HOUSE DOCKET, NO. 161 FILED ON: 1/12/2015
HOUSE . . . . . . . . . . . . . . . No. 1976
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The Commonwealth of Massachusetts
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PRESENTED BY:
Paul R. Heroux
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect little lungs.
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PETITION OF:
Name: | District/Address: | Date Added: |
Paul R. Heroux | 2nd Bristol | 1/12/2015 |
Brian M. Ashe | 2nd Hampden | 1/26/2015 |
Cory Atkins | 14th Middlesex | 1/23/2015 |
Thomas J. Calter | 12th Plymouth | 2/3/2015 |
Josh S. Cutler | 6th Plymouth | 1/21/2015 |
Marjorie C. Decker | 25th Middlesex | 2/3/2015 |
Thomas A. Golden, Jr. | 16th Middlesex | 2/3/2015 |
Mary S. Keefe | 15th Worcester | 2/4/2015 |
Jason M. Lewis | Fifth Middlesex | 1/27/2015 |
James R. Miceli | 19th Middlesex | 2/4/2015 |
Michael O. Moore | Second Worcester | 1/23/2015 |
Kathleen O'Connor Ives | First Essex | 2/3/2015 |
HOUSE DOCKET, NO. 161 FILED ON: 1/12/2015
HOUSE . . . . . . . . . . . . . . . No. 1976
By Mr. Heroux of Attleboro, a petition (accompanied by bill, House, No. 1976) of Paul R. Heroux and others for legislation to prohibit smoking in motor vehicles in which young children are passengers. Public Health. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1984 OF 2013-2014.]
The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act to protect little lungs.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 7AA of Chapter 90 of the General Laws is hereby amended by adding the following subsection at the end thereof:
(1) No person or persons shall be allowed to smoke, as defined in Section 22, Chapter 270 of the General Laws, in a motor vehicle in which a child is required by the provisions of this chapter to be secured by a by a child passenger restraint.
An operator or passenger of a motor vehicle who violates the provisions of this section shall be subject to a fine of $100.
The provisions of this section shall be enforced by law enforcement agencies. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. For a period of 90 days following the effective date of this act, any law enforcement official who stops a motorist solely because of a violation of this section shall not issue a citation, but shall issue a verbal or written warning.
A violation of this section shall not be used as evidence of contributory negligence in any civil action.
A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.