Bill Text: MI HB4576 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Taxation; tobacco; definition of tobacco products in Michigan penal code; modify. Amends secs. 470 & 473 of 1931 PA 328 (MCL 750.470 & 750.473). TIE BAR WITH: HB 4578'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-03 - Bill Electronically Reproduced 05/02/2017 [HB4576 Detail]
Download: Michigan-2017-HB4576-Introduced.html
HOUSE BILL No. 4576
May 2, 2017, Introduced by Reps. Yanez, Hoadley, Sowerby, Ellison, LaGrand, Elder, Robinson, Cochran, Garrett, Moss, Hammoud and Gay-Dagnogo and referred to the Committee on Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 470 and 473 (MCL 750.470 and 750.473), section
470 as amended by 1998 PA 38 and section 473 as added by 1993 PA
140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
470. (1) Except as provided in subsection (2), a A
person, in a place of public accommodation to which access by
minors is not prohibited by law, shall not sell or distribute
cigarettes,
cigars, or other tobacco products
through the use of a
vending machine, or install or maintain a vending machine with the
intent
of selling or distributing cigarettes, cigars, or other
tobacco
products. For purposes of this section, "place of public
accommodation"
has the same meaning as that term has in section
301(a)
of the persons with disabilities civil rights act, 1976 PA
220,
MCL 37.1301.
(2)
This section does not apply to a cigarette vending machine
that
meets either of the following criteria:
(a)
The cigarette vending machine is located in an
establishment
that has a class C license as defined in section 2t
of
the Michigan liquor control act, 1933 (Ex Sess) PA 8, MCL
436.2t,
and 1 of the following applies:
(i) If the establishment has a bar that is located in
a room
that
is separated from the remainder of the establishment by a wall
and
a doorway, the cigarette vending machine is located entirely in
that
room.
(ii) If the establishment has a bar that is not located
in a
room
that is separated from the remainder of the establishment by a
wall
and a doorway, the cigarette vending machine is located not
more
than 20 feet from the bar, is located clearly within the bar
area
and not in a hallway, coat room, rest room, or similar
unrelated
area, and is under the direct visual supervision of an
adult.
(b)
The cigarette vending machine is located entirely in an
area,
office, plant, factory, or private membership club that is
not
open to the public, and is located not less than 20 feet from
all
entrances and exits that are accessible to the general public.
(2) (3)
A person who violates this section
is guilty of a
misdemeanor, punishable by imprisonment for not more than 6 months,
service to the community for a period of not more than 45 days, or
a fine of not more than $1,000.00, or any combination of
imprisonment, community service, or fine. Each day that a person
has
a vending machine that dispenses cigarettes, cigars, or other
tobacco products constitutes a separate offense.
(3) (4)
The provisions of this section
shall be enforceable by
a local health department to the same extent and by the same means
as regulations adopted by that local health department.
(4) As used in this section:
(a) "Place of public accommodation" means that term as defined
in section 301 of the persons with disabilities civil rights act,
1976 PA 220, MCL 37.1301.
(b) "Tobacco product" means that term as defined in section 2
of the tobacco products tax act, 1993 PA 327, MCL 205.422, and, for
purposes of this section, includes electronic smoking devices that
have been specifically approved by the United States Food and Drug
Administration for sale as a tobacco cessation product.
Sec. 473. (1) Except as otherwise provided in subsection (4),
a person shall not use a tobacco product on school property.
(2) A person who violates subsection (1) is guilty of a
misdemeanor, punishable by a fine of not more than $50.00.
(3) As used in this section:
(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; or a consortium
or
cooperative arrangement consisting of any combination of
these.1976 PA 451, MCL 380.1 to 380.1852.
(b) "School property" means a building, facility, or structure
and other real estate owned, leased, or otherwise controlled by a
school district.
(c)
"Tobacco product" means a preparation of tobacco to be
inhaled,
chewed, or placed in a person's mouth.that term as defined
in section 2 of the tobacco products tax act, 1993 PA 327, MCL
205.422, and, for purposes of this section, includes electronic
smoking devices that have been specifically approved by the United
States Food and Drug Administration for sale as a tobacco cessation
product.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4578 (request no.
01761'17) of the 99th Legislature is enacted into law.
