HOUSE BILL No. 4835


     May 27, 1997, Introduced by Reps. Baird, Wallace, Schroer, Vaughn, Willard, Anthony, Ciaramitaro, Brater, Gire and Hale and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 12601, 12603, 12604a, 12605, 12607, and

   12615 (MCL 333.12601, 333.12603, 333.12604a, 333.12605,

   333.12607, and 333.12615), sections 12601 and 12615 as amended

   and section 12604a as added by 1988 PA 315, section 12603 as

   amended by 1993 PA 217, and sections 12605 and 12607 as amended

   by 1988 PA 296.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 12601.  (1) As used in this part:

 2         (a) "Child caring institution",  and  "child care center",

 3    "FAMILY DAY CARE HOME", AND "GROUP DAY CARE HOME" mean those

 4    terms as defined in section 1 of  Act No. 116 of the Public Acts

 5     of 1973, being section 722.111 of the Michigan Compiled Laws 

 6    1973 PA 116, MCL 722.111.


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 1         (b) "County medical care facility" means that term as

 2    defined in section 20104.

 3         (c) "Educational facility" means a building owned, leased,

 4    or under the control of a public or private school OR SCHOOL

 5    system, college, or university.

 6         (D) "ENVIRONMENTAL TOBACCO SMOKE" MEANS VISIBLE OR INVISIBLE

 7    SMOKE, GAS, OR A FUME GENERATED BY THE COMBUSTION OF TOBACCO OR

 8    ANY OTHER MATERIAL THAT IS BURNED OR SMOKED BY A PERSON FOR PER-

 9    SONAL PURPOSES.

10         (E)  (d)  "Food service establishment" means  a food service

11     establishment  THAT TERM as defined in section 12901.

12         (F)  (e)  "Health facility" means a health facility or

13    agency licensed under article 17, except a home for the aged,

14    nursing home, county medical care facility, hospice, or hospital

15    long-term care unit.

16         (G)  (f)  "Home for the aged" means that term as defined in

17    section 20106.

18         (H)  (g)  "Hospice" means that term as defined in section

19    20106.

20         (I)  (h)  "Hospital long-term care unit" means that term as

21    defined in section 20106.

22         (J) "HYPERSENSITIVE" INCLUDES INDIVIDUALS WHO DISLIKE ENVI-

23    RONMENTAL TOBACCO SMOKE AS WELL AS INDIVIDUALS WHO HAVE 1 OR MORE

24    ADVERSE PHYSICAL REACTIONS TO ENVIRONMENTAL TOBACCO SMOKE.

25         (K)  (i)  "Licensed premises" means any portion of a build-

26    ing, structure, room, or enclosure in which alcoholic liquor may





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 1    be sold for consumption on the premises pursuant to a license

 2    issued by the Michigan liquor control commission.

 3         (l)  (j)  "Meeting" means  a meeting  THAT TERM as defined

 4    in section 2 of the open meetings act,  Act No. 267 of the Public

 5     Acts of 1976, being section 15.262 of the Michigan Compiled Laws 

 6    1976 PA 267, MCL 15.262.

 7         (M)  (k)  "Nursing home" means that term as defined in sec-

 8    tion 20109.

 9         (N) "PLACE OF EMPLOYMENT", EXCEPT AS OTHERWISE PROVIDED IN

10    SUBSECTION (2), MEANS AN ENCLOSED, INDOOR AREA SERVING AS THE

11    WORK AREA FOR 1 OR MORE PERSONS EMPLOYED BY A PUBLIC OR PRIVATE

12    EMPLOYER.

13         (O)  (l)  "Public body" means  a public body  THAT TERM as

14    defined in section 2 of the open meetings act,  Act No. 267 of

15     the Public Acts of 1976  1976 PA 267, MCL 15.262.

16         (P)  (m)  "Public place", except as otherwise provided in

17    subsection (2), means  both  ALL of the following:

18         (i) An enclosed, indoor area owned or operated by a state or

19    local governmental agency and used by the general public or serv-

20    ing as  a place of work for public employees or  a meeting place

21    for a public body, including an office, educational facility,

22    home for the aged, nursing home, county medical care facility,

23    hospice, hospital long-term care unit, auditorium, arena, meeting

24    room, or public conveyance.

25         (ii) An enclosed, indoor area  which  THAT is not owned or

26    operated by a state or local governmental agency, is used by the

27    general public, and is 1 of the following:



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 1         (A) An educational facility.

 2         (B) A home for the aged, nursing home, county medical care

 3    facility, hospice, or hospital long-term care unit.

 4         (C) An auditorium.

 5         (D) An arena.

 6         (E) A theater.

 7         (F) A museum.

 8         (G) A concert hall.

 9         (H) Any other facility during the period of its use for a

10    performance or exhibit of the arts.

11         (I) AN AIRLINE OR OTHER TERMINAL OR CONCOURSE.

12         (iii) A PLACE OF EMPLOYMENT IN WHICH ENVIRONMENTAL TOBACCO

13    SMOKE MAY ACCUMULATE.

14         (iv) A MOTOR VEHICLE MAINTAINED OR PRIMARILY CONTROLLED BY

15    AN EMPLOYER FOR USE BY AN EMPLOYEE.

16         (v) A PUBLIC CONVEYANCE.

17         (Q)  (n)  "Smoking" or "smoke" means the carrying by a

18    person of a lighted cigar, cigarette, pipe, or other lighted

19    smoking device.

20         (R) "WORK AREA" MEANS A SITE WITHIN A PLACE OF EMPLOYMENT AT

21    WHICH 1 OR MORE EMPLOYEES ARE ROUTINELY ASSIGNED TO PERFORM SERV-

22    ICES FOR AN EMPLOYER.

23         (2)  Public  PLACE OF EMPLOYMENT AND PUBLIC place  does  DO

24    not include  a private, enclosed room or office occupied exclu-

25     sively by a smoker, even if the room or enclosed office may be

26     visited by a nonsmoker.  1 OR MORE OF THE FOLLOWING:





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 1         (A) LICENSED PREMISES.

 2         (B) A FOOD SERVICE ESTABLISHMENT.

 3         (C) A LICENSED CHILD CARE CENTER, A LICENSED CHILD CARING

 4    INSTITUTION, A LICENSED FAMILY DAY CARE HOME, OR A LICENSED GROUP

 5    DAY CARE HOME.

 6         (3) In addition, article 1 contains general definitions and

 7    principles of construction applicable to all articles of this

 8    code.

 9         Sec. 12603.  (1) Except as otherwise provided by law, an

10    individual shall not smoke in a public place or at a meeting of a

11    public body, except in a designated smoking area.  AN INDIVIDUAL

12    SHALL NOT SMOKE IN A WORK AREA.

13         (2) This section does not apply to a room  , hall,  or

14    building THAT MEETS ALL OF THE FOLLOWING CONDITIONS:

15         (A) THE ROOM OR BUILDING IS NOT A PLACE OF EMPLOYMENT WHERE

16    EMPLOYEES ARE REGULARLY EMPLOYED.

17         (B) THE ROOM OR BUILDING IS used for a private function.

18     if the 

19         (C) THE seating arrangements WITHIN THAT ROOM OR BUILDING

20    are under the control of the sponsor of the function and not

21    under the control of the state or local governmental agency or

22    the person who owns or operates the room  , hall,  or building.

23          (3) This section does not apply to a food service estab-

24     lishment or to licensed premises.

25          (4) This section shall not apply to a private educational

26     facility after regularly scheduled school hours. 





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 1         Sec. 12604a.  (1) An individual shall not smoke in the

 2     common or treatment area of a private practice office of an

 3     individual who is licensed under article 15. 

 4         (1)  (2)  An individual shall not smoke in a health facility

 5    except under 1 or more of the following circumstances:

 6         (a) In cases where a prohibition on smoking would be detri-

 7    mental to the patient's treatment as defined by medical condi-

 8    tions identified by the collective health facility medical

 9    staff.  Patients who are permitted to smoke under this subdivi-

10    sion shall be placed in a separate room from nonsmoking

11    patients.

12         (b) If a health facility allows smoking, that smoking is

13    allowed only in 1 OR MORE designated areas that are enclosed BY

14    FLOOR-TO-CEILING WALLS and CONSTRUCTED AND ventilated  or other-

15     wise constructed which ensures a smoke free environment  TO

16    ENSURE THAT AIR FROM THE DESIGNATED SMOKING AREA IS EXHAUSTED

17    DIRECTLY OUTSIDE AND DOES NOT RECIRCULATE OR DRIFT TO OTHER AREAS

18    WITHIN THE HEALTH FACILITY AND TO PREVENT ENVIRONMENTAL TOBACCO

19    SMOKE FROM REACHING NONSMOKERS in patient care areas and common

20    areas.

21         (2) A HEALTH FACILITY THAT ALLOWS SMOKING UNDER

22    SUBSECTION (1) SHALL COMPLY WITH SECTION 12605(2)(A).

23         Sec. 12605.  (1)  A  SUBJECT TO THIS SUBSECTION AND SECTION

24    12607(C), A smoking area may be designated by the state or local

25    governmental agency or the person who owns or operates a public

26    place.  , except in a public place in which smoking is prohibited

27     by law.  If a smoking area is designated, existing physical



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 1    barriers and ventilation systems shall be used to minimize the

 2     toxic effect of smoke in both smoking and adjacent nonsmoking

 3     areas.  A SMOKING AREA SHALL NOT BE DESIGNATED IN 1 OR MORE OF

 4    THE FOLLOWING AREAS:

 5         (A) A WORK AREA.

 6         (B) A HALLWAY, CORRIDOR, STAIRWELL, OR LOBBY THAT PROVIDES

 7    DIRECT ACCESS TO A PUBLIC PLACE.

 8         (C) A LAVATORY AVAILABLE TO THE GENERAL PUBLIC OR TO AN

 9    EMPLOYER'S EMPLOYEES.

10         (D) A LUNCHROOM NOT LICENSED AS A FOOD SERVICE ESTABLISHMENT

11    UNDER PART 129.

12         (E) A LOUNGE, UNLESS THE LOUNGE IS MADE EXCLUSIVELY AVAIL-

13    ABLE FOR THE USE OF SMOKERS.

14         (F) AN AREA WITHIN WHICH SMOKING IS PROHIBITED BY LOCAL,

15    STATE, OR FEDERAL LAW.

16         (G) EXCEPT AS OTHERWISE PROVIDED IN SECTION 12604A, A HEALTH

17    FACILITY.

18          (2) In the case of a public place consisting of a single

19     room, the state or local governmental agency or the person who

20     owns or operates the single room shall be in compliance with this

21     part if 1/2 of the room is reserved and posted as a no smoking

22     area. 

23         (2)  (3)  If smoking is permitted in a public place, the

24    state or local governmental agency or the person who owns or

25    operates the public place shall  develop  DO BOTH OF THE

26    FOLLOWING:





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 1         (A) DEVELOP a written policy for the separation of smokers

 2    and nonsmokers  which  THAT provides, at a minimum, for  all of

 3     the following:  (a) Nonsmokers to be located closest to the

 4     source of fresh air.  (b) Special consideration to be given to

 5     individuals with a hypersensitivity to tobacco smoke.  (c) A  A

 6    procedure to receive, investigate, and take action on

 7    complaints.

 8         (B) ENSURE THAT EACH INDOOR DESIGNATED SMOKING AREA MEETS

 9    ALL OF THE FOLLOWING REQUIREMENTS:

10         (i) IS ENCLOSED BY FLOOR-TO-CEILING WALLS AND CONSTRUCTED

11    AND VENTILATED TO DO BOTH OF THE FOLLOWING:

12         (A) PREVENT ENVIRONMENTAL TOBACCO SMOKE FROM REACHING

13    NONSMOKERS.

14         (B) ENSURE THAT AIR FROM THE INDOOR DESIGNATED SMOKING AREA

15    IS EXHAUSTED DIRECTLY OUTSIDE AND DOES NOT RECIRCULATE OR DRIFT

16    TO OTHER AREAS WITHIN THE PUBLIC PLACE.

17         (ii) DOES NOT HAVE TO BE ENTERED BY A NONSMOKER FOR ANY

18    PURPOSE.

19         (iii) IS CLOSED TO MINORS UNDER 15 YEARS OF AGE.

20         Sec. 12607.  The state or local governmental agency or the

21    person who owns or operates a public place shall, at a minimum,

22    do all of the following:  in order to prevent smoking: 

23         (a) Post signs  which state  STATING that smoking in that

24    public place is prohibited, except in designated smoking areas,

25    pursuant to this part.

26          (b) Arrange seating to provide, as nearly as practicable, a

27     smoke-free area. 



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 1         (B)  (c)  Implement and enforce the policy for the

 2    separation of smokers and nonsmokers developed under section

 3     12605(3)  12605(2).

 4         (C) PROHIBIT SMOKING IN THE PUBLIC PLACE IF THE SAFEGUARDS

 5    DESCRIBED IN THIS PART ARE NOT SUFFICIENT TO ELIMINATE EXPOSURE

 6    TO ENVIRONMENTAL TOBACCO SMOKE BY A PERSON WHO IS HYPERSENSITIVE

 7    TO ENVIRONMENTAL TOBACCO SMOKE.

 8         Sec. 12615.  (1) This part is in addition to, and does not

 9    supersede the requirements for a policy regulating the smoking of

10    tobacco on the premises of a nursing home set forth in section

11    21733  ,  or the requirements for a food service establishment

12    set forth in section 12905.

13         (2) THIS PART DOES NOT PREEMPT OR OTHERWISE LIMIT THE

14    AUTHORITY OF A LOCAL UNIT OF GOVERNMENT TO ENACT AN ORDINANCE OR

15    OTHER REGULATION REGARDING SMOKING IN PUBLIC PLACES OR IN PLACES

16    OF EMPLOYMENT THAT IS MORE STRINGENT THAN THE REQUIREMENTS AND

17    RESTRICTIONS OF THIS PART.























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