HOUSE BILL No. 4296 February 23, 1999, Introduced by Reps. Sanborn, Wojno, DeHart, Patterson, Garcia, Hart, Kuipers, Jelinek, Koetje, Voorhees, Mans, Ehardt, Jamnick, Jansen and Scranton and referred to the Committee on Criminal Law and Corrections. A bill to amend 1915 PA 31, entitled "Youth tobacco act," by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), the title and section 4 as amended by 1992 PA 272 and sections 1 and 2 as amended by 1988 PA 314. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to prohibit the selling, giving, or furnishing of 3 tobacco products to minors; to prohibit the PURCHASE OR use of 4 tobacco products by minors; to prohibit the harboring of minors 5 for the purpose of indulging in the use of tobacco products; to 6 regulate the retail sale of tobacco products; to prescribe penal- 7 ties; and to prescribe the powers and duties of certain state 8 agencies and departments. 00244'99 * DAM 2 1 Sec. 1. (1) A person shall not sell, give, or furnishany2cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in3any other formA TOBACCO PRODUCT to a person under 18 years of 4 age. A person who violates this section is guilty of a misde- 5 meanor, punishable by a fine of not more than $50.00 for each 6 offense. 7 (2)Beginning 90 days after the effective date of this sub-8section, aA person who sells tobacco products at retail shall 9 post, in a place close to the point of sale and conspicuous to 10 both employees and customers, a sign produced by the department 11 of public health that includes the following statement: 12 "The purchase of tobacco products by a minor under 18 years 13 of age and the provision of tobacco products to a minor are pro- 14 hibited by law. A minor unlawfully purchasing or using tobacco 15 products is subject to criminal penalties." 16 (3) If the sign required under subsection (2) is more than 6 17 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2 18 inches, and the statement required under subsection (2) shall be 19 printed in 36-point boldface type. If the sign required under 20 subsection (2) is 6 feet or less from the point of sale, it shall 21 be 2 inches by 4 inches, and the statement required under subsec- 22 tion (2) shall be printed in 20-point boldface type. 23 (4) The department of public health shall produce the sign 24 required under subsection (2) and have adequate copies of the 25 sign ready for distribution to licensed wholesalers, secondary 26 wholesalers, and unclassified acquirers ofcigarettes and other27 tobacco productsdescribed in subsection (1)free of charge. 00244'99 * 3 1within 60 days after the effective date of this subsection.2 Licensed wholesalers, secondary wholesalers, and unclassified 3 acquirers ofcigarettes and othertobacco productsdescribed4in subsection (1)shall obtain copies of the sign from the 5 department of public health and distribute them free of charge, 6 upon request, to persons who are subject to subsection (2). The 7 department of public health shall provide copies of the sign free 8 of charge, upon request, to persons subject to subsection (2) who 9 do not purchase their supply ofcigarettes or othertobacco 10 productsdescribed in subsection (1)from licensed wholesalers, 11 secondary wholesalers, and unclassified acquirers ofcigarettes12and othertobacco products.described in subsection (1).13 (5) It is an affirmative defense to a charge pursuant to 14 subsection (1) that the defendant had in force at the time of 15 arrest and continues to have in force a written policy to prevent 16 the sale ofcigarettes, cigars, chewing tobacco, tobacco snuff,17and othertobacco products to persons under 18 years of age, and 18 that the defendant enforced and continues to enforce the policy. 19 A defendant who proposes to offer evidence of the affirmative 20 defense described in this subsection shall file and serve notice 21 of the defense, in writing, upon the court and the prosecuting 22 attorney. The notice shall be served not less than 14 days 23 before the date set for trial. 24 (6) A prosecuting attorney who proposes to offer testimony 25 to rebut the affirmative defense described in subsection (5) 26 shall file and serve a notice of rebuttal, in writing, upon the 27 court and the defendant. The notice shall be served not less 00244'99 * 4 1 than 7 days before the date set for trial, and shall contain the 2 name and address of each rebuttal witness. 3 Sec. 2. (1) A person under 18 years of age shall not 4possess or smoke cigarettes or cigars; or possess or chew, suck,5or inhale chewing tobacco or tobacco snuff; or possess or use6tobacco in any other form, on a public highway, street, alley,7park, or other lands used for public purposes, or in a public8place of business or amusementPURCHASE OR ATTEMPT TO PURCHASE A 9 TOBACCO PRODUCT, OR RECEIVE OR ATTEMPT TO RECEIVE A TOBACCO PRO- 10 DUCT, OR POSSESS OR ATTEMPT TO POSSESS A TOBACCO PRODUCT IN A 11 PUBLIC PLACE, OR USE OR ATTEMPT TO USE A TOBACCO PRODUCT IN A 12 PUBLIC PLACE. 13 (2) A person who violatesthis sectionSUBSECTION (1) is 14 guilty of a misdemeanor,punishable by a fine of not more than 15 $50.00 for each offense. Pursuant to a probation order, the 16 court may require a person who violatesthis section17 SUBSECTION (1) to participate in a health promotion and risk 18 reduction assessment program, if available. A probationer who is 19 ordered to participate in a health promotion and risk reduction 20 assessment program under thissectionSUBSECTION is responsible 21 for the costs of participating in the program. In addition, a 22 person who violatesthis sectionSUBSECTION (1) is subject to 23 the following: 24 (a) For the first violation, the court may order the person 25 to do 1 of the following: 26 (i) Perform not more than 16 hours of community service in a 27 hospice, nursing home, or long-term care facility. 00244'99 * 5 1 (ii) Participate in a health promotion and risk reduction 2 program, as described in this subsection. 3 (b)For a secondIF THE COURT FINDS THAT THE PERSON HAS 1 4 PRIOR CONVICTION FOR A violation, in addition to participation in 5 a health promotion and risk reduction program, the court may 6 order the person to perform not more than 32 hours of community 7 service in a hospice, nursing home, or long-term care facility; 8 MAY ORDER THE SECRETARY OF STATE TO SUSPEND THE PERSON'S 9 OPERATOR'S OR CHAUFFEUR'S LICENSE FOR A PERIOD OF NOT LESS THAN 10 60 DAYS OR MORE THAN 90 DAYS; AND IF IT ORDERS A SUSPENSION, MAY 11 ORDER THE SECRETARY OF STATE TO ISSUE THE PERSON A RESTRICTED 12 LICENSE AFTER THE FIRST 30 DAYS OF SUSPENSION. 13 (c)For a third or subsequentIF THE COURT FINDS THAT THE 14 PERSON HAS 2 OR MORE CONVICTIONS FOR A violation, in addition to 15 participation in a health promotion and risk reduction program, 16 the court may order the person to perform not more than 48 hours 17 of community service in a hospice, nursing home, or long-term 18 care facility; SHALL ORDER THE SECRETARY OF STATE TO SUSPEND THE 19 PERSON'S OPERATOR'S OR CHAUFFEUR'S LICENSE FOR A PERIOD OF NOT 20 LESS THAN 90 DAYS OR MORE THAN 180 DAYS; AND MAY ORDER THE SECRE- 21 TARY OF STATE TO ISSUE THE PERSON A RESTRICTED LICENSE AFTER THE 22 FIRST 60 DAYS OF SUSPENSION. 23 (D) IF A LICENSE SANCTION IS IMPOSED UNDER SUBDIVISION (B) 24 OR (C), IMMEDIATELY UPON THE ENTRY OF THE COURT-ORDERED SANCTION, 25 THE COURT SHALL ORDER THE PERSON CONVICTED FOR THE VIOLATION TO 26 SURRENDER TO THE COURT HIS OR HER OPERATOR'S OR CHAUFFEUR'S 27 LICENSE. THE COURT SHALL IMMEDIATELY FORWARD A NOTICE OF 00244'99 * 6 1 COURT-ORDERED LICENSE SANCTION TO THE SECRETARY OF STATE THAT 2 INDICATES THE SANCTION IMPOSED. IF THE LICENSE IS NOT FORWARDED 3 TO THE SECRETARY OF STATE, AN EXPLANATION OF THE REASON WHY THE 4 LICENSE IS ABSENT SHALL BE ATTACHED. IF THE FINDING IS APPEALED, 5 THE COURT MAY, EX PARTE, ORDER THE SECRETARY OF STATE TO STAY THE 6 SUSPENSION ISSUED PURSUED TO THIS SUBSECTION PENDING THE OUTCOME 7 OF THE APPEAL. 8 (E) THE SECRETARY OF STATE SHALL SUSPEND THE OPERATOR'S OR 9 CHAUFFEUR'S LICENSE OF AN INDIVIDUAL DESCRIBED IN SUBDIVISION (B) 10 OR (C) AS PROVIDED IN SECTION 319 OF THE MICHIGAN VEHICLE CODE, 11 1949 PA 300, MCL 257.319. IF THE INDIVIDUAL DOES NOT POSSESS AN 12 OPERATOR'S OR CHAUFFEUR'S LICENSE ON THE DATE HE OR SHE IS CON- 13 VICTED OF THE VIOLATION DESCRIBED IN SUBDIVISION (B) OR (C), THE 14 SECRETARY OF STATE SHALL DENY THE INDIVIDUAL A LICENSE AS PRO- 15 VIDED IN SECTION 303 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, 16 MCL 257.303. 17 Sec. 4. As used in this act: 18(a) "Chewing tobacco" means loose tobacco or a flat, com-19pressed cake of tobacco that is inserted into the mouth to be20chewed or sucked.21 (A)(b)"Person who sells tobacco products at retail" 22 means a person whose ordinary course of business consists, in 23 whole or in part, of the retail sale of tobacco products subject 24 to state sales tax. 25(c) "Tobacco snuff" means shredded, powdered, or pulverized26tobacco that may be inhaled through the nostrils, chewed, or27placed against the gums.00244'99 * 7 1 (B) "PUBLIC PLACE" MEANS A PUBLIC STREET, SIDEWALK, PARK, OR 2 ANY AREA OPEN TO THE GENERAL PUBLIC IN A PUBLICLY OWNED OR OPER- 3 ATED BUILDING OR PUBLIC PLACE OF BUSINESS. 4 (C) "TOBACCO PRODUCT" MEANS A PRODUCT THAT CONTAINS TOBACCO 5 AND IS INTENDED FOR HUMAN CONSUMPTION, INCLUDING BUT NOT LIMITED 6 TO CIGARETTES, NONCIGARETTE SMOKING TOBACCO, OR SMOKELESS TOBAC- 7 CO, AS THOSE TERMS ARE DEFINED IN SECTION 2 OF THE TOBACCO PRO- 8 DUCTS TAX ACT, 1993 PA 327, MCL 205.422, AND CIGARS. 9 (D) "USE A TOBACCO PRODUCT" MEANS TO SMOKE OR OTHERWISE CON- 10 SUME A TOBACCO PRODUCT. 11 Enacting section 1. This amendatory act takes effect 12 October 1, 1999. 13 Enacting section 2. This amendatory act does not take 14 effect unless Senate Bill No. _____ or House Bill No. _____ 15 (request no. 00244'99 a *) of the 90th Legislature is enacted 16 into law. 00244'99 * Final page. DAM