January 23, 2007, Introduced by Reps. Hammon, Meisner, Hammel, Melton and Clack and referred to the Committee on Education.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 473 (MCL 750.473), as added by 1993 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 473. (1) Except as otherwise provided in subsection (4),
a person shall not use a tobacco product on school property or in a
college dormitory.
(2) A person who violates subsection (1) is guilty of a
misdemeanor,
punishable by a fine of not more than $50.00 $100.00.
(3) As used in this section:
(a) "College dormitory" means a dormitory operated by a degree
or certificate granting public or independent nonprofit university,
college, community college, or junior college.
(b) (a)
"School district" means a school district, local act
school district, or intermediate school district, as those terms
are
defined in the revised school code, of 1976, Act No. 451 of the
Public
Acts of 1976, being sections 380.1 to 380.1852 of the
Michigan
Compiled Laws; a joint high school district formed under
part
3A of Act No. 451 of the Public Acts of 1976, being sections
380.171
to 380.187 of the Michigan Compiled Laws; 1976 PA 451, MCL
380.1 to 380.1852, or a consortium or cooperative arrangement
consisting of any combination of these.
(c) (b)
"School property" means a building, facility, or
structure and other real estate owned, leased, or otherwise
controlled by a school district.
(d) (c)
"Tobacco product" means a preparation of tobacco to be
inhaled, chewed, or placed in a person's mouth.
(e) (d)
"Use a tobacco product" means any of the following:
(i) The carrying by a person of a lighted cigar, cigarette,
pipe, or other lighted smoking device.
(ii) The inhaling or chewing of a tobacco product.
(iii) The placing of a tobacco product within a person's mouth.
(4) Subsection (1) does not apply to that part of school
property consisting of outdoor areas including, but not limited to,
an open-air stadium, during either of the following time periods:
(a) Saturdays, Sundays, and other days on which there are no
regularly scheduled school hours.
(b) After 6 p.m. on days during which there are regularly
scheduled school hours.