SB-0668, As Passed House, June 11, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 668

     A bill to amend 1915 PA 31, entitled

"Youth tobacco act,"

by amending the title and section 1 (MCL 722.641), as amended by

2006 PA 236.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

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

tobacco products, vapor products, and alternative nicotine products

to minors; to prohibit the purchase, possession, or use of tobacco

products, vapor products, and alternative nicotine products by

minors; to regulate the retail sale of tobacco products, vapor

products, and alternative nicotine products; to prescribe

penalties; and to prescribe the powers and duties of certain state

agencies and departments.

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

tobacco product, vapor product, or alternative nicotine product to

a minor, including, but not limited to, through a vending machine.

A person who violates this subsection or subsection (8) is guilty

of a misdemeanor punishable by a fine of not more than $50.00 for

each violation.

     (2) A person who sells tobacco products, vapor products, or

alternative nicotine products at retail shall post, in a place

close to the point of sale and conspicuous to both employees and

customers, a sign produced by the department of community health

that includes the following statement:

     "The purchase of a tobacco products product, vapor product, or

alternative nicotine product by a minor under 18 years of age and

the provision of a tobacco products product, vapor product, or

alternative nicotine product to a minor are prohibited by law. A

minor who unlawfully purchasing purchases or using uses a tobacco

products product, vapor product, or alternative nicotine product is

subject to criminal penalties.".

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

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

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

printed in 36-point boldfaced type. If the sign required under

subsection (2) is 6 feet or less from the point of sale, it shall

be 2 inches by 4 inches and the statement required under subsection

(2) shall be printed in 20-point boldfaced type.

     (4) The department of community health shall produce the sign

required under subsection (2) and have adequate copies of the sign

ready for distribution to licensed wholesalers, secondary

wholesalers, and unclassified acquirers of tobacco products and to

persons who sell vapor products or alternative nicotine products at

retail free of charge. Licensed wholesalers, secondary wholesalers,

and unclassified acquirers of tobacco products shall obtain copies

of the sign from the department of community health and distribute

them free of charge, upon request, to persons who sell tobacco

products and who are subject to subsection (2). The department of

community health shall provide copies of the sign free of charge,

upon request, to persons subject to subsection (2) who do not

purchase their supply of tobacco products from wholesalers,

secondary wholesalers, and unclassified acquirers of tobacco

products licensed under the tobacco products tax act, 1993 PA 327,

MCL 205.421 to 205.436, and to persons who sell vapor products or

alternative nicotine products at retail.

     (5) It is an affirmative defense to a charge under subsection

(1) that the defendant had in force at the time of arrest and

continues to have in force a written policy to prevent the sale of

tobacco products, vapor products, or alternative nicotine products,

as applicable, to persons under 18 years of age and that the

defendant enforced and continues to enforce the policy. A defendant

who proposes to offer evidence of the affirmative defense described

in this subsection shall file and serve notice of the defense, in

writing, upon with the court and serve a copy of the notice on the

prosecuting attorney. The defendant shall serve the notice shall be

served not less than 14 days before the date set for trial.

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

rebut the affirmative defense described in subsection (5) shall

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

court and serve a copy of the notice on the defendant. The

prosecuting attorney shall serve the notice shall be served not

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

include in the notice the name and address of each rebuttal

witness.

     (7) Subsection (1) does not apply to the handling or

transportation of a tobacco product, vapor product, or alternative

nicotine product by a minor under the terms of that the minor's

employment.

     (8) Before selling, offering for sale, giving, or furnishing a

vapor product or alternative nicotine product to an individual, a

person shall verify that the individual is at least 18 years of age

by doing 1 of the following:

     (a) If the individual appears to be under 27 years of age,

examining a government-issued photographic identification that

establishes that the individual is at least 18 years of age.

     (b) For sales made by the internet or other remote sales

method, performing an age verification through an independent,

third-party age verification service that compares information

available from a commercially available database, or aggregate of

databases, that are regularly used by government agencies and

businesses for the purpose of age and identity verification to the

personal information entered by the individual during the ordering

process that establishes that the individual is 18 years of age or

older.

     Enacting section 1. This amendatory act takes effect 60 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) Senate Bill No. 667.

     (b) House Bill No. 4997.