Bill Text: NJ A5618 | 2018-2019 | Regular Session | Introduced
Bill Title: Increases penalties for sale of tobacco and electronic smoking devices to persons under age 21.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-06-17 - Introduced, Referred to Assembly Health and Senior Services Committee [A5618 Detail]
Download: New_Jersey-2018-A5618-Introduced.html
Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Increases penalties for sale of tobacco and electronic smoking devices to persons under age 21.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of tobacco and electronic smoking devices and amending P.L.2000, c.87.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 21 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. 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 21 years of age, shall be liable to a civil penalty of not less than [$250] $500 for the first violation, not less than [$500] $1,000 for the second violation, and [$1,000] $2,500 for the third and each subsequent violation, plus an additional civil penalty of not less than $500 for any violation that occurs on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board. 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, except that, in the case of a civil penalty recovered for a violation of subsection a. of this section that occurs on or within 1,000 feet of any property used for school purposes, 95 percent of the total amount of all such penalties shall be paid into the General Fund and annually appropriated to the Department of Health to fund youth smoking prevention programs, regional centers to promote smoking cessation, referrals to smoking cessation resources, and any other smoking prevention and cessation programs as may be developed or administered by the department.
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).
(cf: P.L.2017, c.118, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill increases the civil penalties that may be assessed for selling tobacco products and electronic smoking devices to persons under the age of 21. Current law provides that the offense is punishable by a civil penalty of not less than $250 for a first offense, not less than $500 for a second offense, and $1,000 for a third or subsequent offense. The bill increases these penalties to not less than $500 for a first offense, not less than $1,000 for a second offense, and $2,500 for a third or subsequent offense. Additionally, the bill imposes a new, separate civil penalty of not less than $500 for any violation that occurs on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board.
The bill provides that 95 percent of the penalties collected for violations that occur in a school zone are to be appropriated to the Department of Health to fund youth smoking prevention programs, regional smoking cessation centers, referrals to smoking cessation resources, and any other smoking prevention and cessation programs as may be developed or administered by the department.
