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