By Mr. Frost of Auburn (by request), petition (accompanied by bill, House, No. 3486) of Donna Peters for legislation to impose a penalty for operating a motor vehicle while smoking if children are riding as passengers in such vehicle.  Transportation.

The Commonwealth of Massachusetts

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PETITION OF:

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In the Year Two Thousand and Seven.

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An Act making it a penalty for operating a motor vehicle while smoking with children.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

        Notwithstanding the provisions of any general or special law to the contrary, it shall be a statewide policy making it a primary offense for any person who smokes with a child 12 years of age or under in a motor vehicle; and a secondary offense for any person who smokes with a child between the ages of 13 and 17 in a motor vehicle.  Any persons convicted of either a primary or secondary offense shall not be charged a surcharge; provided, however, that said conviction shall be subject to the same penalties as driving without a seat belt.