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Thread: Smoking Laws in New Jersey

  1. #1
    New Jersey Ambassador Admin & Founder JerseyDevil's Avatar
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    Default Smoking Laws in New Jersey

    First off, I should state I am NOT a smoker and have NEVER smoked. I think it's disgusting. That having been said I also think it's completely ridiculous that some legislator wishes to make smoking illegal in one's own car. Welcome to the nanny state/big brother of government. This is completely getting out of control now.

    I liked what one news reporter on Fox News asked a supporter of the bill - how is smoking in a car any more distracting than having to search for change in order to pay a toll? That had the person stumped and he knew she had him then.

    How far can we let government dictate our lives? I'm afraid to find out.

    Article Excerpt: ASSEMBLY, No. 4306 As introduced. STATE OF NEW JERSEY, 211th LEGISLATURE INTRODUCED JUNE 27, 2005

    Sponsored by: Assemblyman JOHN F. MCKEON, District 27 (Essex); Assemblywoman LORETTA WEINBERG, District 37 (Bergen)

    SYNOPSIS: Prohibits smoking while driving.

    An Act prohibiting smoking while driving and supplementing chapter 4 of Title 39 of the Revised Statutes.

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

    1. a. Smoking by an operator of a moving motor vehicle on a public road or highway shall be unlawful. For the purposes of this act, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.

    b. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.

    c. A person who violates this section shall be fined no less than $100 nor more than $250.

    d. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

    e. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

    2. This act supersedes and preempts all ordinances of any county or municipality with regard to smoking by an operator of a motor vehicle.

    3. This act shall take effect on the first day of the seventh month after enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory actions in advance of that date as may be necessary for the timely implementation of this act.

    STATEMENT This bill would prohibit smoking while operating a motor vehicle. The bill defines smoking as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
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    Moderator MITHRANDIR's Avatar
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    Seems to be a grab for money to me. It has been PC for some time to pick on Tobacco for money.

    I guess one could smoke cloves (or other non-tobacco products) and not be in violation of this (dumb IMO) law.

    How smoking of tobacco is any more dangerous than other products is unknown to me.

    IIRC there is a law on the books for careless driving and/or inattentive driving.

    If the state truly cares about my safety, they can have a chauffer drive me from place to place. (just kidding. knowing the state they will not even get that right.)
    Sincerely,
    Anthony


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    New Jerseyan davegering's Avatar
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    Default SMOKING

    So it would be lawful for a passenger to smoke.



    DAVE (also a non smoker who thinks this law is crazy)

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    Recent Resident Radiojoe315's Avatar
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    What I dont understand is how smoking impairs your ability to drive? That hasnt been proven yet. And for that matter doesn't smoking increase your reflexes as it does your heart rate so your more alert to whats going on around you?

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    New Jersey Ambassador Admin & Founder JerseyDevil's Avatar
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    Quote Originally Posted by Radiojoe315
    What I dont understand is how smoking impairs your ability to drive? That hasnt been proven yet. And for that matter doesn't smoking increase your reflexes as it does your heart rate so your more alert to whats going on around you?
    From the statement the legislature made - it doesn't seem to have anything to do with it being distracting - bu has to do with him wanting to get people to quit. I guess his father died recently from smoking related illness. But, hey, we all know smokers aren't the ones actually lighting their cigarettes - right? of course not - the tobacco companies come into their homes and tie them to the chair and force them to smoke.
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  6. #6
    New Jerseyan davegering's Avatar
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    Default To smoke or not to smoke

    Let me start this by saying I am a non smoker but I think that it is crazy to ban smoking from Bars and Restarants. If i choose not to go to a bar because it is to smokey I have a choice the smoker will not. As for the state saying it is for the healt and welfare of the Employees and patrons why are the CASINOS being excluded from this new law. Ah money talks. Coukld it be the Casinos have the politiciens in their back pocket. Not in our state.
    DAVE GERING
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    New Jersey Ambassador Admin & Founder JerseyDevil's Avatar
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    Quote Originally Posted by davegering
    Let me start this by saying I am a non smoker but I think that it is crazy to ban smoking from Bars and Restarants. If i choose not to go to a bar because it is to smokey I have a choice the smoker will not. As for the state saying it is for the healt and welfare of the Employees and patrons why are the CASINOS being excluded from this new law. Ah money talks. Coukld it be the Casinos have the politiciens in their back pocket. Not in our state.
    Dave I wanted to let you know that I merged this with the "Illegal to Smoke in your OWN car?" thread, which is now just called "Smoking Laws in New Jersey"

    Having said that, I agree with you and I am also not a smoker. I think the best thing to do would be to require really good ventilation systems in smokign section, so it doesn't move into the non-smoking sections of restuarants. It would be much better to let the market decided things, than to outrght ban everything. As for banning smoking in bars, that just seems to be the most ridiculous thing. There are several places you expect smoking to be - pool halls, bowling alleys and bars.
    New Jersey is the only state honored by two resorts at Walt Disney World. The Beach Club Resort, modeled after Historic Cape May and The Boardwalk Resort, after Atlantic City. If the Jersey Shore is good enough for Walt Disney to recreate, isn't the REAL Jersey Shore even better for you and your family?

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    New Jersey Ambassador Admin & Founder JerseyDevil's Avatar
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    I'm watching Caucus NJ on WNET and they have Fred Jacobs, Commssionioner of the Dept of Health. He's talking about the the smoking laws in NJ and the full support of thm and how this law is important to get people to become healthier. So My question I ask - when will the nanny state dictate to ME what I eat? Will I no longer be able to buy Doritos? Will I no longer be able to have a hamburger? Will fastfood restaurants be closed down? When will the state stop acting as mother hen and treating adults as children? I'm tired of the nanny state mentality and this is obviously just the first step. You can alreayd see the lawsuits coming up against the fast food industries just like they went up against the tabacco industry. I had always known that smoking was bad for you - it was my decision NOT to smoke. I say grow up and take responsibilty for your own actions. Get the government out of my life and stop dictating to me what I can and can't do.
    New Jersey is the only state honored by two resorts at Walt Disney World. The Beach Club Resort, modeled after Historic Cape May and The Boardwalk Resort, after Atlantic City. If the Jersey Shore is good enough for Walt Disney to recreate, isn't the REAL Jersey Shore even better for you and your family?

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    I can understand the law from the point of view of protecting non-smokers from second hand smoke...but not from the point of view of protecting the health of the smokers. As you said, we have to take responsibility for ourselves, and smoking is a personal choice.

    As a non-smoker who is in a band playing in bars, I must say that the ban has been very positive for me as my clothes, hair, and equipment no longer smell of stale smoke when I get home, and my throat is now never sore at the end of the night as it always used to be. Those were once things I just accepted and dealt with as being part of the bar scene. On the negative side, according to some club owners, they've lost customers...but then again, I see a lot of people going outside to smoke, so I'm not sure how much of an effect it's really had.

    Debbie
    If you're a Jersey musician, please check out my Yahoo! Group, NJ Musician's Network...where you can meet and network with other NJ musicians. Sign up is easy (and free) http://groups.yahoo.com/group/njmusiciansnet/

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    And here I thought that we sent these people to represent us, NOT TO PERFORM SOCIAL ENGINEERING.
    If they want to go after smokers to protect them from themselves then how long until they go after fat people? You can make drive thrus at fast food restaurants illegal. And segment the parking lots so that people above a certain weight have to walk farther to get to the front door. That way they can get some much needed exercise. You have to show ID to buy cigarettes at a convenience store, lets make fat people have to be weighed in before they can buy a Tastykake.
    None of this will work unless we can demonize fat people and show how being fat is unreasonably affecting the non-fats. Fat people can’t turn as easily and normal people while seated in a car, so they are a hazard to driving. They walk slower than normal people and they take up more space, so they are an obstacle that emergency services have to get by incase they need to get by them. That is if they walk at all. If they’re in those “rascals” then those things have to recharged every night putting a greater strain on our power grid. And fat people are known to have higher flatulence. All that methane is known to affect the ozone layer contributing to global warming.
    WHEN ARE YOU PEOPLE GOING TO WAKE UP AND PUT AN END TO SECOND HAND FAT????
    Now let’s talk about children. They’re noisy, they put their dirty little hands on everything, their parents have to by SUVs to cart them to sporting events contributing to pollution and they cause our property taxes to go up. We know what causes them. It’s sex. Oh why, oh why wont anybody do anything about second hand sex?
    (These are parodies. Unless corzine reads these message boards, then you can expect legislation to be passed next week that includes heavy fines for being fat and having kids.)
    Now let’s address the problem with elderly drivers. They are….. What’s that…..? They can vote me out…..? Looks like there is no problem with the elderly.

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    Wink Smoking Ban

    Sometimes we can be so stuck on "what our rights are" instead of why the smoking bans have been enacted. SMOKING KILLS! Non-smokers have a right to breath CLEAN HEALTHY AIR. Unfortunately the tobacco industry has led us to believe that cigarettes are "safer" by using terms like "light", "less tar", etc. It's all BS. That's why the tobacco industry was sued and the states won so much money through the master settlement agreement to educate the public and provide treatment to smokers. Unfortunately, many states use that money to balance budgets. As far as smoking in a car with kids...If you would take the time to learn about how many toxins are in tobacco smoke, with at least 40 being "cancer causing"...how would any one in their right mind smoke around children? Unfortunately, because we have an addiction involved here, parents DO smoke around their children. This second hand smoke is very deadly. So why the law??? Simply put...to protect our kids. Let's use our energy to fight for rights that benefit our kids, not hurt them.
    Thanks.

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    Moderator MITHRANDIR's Avatar
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    Welcome to the board Fred.

    Quote Originally Posted by Fred
    Unfortunately the tobacco industry has led us to believe that cigarettes are "safer" by using terms like "light", "less tar", etc. It's all BS.
    Agreed. I do not think that there are any safe tobacco products.

    Quote Originally Posted by Fred
    Unfortunately, many states use that money to balance budgets.
    Probably true. If politicians truly cared about our health they would have banned smoking. (Too bad that this would mean giving up on the stream of money from cigarette (and other tobacco products) taxes.)

    Quote Originally Posted by Fred
    So why the law??? Simply put...to protect our kids. Let's use our energy to fight for rights that benefit our kids, not hurt them.
    Thanks.
    I do not think it is possible to craft laws to take care of every possible situation that we may find. Ultimately, I do think that people need to take responsibility for what they do and accept the consequences for their actions.
    Sincerely,
    Anthony


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    New Jersey Ambassador Admin & Founder JerseyDevil's Avatar
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    Quote Originally Posted by Fred
    Sometimes we can be so stuck on "what our rights are" instead of why the smoking bans have been enacted. SMOKING KILLS! Non-smokers have a right to breath CLEAN HEALTHY AIR.
    Yes, smoking kills, but so do many other things. There has to be a balance and I don't like the government getting into everything. Instead of having statewide ban on smoking in bars, restaurants, etc, they should have required very good ventilation systems that would remove the smoke from the smoking sections. Then it would be up to the restaurants and bars to determine if they wanted this extra expense. Then there would be SOME smoking restaurants and non-smoking restaurants.

    Unfortunately the tobacco industry has led us to believe that cigarettes are "safer" by using terms like "light", "less tar", etc. It's all BS.
    The only people the tobacco industry would have been able to convince smoking is safe is a complete idiot. For decades it was known that smoking was dangerous and killed. It's like having to be told that eating McDonalds everyday is going to make you fat. Sorry, some idiots just can't be saved. Having the idiots die off used to improve the gene pool of mankind. I say why mess with evolution. The attitude on smoking reminds me of that idiot movie - "Supersize Me"

    That's why the tobacco industry was sued and the states won so much money through the master settlement agreement to educate the public and provide treatment to smokers. Unfortunately, many states use that money to balance budgets.
    Actually - i think the lawsuit was a bunch of BS. First of all - cigarettes are legal. If they're so dangerous, then they should be removed off the market. But then again - didn't they try that with prohibition of alcohol??? That went over well didn't it? The lawsuit was a feel good measure brought on by a bunch of idiots who had known that smoking killed. The lawyers got most of it.

    As far as smoking in a car with kids...If you would take the time to learn about how many toxins are in tobacco smoke, with at least 40 being "cancer causing"...how would any one in their right mind smoke around children? Unfortunately, because we have an addiction involved here, parents DO smoke around their children. This second hand smoke is very deadly. So why the law??? Simply put...to protect our kids. Let's use our energy to fight for rights that benefit our kids, not hurt them.
    Thanks.
    As with everything in life, some parents are idiots. What are we going to have next - police doing spot inspections on homes to see if their smoking in the house when children are present? If it's dangerous in the car, then it's dangerous in the house and I can almost guarantee you that they're spending more time in the house surrounded by smoke than in a car.

    I'm a non-smoker. I think it's gross and a complete waste of money, but so too is stupid feel-good legislation that does nothing constructive.
    New Jersey is the only state honored by two resorts at Walt Disney World. The Beach Club Resort, modeled after Historic Cape May and The Boardwalk Resort, after Atlantic City. If the Jersey Shore is good enough for Walt Disney to recreate, isn't the REAL Jersey Shore even better for you and your family?

    Things to do in NJ: Attraction Guide
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    Quote Originally Posted by Fred
    Non-smokers have a right to breath CLEAN HEALTHY AIR.
    No, you don't. Show me in the Constitution where it says that.
    Even without smoking, you'd be hard pressed to find "clean healthy air" in New Jersey.
    Besides, the WHO found that children of smokers are 22% LESS likely to have cancer when they grow up and that passive smoke can have a beneficial effect on you.
    Last edited by keymanjim; 06-12-2007 at 12:11 PM.

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