HOUSE BILL No. 5535


     March 21, 2000, Introduced by Reps. Ruth Johnson, Rocca, Spade, Allen, Bishop, Hart, Schauer and Birkholz and referred to
the Committee on Family and Civil Law.


        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:

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                                    TITLE

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

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      tobacco products to minors; to prohibit the PURCHASE OR use of

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      tobacco products by minors; to prohibit the harboring of minors

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      for the purpose of indulging in the use of tobacco products; to

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      regulate the retail sale of tobacco products; to prescribe penal-

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

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      agencies and departments.




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

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      cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in

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      any other form  A TOBACCO PRODUCT to a person under 18 years of

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      age.  A person who violates this section is guilty of a misde-

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      meanor, punishable by a fine of not more than  $50.00  $100.00

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      for each offense.

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           (2)  Beginning 90 days after the effective date of this sub-

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      section, a  A person who sells tobacco products at retail shall

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      post, in a place close to the point of sale and conspicuous to

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      both employees and customers, a sign produced by the department

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      of  public  COMMUNITY health that includes the following

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      statement:

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           "The purchase of tobacco products by a minor under 18 years

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      of age and the provision of tobacco products to a minor are pro-

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      hibited by law.  A minor unlawfully purchasing or using tobacco

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      products is subject to criminal penalties."

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

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

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

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

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

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      be 2 inches by 4 inches, and the statement required under subsec-

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

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           (4) The department of  public  COMMUNITY health shall

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      produce the sign required under subsection (2) and have adequate

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      copies of the sign ready for distribution to licensed

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      wholesalers, secondary wholesalers, and unclassified acquirers of



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       cigarettes and other  tobacco products  described in

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      subsection (1)  free of charge.  within 60 days after the effec-

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      tive date of this subsection.  Licensed wholesalers, secondary

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      wholesalers, and unclassified acquirers of  cigarettes and other 

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      tobacco products  described in subsection (1)  shall obtain

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      copies of the sign from the department of  public  COMMUNITY

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      health and distribute them free of charge, upon request, to per-

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      sons who are subject to subsection (2).  The department of public

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

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

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      their supply of  cigarettes or other  tobacco products  described

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      in subsection (1)  from licensed wholesalers, secondary wholesal-

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      ers, and unclassified acquirers of  cigarettes and other  tobacco

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      products.  described in subsection (1). 

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           (5) It is an affirmative defense to a charge pursuant to

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

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      arrest and continues to have in force a written policy to prevent

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      the sale of  cigarettes, cigars, chewing tobacco, tobacco snuff,

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      and other  tobacco products to persons under 18 years of age, and

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      that the defendant enforced and continues to enforce the policy.

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      A defendant who proposes to offer evidence of the affirmative

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      defense described in this subsection shall file and serve notice

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      of the defense, in writing, upon the court and the prosecuting

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      attorney.  The notice shall be served not less than 14 days

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      before the date set for trial.

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           (6) A prosecuting attorney who proposes to offer testimony

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      to rebut the affirmative defense described in subsection (5)



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

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      court and the defendant.  The notice shall be served not less

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

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      name and address of each rebuttal witness.

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           Sec. 2.  (1) A person under 18 years of age shall not

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       possess or smoke cigarettes or cigars; or possess or chew, suck,

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      or inhale chewing tobacco or tobacco snuff; or possess or use

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      tobacco in any other form, on a public highway, street, alley,

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      park, or other lands used for public purposes, or in a public

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      place of business or amusement  PURCHASE OR ATTEMPT TO PURCHASE A

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      TOBACCO PRODUCT, OR RECEIVE OR ATTEMPT TO RECEIVE A TOBACCO PRO-

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      DUCT, OR POSSESS OR ATTEMPT TO POSSESS A TOBACCO PRODUCT IN A

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      PUBLIC PLACE, OR USE OR ATTEMPT TO USE A TOBACCO PRODUCT IN A

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      PUBLIC PLACE.

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           (2) A person who violates  this section  SUBSECTION (1) is

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      guilty of a misdemeanor, punishable by a fine of not more than

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      $50.00 for each  offense  VIOLATION.  Pursuant to a probation

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      order, the  A court may require a person who violates  this

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      section  SUBSECTION (1) to participate in a health promotion and

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      risk reduction assessment program, if available.  A  probationer 

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      PERSON who is ordered to participate in a health promotion and

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      risk reduction assessment program under this  section  SUBSECTION

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      is responsible for the costs of participating in the program.  In

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      addition, a person who violates  this section  SUBSECTION (1) is

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      subject to the following:

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           (a) For the first violation, the court may order the person

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      to do 1 of the following:



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           (i) Perform not more than 16 hours of community service in a

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      hospice, nursing home, or HOSPITAL long-term care  facility 

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      UNIT.

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           (ii) Participate in a health promotion and risk reduction

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      program, as described in this subsection.

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           (b) For a second violation, in addition to participation in

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      a health promotion and risk reduction program, the court may

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      order the person to perform not more than 32 hours of community

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      service in a hospice, nursing home, or HOSPITAL long-term care

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       facility  UNIT.

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           (c) For a third or subsequent violation, in addition to par-

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      ticipation in a health promotion and risk reduction program, the

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      court may order the person to perform not more than 48 hours of

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      community service in a hospice, nursing home, or HOSPITAL

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      long-term care  facility  UNIT.

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           Sec. 4.  As used in this act:

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            (a) "Chewing tobacco" means loose tobacco or a flat, com-

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      pressed cake of tobacco that is inserted into the mouth to be

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      chewed or sucked. 

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           (A)  (b)  "Person who sells tobacco products at retail"

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      means a person whose ordinary course of business consists, in

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      whole or in part, of the retail sale of tobacco products subject

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      to state sales tax.

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            (c) "Tobacco snuff" means shredded, powdered, or pulverized

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      tobacco that may be inhaled through the nostrils, chewed, or

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      placed against the gums. 





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           (B) "PUBLIC PLACE" MEANS A PUBLIC STREET, SIDEWALK, PARK, OR

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      ANY AREA OPEN TO THE GENERAL PUBLIC IN A PUBLICLY OWNED OR

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      OPERATED BUILDING OR PUBLIC PLACE OF BUSINESS.

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           (C) "TOBACCO PRODUCT" MEANS A PRODUCT THAT CONTAINS TOBACCO

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      AND IS INTENDED FOR HUMAN CONSUMPTION, INCLUDING, BUT NOT LIMITED

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      TO, CIGARETTES, NONCIGARETTE SMOKING TOBACCO, OR SMOKELESS TOBAC-

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      CO, AS THOSE TERMS ARE DEFINED IN SECTION 2 OF THE TOBACCO PRO-

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      DUCTS TAX ACT, 1993 PA 327, MCL 205.422, AND CIGARS.

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           (D) "USE A TOBACCO PRODUCT" MEANS TO SMOKE OR OTHERWISE CON-

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      SUME A TOBACCO PRODUCT.




































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