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| 2 | 2 | | HOUSE DOCKET, NO. 459 FILED ON: 1/13/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2191 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James K. Hawkins |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to protect little lungs. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/13/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 459 FILED ON: 1/13/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2191 |
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| 18 | 18 | | By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2191) of |
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| 19 | 19 | | James K. Hawkins for legislation to prohibit smoking in motor vehicles in which young children |
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| 20 | 20 | | are passengers. Public Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 2315 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act to protect little lungs. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 7AA of Chapter 90 of the General Laws is hereby amended by |
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| 32 | 32 | | 2adding the following subsection at the end thereof: |
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| 33 | 33 | | 3 (1) No person or persons shall be allowed to smoke, as defined in Section 22, Chapter |
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| 34 | 34 | | 4270 of the General Laws, in a motor vehicle in which a child is required by the provisions of this |
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| 35 | 35 | | 5chapter to be secured by a child passenger restraint. |
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| 36 | 36 | | 6 An operator or passenger of a motor vehicle who violates the provisions of this section |
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| 37 | 37 | | 7shall be subject to a fine of $100. |
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| 38 | 38 | | 8 Law enforcement agencies shall enforce the provisions of this section. A law |
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| 39 | 39 | | 9enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a 2 of 2 |
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| 40 | 40 | | 10passenger solely because of a violation of this section. For a period of 90 days following the |
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| 41 | 41 | | 11effective date of this act, any law enforcement official who stops a motorist solely because of a |
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| 42 | 42 | | 12violation of this section shall not issue a citation but shall issue a verbal or written warning. |
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| 43 | 43 | | 13 A violation of this section shall not be used as evidence of contributory negligence in any |
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| 44 | 44 | | 14civil action. |
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| 45 | 45 | | 15 A person who receives a citation for a violation of any of the provisions of this section |
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| 46 | 46 | | 16may contest such citation pursuant to section three of chapter ninety C. A violation of this |
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| 47 | 47 | | 17section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws |
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| 48 | 48 | | 18for the purpose of determining surcharges on motor vehicle premiums pursuant to section one |
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| 49 | 49 | | 19hundred and thirteen B of chapter one hundred and seventy-five. |
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