Revises "New Jersey Smoke-Free Air Act" to prohibit smoking at certain outdoor public places.

S3222

SENATE, No. 3222

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Revises �New Jersey Smoke-Free Air Act� to prohibit
smoking at certain outdoor public places.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning smoking at public places and amending
P.L.2005, c.383 and
P.L.2018, c.64
.

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

���� 1.��� Section 2 of P.L.2005,
c.383 (C.26:3D-56) is amended to read as follows:���

���� 2.��� The Legislature finds
and declares that:

���� a.���� Tobacco is the leading
cause of preventable disease and death in the State and the nation;

���� b.��� Tobacco smoke
constitutes a substantial health hazard to the nonsmoking majority of the
public;

���� c.���� Electronic smoking
devices have not been approved as to safety and efficacy by the federal Food
and Drug Administration, and their use may pose a health risk to persons
exposed to their smoke or vapor because of a known irritant contained therein
and other substances that may, upon evaluation by that agency, be identified as
potentially toxic to those inhaling the smoke or vapor;

���� d.��� The separation of
smoking and nonsmoking areas in indoor public places and workplaces does not
eliminate the hazard to nonsmokers if these areas share a common ventilation
system;

���� e.���� The prohibition of
smoking at
outdoor
public
places, including
parks and beaches
,

would better preserve and maintain the natural assets of this State by reducing
litter and increasing fire safety in those areas, while lessening exposure to
secondhand tobacco smoke and providing for a more pleasant
[
park or beach
]

outdoor

experience for the public; and

���� f.���� Therefore, subject to
certain specified exceptions, it is clearly in the public interest to prohibit
the smoking of tobacco products and the use of electronic smoking devices in
all enclosed indoor places of public access and workplaces and at all
outdoor

public
[
parks
and beaches
]

places
.

(cf: P.L.2018, c.64, s.1)

���� 2.��� 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 nonpublic elementary or secondary school 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.

���� "Person having control of

[
a
]

an outdoor

public
[
park
or beach
]
place
"
means the person having supervisory authority over
[
a
]

an outdoor
public
[
park or beach
]
place

or that person's designee, as applicable.

����
�Outdoor public place�
means an outdoor area within any of the following places, whether publicly or
privately owned or operated on a for-profit or nonprofit basis: a race track
facility, facility used for the holding of sporting events, ambulatory recreational
facility, or amusement park. �Outdoor public place� also means any State,
county, or municipal-owned or leased park, forest, beach, boardwalk,
recreational area, marina, historic site, burial site, natural area, or other
State-owned or leased land, water, or facility administered by the Department
of Environmental Protection, but not including a wildlife management area or
reservoir land. An outdoor public place does not include a parking lot that is
adjacent to but not part of its premises.

����
[
"Public park or beach"
means a State park or forest, a county or municipal park, or a State, county,
or municipal beach, but does not include any parking lot that is adjacent to,
but outside of, the public park or beach.
]

���� "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.

���� "State park or
forest" means any State owned or leased land, water or facility
administered by the Department of Environmental Protection, including, but not
limited to, a park, forest, recreational area, marina, historic site, burial
site, or natural area, but not including a wildlife management area or
reservoir land.

���� "Tobacco retail
establishment" means an establishment in which at least
[
5 %
]

five
percent
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.2018, c.64, s.2)

���� 3.��� Section 4 of P.L.2005,
c.383 (C.26:3D-58) is amended to 38 read as follows:

���� 4.��� a.� Smoking is
prohibited at the following locations: an indoor public place, a workplace,
[
a
]

an outdoor

public
[
park
or beach
]

place
, and the outdoor passenger pick-up and drop-off area of an airport
that is not owned or operated by a federal or military authority, 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.

(cf: P.L.2019, c.496, s.1)

���� 4.��� Section 5 of P.L.2018,
c.64 (C.26:3D-61.1) is amended to read as follow:�

���� 5.��� The Department of
Environmental Protection, a municipality, or a county in this State having
jurisdiction over
[
a
]

an outdoor

public
[
park
or beach
]

place
on which smoking is prohibited pursuant to this act, P.L.2018,
c.64 (C.26:3D-61.1 et al.), may take measures to educate the public about the
prohibitions and penalties herein established, to support smoke-free
[
parks and
beaches
]

outdoor public places
. The Department of Environmental Protection is
directed to provide information and assistance to counties and municipalities,
as determined appropriate by the Commissioner of Environmental Protection and
within the limits of resources available to the department for this purpose, to
support smoke-free
outdoor
public
[
parks
and beaches
]

places
.

(cf: P.L.2018, c.64, s.5)

���� 5.��� Section 8 of P.L.2005, c.383
(C.26:3D-62) is amended to read as follows:

���� 8.��� a.� The person having
control of an indoor public place or workplace shall order any person smoking
in violation of this act to comply with the provisions of this act.� A person,
after being so ordered, who smokes in violation of this act is subject to a
fine of not less than $250 for the first offense, $500 for the second offense
and $1,000 for each subsequent offense.� A penalty shall be recovered in
accordance with the provisions of subsections c. and d. of this section.

���� b.��� The Department of Health
or the local board of health or the board, body, or officers exercising the
functions of the local board of health according to law, upon written complaint
or having reason to suspect that an indoor public place or workplace covered by
the provisions of this act is or may be in violation of the provisions of this
act, shall, by written notification, advise the person having control of the
place accordingly, and order appropriate action to be taken.� A person
receiving that notice who fails or refuses to comply with the order is subject
to a fine of not less than $250 for the first offense, $500 for the second
offense, and $1,000 for each subsequent offense.� In addition to the penalty
provided herein, the court may order immediate compliance with the provisions
of this act.

���� c.���� A penalty recovered
under the provisions of this act shall be recovered by and in the name of the
Commissioner of Health or by and in the name of the local board of health.�
When the plaintiff is the Commissioner of Health, the penalty recovered shall
be paid by the commissioner into the treasury of the State.� When the plaintiff
is a local board of health, the penalty recovered shall be paid by the local
board into the treasury of the municipality where the violation occurred.

���� d.��� The Superior Court or a
municipal court shall have jurisdiction over proceedings to enforce and collect
any penalty imposed because of a violation of this act if the violation has
occurred within the territorial jurisdiction of the court, except that the
Superior Court shall have exclusive jurisdiction over violations that occur in
an indoor public place or
[
a
]

an outdoor

public
[
park
or beach
]

place
that may be issued against a State or local government entity
pursuant to subsection b. of this section.� The proceedings shall be summary
and in accordance with the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.).� Process shall be in the nature of a
summons and shall issue only at the suit of the Commissioner of Health, or the
local board of health, as the case may be, as plaintiff.

���� e.���� The penalties provided
in subsections a. and b. of this section shall be the only civil remedy for a
violation of this act, and there shall be no private right of action against a
party for failure to comply with the provisions of this act.

���� f.���� A penalty may be
imposed and recovered for a violation at
[
a
]

an outdoor

public
[
park
or beach
]

place
and, if so imposed and recovered, it shall be done in accordance
with the provisions of this section, and shall involve the person having
control of
[
a
]

an outdoor

public
[
park
or beach
]

place
, the Department of Health or the local board of health or the
board, body, or officers exercising the functions of the local board of health
according to law, and the courts, as provided in this section, except that any
penalty recovered for a violation at
[
a
]

an outdoor

public
[
park
or beach
]

place
that is recovered by and in the name of the Commissioner of Health
or by and in the name of the local board of health shall be paid 50 percent to
the Treasury of the State and be dedicated to smoking cessation programs
administered by the State Department of Health, and 50 percent shall be paid to
the treasury of the municipality where the violation occurred.

(cf: P.L.2018, c.64, s.6)

���� 6.��� Section 9 of P.L.2005,
c.383 (C.26:3D-63) is amended to 14 read as follows:

���� 9.��� The provisions of this
act shall supersede any other statute, municipal ordinance and rule or
regulation adopted pursuant to law concerning smoking in an indoor public place
or workplace or at
[
a
]

an outdoor

public
[
park
or beach
]

place
, except where smoking is prohibited by municipal ordinance under
authority of R.S.40:48-1 or 40:48-2, or by any other statute or regulation
adopted pursuant to law for purposes of protecting life and property from fire
or protecting public health, and except for those provisions of a municipal
ordinance which provide restrictions on or prohibitions against smoking
equivalent to, or greater than, those provided under this act.

(cf: P.L.2018, c.64, s.7)

���� 7.��� This act shall take
effect immediately.

STATEMENT

���� This bill revises the �New
Jersey Smoke-Free Air Act� to prohibit smoking at certain public places.� Under
the revisions in the bill, smoking is to be prohibited in the following
locations: race track facilities, facilities used for sporting events, ambulatory
recreational facilities, amusement parks, recreational areas, marinas, historic
sites, burial sites, natural areas, and boardwalks.