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Councilmemkr Mary chcli

A BILL

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

17 18 19 20 21 22 23 24 25 To amend the District of Columbia Smoking Restriction Act of 1979 to prohibit smoking in motor vehicles where children under the age of 12 are present. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Tobacco-Free Kids Smoking Restriction Amendment Act of 2013". Sec. 2. The District of Columbia Smoking Restriction Act of 1979, effective September 28,1979 (D.C. Law 3-22; D.C. Official Code 7-1701 et seq.), is amended as follows:
(a)

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Section 3 (D.C. Official Code 7-1702) is amended by adding a new paragraph

(3A) to read as follows: "(3A) "Motor vehicle" means any vehicle that is self-propelled by either gas or electricity, but shall not include electric personal assistive mobility devices as defined by 502201.02(12), or wheelchairs."
(b)

Section 4 (D.C. Official Code 7-1703) is amended by adding a new paragraph

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(9) to read as follows: "(9) Any motor vehicle in which a child under the age of 12 is present." (c) Section 6 (D.C. Official Code 7-1705) is amended by adding a new paragraph

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(e) to read as follows: "(e) This section shall not apply to the owners, lessees, managers, operators, or other persons in charge of the motor vehicles described in 7-1704 (9)." (d) Section 7-1706 (a) is amended as follows: (1) Sub-paragraph (3) is amended by striking the phrase "District of Columbia

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government." and inserting the phrase "District of Columbia government;" in its place. (2) "(4) A new sub-paragraph (4) is added to read as follows: Smoking in a motor vehicle in the presence of children as prohibited by

7-1703 (9) shall be punishable by a fine of not more than $50.00 for the first offense, not more than $100.00 for the second offense, and not more than $250.00 for the third offense." Sec. 4. Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Horne Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02 (c)(3. Sec. 5. Effective date. This act shall take effect following approval by the Mayor, (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(I) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(I, and publication in the District of Columbia Register.
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