HOUSE DOCKET, NO. 612 FILED ON: 1/11/2019
HOUSE . . . . . . . . . . . . . . . No. 1909
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The Commonwealth of Massachusetts
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PRESENTED BY:
James K. Hawkins
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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: |
James K. Hawkins | 2nd Bristol | 1/11/2019 |
Paul R. Feeney | Bristol and Norfolk | 1/31/2019 |
Mary S. Keefe | 15th Worcester | 1/28/2019 |
HOUSE DOCKET, NO. 612 FILED ON: 1/11/2019
HOUSE . . . . . . . . . . . . . . . No. 1909
By Mr. Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1909) of James K. Hawkins, Paul R. Feeney and Mary S. Keefe 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. 1170 OF 2017-2018.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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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.