Bill Text: NJ S1894 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits use of tobacco products on the grounds of any public or private institution of higher education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-27 - Introduced in the Senate, Referred to Senate Higher Education Committee [S1894 Detail]
Download: New_Jersey-2014-S1894-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits use of tobacco products on the grounds of any public or private institution of higher education.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of tobacco products on the premises of institutions of higher education and amending P.L.2005, c.383, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2005, c.383 (C.26:3D-57) is amended to read as follows:
3. As used in this act:
"Bar" means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages.
"Cigar bar" means any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
"Cigar lounge" means any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
"Electronic smoking device" means an electronic 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.
"Indoor public place" means a structurally enclosed place of business, commerce, or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased, or rented by the State or by a county or municipal government; public [and] or nonpublic elementary or secondary school building; public or private institution of higher education building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel, or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
"Person having control of an indoor public place or workplace" means the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased.
"Smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
"Tobacco retail establishment" means an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
"Workplace" means a structurally enclosed location or portion thereof at which a person performs any type of service or labor.
(cf: P.L.2009, c.182, s.2)
2. Section 4 of P.L.2005, c.383 (C.26:3D-58) is amended to read as follows:
4. a. Smoking is prohibited in an indoor public place or workplace, except as otherwise provided in this act.
b. Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
c. Smoking is prohibited in any area of any building of, or on the grounds of, or in any facility owned, leased, or controlled by, any public or private institution of higher education or a related entity thereof, regardless of whether the area or facility is an indoor public place or is outdoors. As used in this subsection, "related entity" includes, but is not limited to, the foundation, auxiliary services corporation, or alumni association, or any subsidiary thereof, of an institution of higher education.
(cf: P.L.2005, c.383, s.4)
3. (New section) In addition to the prohibition on smoking provided in subsection c. of section 4 of P.L.2005, c.383 (C.26:3D-58), the use of chewing tobacco, or any other tobacco product the use of which does not require smoking as defined in section 3 of P.L.2005, c.383 (C.26:3D-57), is prohibited in any area of any building of, or on the grounds of, or in any facility owned, leased, or controlled by, any public or private institution of higher education or a related entity thereof, regardless of whether the area or facility is an indoor public place or is outdoors. As used in this subsection, "related entity" includes, but is not limited to, the foundation, auxiliary services corporation, or alumni association, or any subsidiary thereof, of an institution of higher education.
4. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as the commissioner determines necessary to effectuate the purposes of this act.
5. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill amends the "New Jersey Smoke-Free Air Act" to prohibit smoking in any area of any building of, or on the grounds of, or in any facility owned, leased, or controlled by, any public or private institution of higher education in this State or a related entity thereof, regardless of whether the area or facility is an indoor public place or is outdoors.
The bill defines "related entity" to include, but not be limited to, the foundation, auxiliary services corporation, or alumni association of an institution of higher education, or any subsidiary of such an entity.
In addition, the provisions of this bill go beyond the scope of the "New Jersey Smoke-Free Air Act" to prohibit, in any venue that is specified in this bill, the use of chewing tobacco, or any other tobacco product the use of which does not require smoking.
The bill takes effect on the first day of the fourth month following enactment, but authorizes the Commissioner of Health to take prior administrative action as necessary for its implementation.
