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.