Bill Text: NJ A3975 | 2016-2017 | Regular Session | Amended
Bill Title: Permits smoking in certain facilities for purpose of medical or health-related scientific research.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2018-01-08 - Approved P.L.2017, c.271. [A3975 Detail]
Download: New_Jersey-2016-A3975-Amended.html
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywoman Spencer and Assemblyman Peterson
SYNOPSIS
Permits smoking in certain facilities for purpose of medical or health-related scientific research.
CURRENT VERSION OF TEXT
As reported by the Assembly Health and Senior Services Committee on June 19, 2017, with amendments.
An Act permitting smoking in certain facilities for the purpose of medical or health-related scientific research and amending P.L.2005, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2005, c.383 (C.26:3D-59) is amended to read as follows:
5. The provisions of this act shall not apply to:
a. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located. The registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the cigar bar or lounge generated 15% or more if its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and (2) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;
b. any tobacco retail establishment, or any area the tobacco retail establishment provides for the purposes of smoking;
c. any tobacco business when the testing of a cigar or pipe tobacco by heating, burning or smoking is a necessary and integral part of the process of making, manufacturing, importing or distributing cigars or pipe tobacco;
d. private homes, private residences and private automobiles; [and]
e. the area within the perimeter of:
(1) any casino as defined in section 6 of P.L.1977, c.110 (C.5:12-6) approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, 10 table games, or some combination thereof approved by the commission, which machines and games are available to the public for wagering; and
(2) any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least 10 table games, which simulcast facilities and games are available to the public for wagering; and
f. 1[any laboratory or other facility that has] research laboratories and other facilities that have1 been approved by the Department of Health to permit smoking for the purpose of medical 1[or health-related scientific]1 research 1related to the health effects of smoking, in an indoor facility that is separately ventilated for the purpose of medical or scientific research that is conducted under physician supervision and has been approved by an Investigational Review Board (IRB), if the facility is used solely and exclusively for clinical research activities1.
(cf: P.L.2005, c.383, s.5)
2. This act shall take effect immediately.