HOUSE DOCKET, NO. 4390 FILED ON: 12/29/2015
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The Commonwealth of Massachusetts
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PRESENTED BY:
Diana DiZoglio, (BY REQUEST)
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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 prohibiting smoking in a motor vehicle when a child is present.
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PETITION OF:
Name: | District/Address: | Date Added: |
Susan Bowser | 261 Oak St. Methuen, MA 01844 | 12/29/2015 |
HOUSE DOCKET, NO. 4390 FILED ON: 12/29/2015
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By Ms. DiZoglio of Methuen (by request), a petition (subject to Joint Rule 12) of Susan Bowser for legislation to establish a civil penalty for smoking in a motor vehicle when a child is present. The Judiciary. |
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 prohibiting smoking in a motor vehicle when a child is present.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 13B the following section:-
Section 13C. (a) As used in this section, the following words shall have the following meaning:
“Smoke”, the lighting of a cigar, cigarette, pipe, or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled.
“Stationary”, used to describe a motor vehicle that is parked or turned off.
(b) No person shall smoke in a motor vehicle, whether in motion or stationary, when a child under the age of 16 is present in the motor vehicle.
(c) The provisions of this section shall be enforced by state and municipal law enforcement agencies only when: (1) the motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense; or (2) the motor vehicle is stationary.
(d) A person who violates this section shall be subject to a civil penalty of $100 for each violation. A violation of this section shall be considered a civil motor vehicle infraction under section 3 of chapter 90C. Any person who receives a citation for violating this section may contest such citation pursuant to section 3 of chapter 90C.
(e) A violation of this section shall not be considered a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section 113B of chapter 175. A motor vehicle, the contents of the motor vehicle, or the operator or passenger in the motor vehicle may not be inspected or searched solely because of a violation of this section.