imposed for this violation.