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| 2 | 2 | | HOUSE DOCKET, NO. 2286 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2230 |
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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 | | Jay D. Livingstone |
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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 protecting youth from second hand smoke. |
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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:Jay D. Livingstone8th Suffolk1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2286 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2230 |
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| 18 | 18 | | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2230) of |
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| 19 | 19 | | Jay D. Livingstone relative to smoking in multi-unit residential buildings. Public Health. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act protecting youth from second hand smoke. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Section 127A of Chapter 111 of the General Laws, as appearing in the 2018 |
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| 29 | 29 | | 2Official Edition, is hereby amended by adding the following new paragraph: - |
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| 30 | 30 | | 3 Smoking shall be prohibited in multi-unit residential buildings including inside the |
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| 31 | 31 | | 4residential units of the building, and inside commercial space in or physically attached to the |
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| 32 | 32 | | 5residential building, for which the municipal authorization of residential occupancy for any part |
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| 33 | 33 | | 6of the building issues on or after January 1, 2022; and thereafter, smoking shall be prohibited in |
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| 34 | 34 | | 7all other multi-unit residential buildings including inside the residential units of the building, and |
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| 35 | 35 | | 8inside commercial space in or physically attached to the residential building in the building, by |
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| 36 | 36 | | 9January 1, 2023. |
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| 37 | 37 | | 10 “Multi-unit Residence” means property containing two (2) or more Units, including, but |
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| 38 | 38 | | 11not limited to, apartment buildings, condominium buildings, senior and assisted living facilities, |
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| 39 | 39 | | 12and long-term health care facilities, but does not include a single-family home physically 2 of 2 |
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| 40 | 40 | | 13detached from another residential or commercial structure, except if and when used as a |
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| 41 | 41 | | 14healthcare or childcare services subject to municipal or state licensing requirements or wherever |
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| 42 | 42 | | 15else smoking is prohibited. |
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| 43 | 43 | | 16 “in Multi-unit Residence” shall include decks, patios, porches, open windows and doors, |
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| 44 | 44 | | 17exterior stairs, means of egress and ingress, and other like areas immediately outside the Multi- |
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| 45 | 45 | | 18unit Residence that are under the control of the building owner and from where smoke drifts into |
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| 46 | 46 | | 19any part of the Multi-unit Residence. |
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| 47 | 47 | | 20 ''Smoking'' means the lighting or possessing of a lighted of a cigar, cigarette, pipe or other |
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| 48 | 48 | | 21tobacco product or non-tobacco product including designed to be combusted and inhaled, |
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| 49 | 49 | | 22including marijuana. Smoking shall not mean the heating of marijuana that does not cause |
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| 50 | 50 | | 23combustion. |
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| 51 | 51 | | 24 SECTION 2. Section 127C of Chapter 111 of the General Laws, as appearing in the 2018 |
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| 52 | 52 | | 25Official Edition, is hereby amended by striking the words “tenant” wherever it appears, and |
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| 53 | 53 | | 26inserting in place thereof “tenant or condominium unit owner.” |
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| 54 | 54 | | 27 SECTION 3. The Massachusetts Department of Public Health shall promulgate |
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| 55 | 55 | | 28regulations for the implementation and enforcement of this Act. Nothing in this Act shall |
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| 56 | 56 | | 29prohibit landlords or condominium associations from prohibiting smoking throughout their |
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| 57 | 57 | | 30buildings, including inside units, or on their property before the effective dates of this Act. |
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| 58 | 58 | | 31Nothing in this Act shall preempt further restriction by the Commonwealth or any department, |
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| 59 | 59 | | 32agency or political subdivision of the Commonwealth. |
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