Sponsored by:
Assemblyman CHRISTOPHER J. BROWN
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Prohibits smoking on property acquired or developed for recreation and conservation purposes by local government units of nonprofit organizations using State funds.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting smoking on certain property acquired or developed for recreation and conservation purposes and supplementing P.L.1999, c.152 (C.13:8C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Smoking or carrying lighted tobacco is prohibited at any property acquired or developed by a local government unit or qualifying tax exempt nonprofit organization for recreation and conservation purposes with the assistance, in whole or in part, of State funds.
b. A person who violates subsection a. of this section shall be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense and not less than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed for such a violation. The provisions of N.J.S.2C:33-13 shall not apply to a violation of this section.
c. A county or municipality shall enforce subsection a. of this section and shall collect any fines assessed, to be used by the county or municipality to further the purposes of this act.
d. The Department of Environmental Protection shall notify all local government units and qualifying tax exempt nonprofit organizations that have received or applied to receive State funds towards the acquisition or development of land for recreation and conservation purposes about the smoking restrictions established pursuant to subsection a. of this section.
e. As used in this section, “State funds” means any constitutionally dedicated moneys or funding provided from a Green Acres bond act or an appropriation or other form of funding made available by the State to a local government unit or qualifying tax exempt nonprofit organization for the purpose of acquiring or developing land for recreation and conservation purposes.
2. This act shall take effect on the 90th day after the date of enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would prohibit smoking or carrying lighted tobacco at any property acquired or developed by a local government unit or qualifying tax exempt nonprofit organization for recreation and conservation purposes with the assistance, in whole or in part, of State funds.
Under the bill, “State funds” are defined to mean any constitutionally dedicated moneys or funding provided from a Green Acres bond act or an appropriation or other form of funding made available by the State to a local government unit or qualifying tax exempt nonprofit organization for the purpose of acquiring or developing land for recreation and conservation purposes. Green Acres bond acts provide funding, to the State, local government units, and qualified tax exempt nonprofit organizations, for the acquisition or development of lands for recreation and conservation purposes (e.g., open space preservation, such as park development, and historic preservation) or for farmland preservation purposes.
A person who violates the smoking restrictions set forth in the bill would be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense and not less than $1,000 for each subsequent offense. A municipal court would have jurisdiction over proceedings to enforce and collect any penalty imposed for such a violation. A county or municipality would enforce the smoking ban and collect any fines assessed, to be used by the county or municipality to further the purposes of this bill.