SENATE BILL No. 42

January 30, 2001, Introduced by Senators BENNETT, NORTH, STEIL and

HAMMERSTROM and referred to the Committee on Health Policy.

A bill to amend 1915 PA 31, entitled

"Youth tobacco act,"

by amending the title and sections 1, 2, and 4 (MCL 722.641,

722.642, and 722.644), the title and section 4 as amended by 1992

PA 272 and sections 1 and 2 as amended by 1988 PA 314.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to prohibit the selling, giving, or furnishing of

3 tobacco products to minors; to prohibit the PURCHASE OR use of

4 tobacco products by minors; to prohibit the harboring of minors

5 for the purpose of indulging in the use of tobacco products; to

6 regulate the retail sale of tobacco products; to prescribe penal-

7 ties; and to prescribe the powers and duties of certain state

8 agencies and departments.

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1 Sec. 1. (1) A person shall not sell, give, or furnish any

2 cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in

3 any other form A TOBACCO PRODUCT to a person under 18 years of

4 age. A person who violates this section is guilty of a misde-

5 meanor, punishable by a fine of not more than $50.00 $500.00

6 for each A FIRST offense OR NOT MORE THAN $1,000.00 FOR A

7 SECOND OR SUBSEQUENT OFFENSE.

8 (2) Beginning 90 days after the effective date of this sub-

9 section, a A person who sells tobacco products at retail shall

10 post, in a place close to the point of sale and conspicuous to

11 both employees and customers, a sign produced by the department

12 of public COMMUNITY health that includes the following

13 statement:

14 "The purchase of tobacco products by a minor under 18 years

15 of age and the provision of tobacco products to a minor are pro-

16 hibited by law. A minor unlawfully purchasing or using tobacco

17 products is subject to criminal penalties."

18 (3) If the sign required under subsection (2) is more than 6

19 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2

20 inches, and the statement required under subsection (2) shall be

21 printed in 36-point boldface BOLDFACED type. If the sign

22 required under subsection (2) is 6 feet or less from the point of

23 sale, it shall be 2 inches by 4 inches, and the statement

24 required under subsection (2) shall be printed in 20-point

25 boldface BOLDFACED type.

26 (4) The department of public COMMUNITY health shall

27 produce the sign required under subsection (2) and have adequate

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1 copies of the sign ready for distribution to licensed

2 wholesalers, secondary wholesalers, and unclassified acquirers of

3 cigarettes and other tobacco products described in

4 subsection (1) free of charge. within 60 days after the effec-

5 tive date of this subsection. Licensed wholesalers, secondary

6 wholesalers, and unclassified acquirers of cigarettes and other

7 tobacco products described in subsection (1) shall obtain

8 copies of the sign from the department of public COMMUNITY

9 health and distribute them free of charge, upon request, to per-

10 sons who are subject to subsection (2). The department of

11 public COMMUNITY health shall provide copies of the sign free

12 of charge, upon request, to persons subject to subsection (2) who

13 do not purchase their supply of cigarettes or other tobacco

14 products described in subsection (1) from licensed wholesalers,

15 secondary wholesalers, and unclassified acquirers of cigarettes

16 and other tobacco products. described in subsection (1).

17 (5) It is an affirmative defense to a charge pursuant to

18 subsection (1) that the defendant had in force at the time of

19 arrest and continues to have in force a written policy to prevent

20 the sale of cigarettes, cigars, chewing tobacco, tobacco snuff,

21 and other tobacco products to persons under 18 years of age, and

22 that the defendant enforced and continues to enforce the policy.

23 A defendant who proposes to offer evidence of the affirmative

24 defense described in this subsection shall file and serve notice

25 of the defense, in writing, upon the court and the prosecuting

26 attorney. The notice shall be served not less than 14 days

27 before the date set for trial.

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1 (6) A prosecuting attorney who proposes to offer testimony

2 to rebut the affirmative defense described in subsection (5)

3 shall file and serve a notice of rebuttal, in writing, upon the

4 court and the defendant. The notice shall be served not less

5 than 7 days before the date set for trial, and shall contain the

6 name and address of each rebuttal witness.

7 Sec. 2. (1) A person under 18 years of age shall not

8 possess or smoke cigarettes or cigars; or possess or chew, suck,

9 or inhale chewing tobacco or tobacco snuff; or possess or use

10 tobacco in any other form, on a public highway, street, alley,

11 park, or other lands used for public purposes, or in a public

12 place of business or amusement PURCHASE OR ATTEMPT TO PURCHASE A

13 TOBACCO PRODUCT, OR RECEIVE OR ATTEMPT TO RECEIVE A TOBACCO PRO-

14 DUCT, OR POSSESS OR ATTEMPT TO POSSESS A TOBACCO PRODUCT IN A

15 PUBLIC PLACE, OR USE OR ATTEMPT TO USE A TOBACCO PRODUCT IN A

16 PUBLIC PLACE.

17 (2) A person who violates this section SUBSECTION (1) is

18 guilty of a misdemeanor, punishable by a fine of not more than

19 $50.00 $100.00 for each offense VIOLATION. Pursuant to a

20 probation order, the THE court may SHALL require a person who

21 violates this section SUBSECTION (1) to participate in a health

22 promotion and risk reduction assessment program, if available. A

23 probationer PERSON who is ordered to participate in a health

24 promotion and risk reduction assessment program under this

25 section SUBSECTION is responsible for the costs of participat-

26 ing in the program. In addition, a person who violates this

27 section SUBSECTION (1) is subject to the following:

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1 (a) For the first violation, the court may SHALL order the

2 person to do 1 of the following:

3 (i) Perform not more than 16 hours of community service in a

4 hospice, nursing home, or HOSPITAL long-term care facility

5 UNIT.

6 (ii) Participate in a health promotion and risk reduction

7 program, as described in this subsection.

8 (b) For a second violation, in addition to participation in

9 a health promotion and risk reduction program, the court may

10 SHALL order the person to perform not more than 32 hours of com-

11 munity service in a hospice, nursing home, or HOSPITAL long-term

12 care facility UNIT.

13 (c) For a third or subsequent violation, in addition to par-

14 ticipation in a health promotion and risk reduction program, the

15 court may SHALL order the person to perform not more than 48

16 hours of community service in a hospice, nursing home, or

17 HOSPITAL long-term care facility UNIT.

18 Sec. 4. As used in this act:

19 (a) "Chewing tobacco" means loose tobacco or a flat, com-

20 pressed cake of tobacco that is inserted into the mouth to be

21 chewed or sucked.

22 (A) (b) "Person who sells tobacco products at retail"

23 means a person whose ordinary course of business consists, in

24 whole or in part, of the retail sale of tobacco products subject

25 to state sales tax.

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1 (c) "Tobacco snuff" means shredded, powdered, or pulverized

2 tobacco that may be inhaled through the nostrils, chewed, or

3 placed against the gums.

4 (B) "PUBLIC PLACE" MEANS A PUBLIC STREET, SIDEWALK, PARK, OR

5 ANY AREA OPEN TO THE GENERAL PUBLIC IN A PUBLICLY OWNED OR OPER-

6 ATED BUILDING OR PUBLIC PLACE OF BUSINESS.

7 (C) "TOBACCO PRODUCT" MEANS A PRODUCT THAT CONTAINS TOBACCO

8 AND IS INTENDED FOR HUMAN CONSUMPTION, INCLUDING BUT NOT LIMITED

9 TO CIGARETTES, NONCIGARETTE SMOKING TOBACCO, OR SMOKELESS TOBAC-

10 CO, AS THOSE TERMS ARE DEFINED IN SECTION 2 OF THE TOBACCO PRO-

11 DUCTS TAX ACT, 1993 PA 327, MCL 205.422, AND CIGARS.

12 (D) "USE A TOBACCO PRODUCT" MEANS TO SMOKE OR OTHERWISE CON-

13 SUME A TOBACCO PRODUCT.

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