October 2, 2003, Introduced by Reps. Spade, Bieda, Shaffer, Pappageorge, Kooiman, Wojno, Farrah, Clack, Vagnozzi, Sheltrown, Nofs, Caswell, Woodward, Zelenko, Ehardt, Vander Veen, Voorhees, Pumford, Hart and Hager and referred to the Committee on Commerce.
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending sections 1, 2, and 4 (MCL 722.641, 722.642, and
722.644), sections 1 and 2 as amended by 1988 PA 314 and section
4 as amended by 1992 PA 272.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
5 misdemeanor, punishable by 1 of the following fines:
6 (a) If the violation is not a violation of subdivision (b), a
7 fine of not more than $50.00
$100.00 for each offense a first
8 violation, $250.00 for a second violation, or $500.00 for a third
9 or subsequent violation.
1 (b) If the violation is an internet, mail order, or telephone
2 sale of a tobacco product to a person under 18 years of age, a
3 fine of not more than $500.00 for a first violation, $1,000.00
4 for a second violation, or $2,000.00 for a third or subsequent
5 violation.
6 (2) Beginning 90
days after the effective date of this
7 subsection, a A person who sells tobacco products at retail
8 shall post, in a place close to the point of sale and conspicuous
9 to both employees and customers, a sign produced by the
10 department of public community
health that includes the
11 following statement:
12 "The purchase of tobacco products by a minor under 18 years
13 of age and the provision of tobacco products to a minor are
14 prohibited by law. A minor unlawfully purchasing or using
15 tobacco products is subject to criminal penalties."
16 (3) If the sign required under subsection (2) is more than 6
17 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2
18 inches, and the statement required under subsection (2) shall be
19 printed in 36-point boldface
boldfaced type. If the sign
20 required under subsection (2) is 6 feet or less from the point of
21 sale, it shall be 2 inches by 4 inches, and the statement
22 required under subsection (2) shall be printed in 20-point
23 boldface boldfaced type.
24 (4) The department of
public community health shall produce
25 the sign required under subsection (2) and have adequate copies
26 of the sign ready for distribution to licensed wholesalers,
27 secondary wholesalers,
and unclassified acquirers of cigarettes
1 and other tobacco products described in subsection (1) free
of
2 charge. within
60 days after the effective date of this
3 subsection. Licensed wholesalers, secondary wholesalers, and
4 unclassified acquirers of
cigarettes and other tobacco products
5 described in
subsection (1) shall obtain copies
of the sign
6 from the department of public
community health and distribute
7 them free of charge, upon request, to persons who are subject to
8 subsection (2). The
department of public community health
9 shall provide copies of the sign free of charge, upon request, to
10 persons subject to subsection (2) who do not purchase their
11 supply of cigarettes
or other tobacco products described in
12 subsection (1) from licensed wholesalers, secondary wholesalers,
13 and unclassified
acquirers of cigarettes and other tobacco
14 products. described
in subsection (1).
15 (5) It is an affirmative defense to a charge pursuant to
16 subsection (1) that the defendant had in force at the time of
17 arrest and continues to have in force a written policy to prevent
18 the sale of cigarettes,
cigars, chewing tobacco, tobacco snuff,
19 and other tobacco products to persons under 18 years of age,
and
20 that the defendant enforced and continues to enforce the policy.
21 A defendant who proposes to offer evidence of the affirmative
22 defense described in this subsection shall file and serve notice
23 of the defense, in writing, upon the court and the prosecuting
24 attorney. The notice shall be served not less than 14 days
25 before the date set for trial.
26 (6) A prosecuting attorney who proposes to offer testimony to
27 rebut the affirmative defense described in subsection (5) shall
1 file and serve a notice of rebuttal, in writing, upon the court
2 and the defendant. The notice shall be served not less than 7
3 days before the date set for trial, and shall contain the name
4 and address of each rebuttal witness.
5 Sec. 2. (1) A person under 18 years of age shall not
6 possess or smoke
cigarettes or cigars; or possess or chew, suck,
7 or inhale chewing
tobacco or tobacco snuff; or possess or use
8 tobacco in any other
form, on a public highway, street, alley,
9 park, or other lands
used for public purposes, or in a public
10 place of business or
amusement use a tobacco product
in a public
11 place.
12 (2) A person
who violates this section subsection (1) is
13 guilty of a misdemeanor, punishable by a fine of not more than
14 $50.00 for each offense
violation. Pursuant to a probation
15 order, the The court may require a person who violates this
16 section subsection (1) to participate in a health
promotion and
17 risk reduction assessment
program, if available. A probationer
18 person who is ordered to participate in a health promotion and
19 risk reduction assessment
program under this section subsection
20 is responsible for the costs of participating in the program. In
21 addition, a person who
violates this section subsection (1) is
22 subject to the following:
23 (a) For the first violation, the court may order the person
24 to do 1 of the following:
25 (i) Perform not more than 16 hours of community service in a
26 hospice, nursing home, or long-term care facility.
27 (ii) Participate in a health promotion and risk reduction
1 program, as described in this subsection.
2 (b) For a second violation, in addition to participation in a
3 health promotion and risk reduction program, the court may order
4 the person to perform not more than 32 hours of community service
5 in a hospice, nursing home, or long-term care facility.
6 (c) For a third or subsequent violation, in addition to
7 participation in a health promotion and risk reduction program,
8 the court may order the person to perform not more than 48 hours
9 of community service in a hospice, nursing home, or long-term
10 care facility.
11 Sec. 4. As used in this act:
12 (a) "Chewing
tobacco" means loose tobacco or a flat,
13 compressed cake of
tobacco that is inserted into the mouth to be
14 chewed or sucked.
15 (a) (b) "Person
who sells tobacco products at retail" means
16 a person whose ordinary course of business consists, in whole or
17 in part, of the retail sale of tobacco products subject to state
18 sales tax.
19 (c) "Tobacco
snuff" means shredded, powdered, or pulverized
20 tobacco that may be
inhaled through the nostrils, chewed, or
21 placed against the
gums.
22 (b) "Public place" means a public street, sidewalk, park, or
23 any area open to the general public in a publicly owned or
24 operated building or public place of business.
25 (c) "Tobacco product" means a product that contains tobacco
26 and is intended for human consumption, including but not limited
27 to cigarettes, noncigarette smoking tobacco, or smokeless
1 tobacco, as those terms are defined in section 2 of the tobacco
2 products tax act, 1993 PA 327, MCL 205.422, and cigars.
3 (d) "Use a tobacco product" means to smoke or otherwise
4 consume a tobacco product.