HOUSE BILL No. 5803

 

February 10, 2010, Introduced by Rep. Geiss and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 12603 and 12905 (MCL 333.12603 and 333.12905),

 

as amended by 2009 PA 188, and by adding section 12603a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12603. (1) An Except as otherwise provided in this part,

 

an individual shall not smoke in a public place or at a meeting of

 

a public body, and a state or local governmental agency or the

 

person who owns, operates, manages, or is in control of a public

 

place shall make a reasonable effort to prohibit individuals from

 

smoking in a public place.

 

     (2) The owner, operator, manager, or person having control of

 


a public place, a food service establishment, or a casino subject

 

to section 12606b shall do all of the following:

 

     (a) Clearly and conspicuously post "no smoking" signs or the

 

international "no smoking" symbol at the entrances to and in every

 

building or other area where smoking is prohibited under this act.

 

     (b) Remove all ashtrays and other smoking paraphernalia from

 

anywhere smoking is prohibited under this act.

 

     (c) Inform individuals smoking in violation of this act that

 

they are in violation of state law and subject to penalties.

 

     (d) If applicable, refuse to serve an individual smoking in

 

violation of this act.

 

     (e) Ask an individual smoking in violation of this act to

 

refrain from smoking and, if the individual continues to smoke in

 

violation of this act, ask him or her to leave the public place,

 

food service establishment, or nonsmoking area of the casino.

 

     (3) The owner, operator, manager, or person in control of a

 

hotel, motel, or other lodging facility shall comply with

 

subsection (2) and section 12606. It is an affirmative defense to a

 

prosecution or civil or administrative action for a violation of

 

this section that the owner, operator, manager, or person in

 

control of a hotel, motel, or other lodging facility where smoking

 

is prohibited under this section made a good faith effort to

 

prohibit smoking by complying with subsection (2). To assert the

 

affirmative defense under this subsection, the owner, operator,

 

manager, or person shall file a sworn affidavit setting forth his

 

or her efforts to prohibit smoking and his or her actions of

 

compliance with subsection (2).

 


     (4) This section may be referred to as the "Dr. Ron Davis

 

Law".

 

     Sec. 12603a. The owner or operator of a food service

 

establishment or a place of employment that is not a public place

 

described in section 12601(q)(i) or (ii) may allow smoking in a legal

 

smoking room in the eligible place of employment or food service

 

establishment if all of the following requirements are met:

 

     (a) The legal smoking room is an enclosed room separate from

 

the nonsmoking areas of the eligible place of employment or food

 

service establishment. The legal smoking room shall be enclosed on

 

all sides by any combination of solid walls, windows, or doors that

 

extend from the floor to ceiling.

 

     (b) The legal smoking room is equipped with 1 of the

 

following:

 

     (i) A separate ventilation or air filtration system designed to

 

remove smoke from the air in the room and prevent smoke from

 

infiltrating into the nonsmoking areas of the eligible place of

 

employment or food service establishment.

 

     (ii) A double-door system designed to prevent the release of

 

smoke from the room by trapping it between the 2 doors and

 

preventing smoke from infiltrating into the nonsmoking areas of the

 

eligible place of employment or food service establishment.

 

     (c) No individual is required to enter or pass through the

 

legal smoking room of the eligible place of employment or food

 

service establishment unless he or she does so on a voluntary

 

basis. This subdivision applies to an employee of the owner or

 

operator of an eligible place of employment or food service

 


establishment, and section 12606 applies to the right granted to

 

employees under this subdivision.

 

     (d) The legal smoking room is closed 1 hour or more before the

 

end of normal business hours of the eligible place of employment or

 

food service establishment to allow thorough ventilation before any

 

employee is required to enter the room to perform any cleaning or

 

other room maintenance.

 

     Sec. 12905. (1) An Except as otherwise provided in section

 

12603a, an individual shall not smoke in a food service

 

establishment, and the person who owns, operates, manages, or is in

 

control of a food service establishment shall make reasonable

 

effort to prohibit individuals from smoking in a food service

 

establishment.

 

     (2) In addition to a food service establishment that provides

 

its own seating, subsection (1) applies to a food service

 

establishment or group of food service establishments that are

 

located in a shopping mall in which the seating for the food

 

service establishment or group of food service establishments is

 

provided or maintained, or both, by the person who owns or operates

 

the shopping mall.

 

     (3) The director, an authorized representative of the

 

director, or a representative of a local health department to which

 

the director has delegated responsibility for enforcement of this

 

part shall inspect each food service establishment that is subject

 

to this section. The inspecting entity shall determine compliance

 

with this section during each inspection.

 

     (4) Within 5 days after receipt of a written complaint of

 


violation of this section, a local health department shall

 

investigate the complaint to determine compliance. If a violation

 

of this section is identified and not corrected as ordered by the

 

local health department within 2 days after receipt of the order by

 

the food service establishment, the local health officer may issue

 

an order to cease food service operations until compliance with

 

this section is achieved.

 

     (5) A Except as otherwise provided in section 12603a, a food

 

service establishment shall comply with sections 12603(2) and

 

12606. It is an affirmative defense to a prosecution or civil or

 

administrative action for a violation of this section that the

 

owner, operator, manager, or person in control of a food service

 

establishment where smoking is prohibited under this section made a

 

good faith effort to prohibit smoking by complying with section

 

12603(2). To assert the affirmative defense under this subsection,

 

the owner, operator, manager, or person shall file a sworn

 

affidavit setting forth his or her efforts to prohibit smoking and

 

his or her actions of compliance with section 12603(2).

 

     (6) An individual who violates this part shall be directed to

 

comply with this part and is subject to a civil fine of not more

 

than $100.00 for a first violation and not more than $500.00 for a

 

second or subsequent violation.

 

     (7) As used in this section:

 

     (a) "Food service establishment" means that term as defined in

 

section 1107 of the food law of 2000, 2000 PA 92, MCL 289.1107.

 

     (b) "Shopping mall" means a shopping center with stores facing

 

an enclosed mall.

 


     (c) "Smoking" means that term as defined in section 12601.

 

     Enacting section 1. This amendatory act takes effect May 1,

 

2010.