House Introduced Bill 6247

HOUSE BILL No. 6247

August 13, 2002, Introduced by Rep. Callahan and referred to the Committee on Commerce.

A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

(MCL 29.1 to 29.34) by adding section 3f.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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SEC. 3F. (1) WITHIN 2 YEARS AFTER THE EFFECTIVE DATE OF THE

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AMENDATORY ACT THAT ADDED THIS SECTION, THE BOARD SHALL BY RULE

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ESTABLISH 1 OF THE FOLLOWING PERFORMANCE STANDARDS FOR THE SALE

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OR OFFER FOR SALE OF CIGARETTES IN THIS STATE:

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(A) A MAXIMUM TIME PERIOD WITHIN WHICH LIT CIGARETTES THAT

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ARE NOT SMOKED MUST STOP BURNING TO MEET THE STANDARD.

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(B) A PERFORMANCE STANDARD FOR CIGARETTES THAT THE BOARD

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DETERMINES LIMITS THE RISK THAT LIT CIGARETTES WILL IGNITE UPHOL-

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STERED FURNITURE, MATTRESSES, OR OTHER HOUSEHOLD FURNISHINGS,

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OTHER THAN THE TIME PERIOD DESCRIBED IN SUBDIVISION (A).

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(2) IN ADOPTING THE RULES ESTABLISHING THE PERFORMANCE

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STANDARD DESCRIBED IN SUBSECTION (1), THE BOARD SHALL MEET ALL OF

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THE FOLLOWING:

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(A) THE BOARD SHALL CONSULT WITH THE DEPARTMENT OF COMMUNITY

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HEALTH AND CONSIDER WHETHER CIGARETTES MANUFACTURED IN ACCORDANCE

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WITH THE PERFORMANCE STANDARD MAY REASONABLY RESULT IN INCREASED

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HEALTH RISKS TO CONSUMERS.

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(B) THE BOARD SHALL ESTABLISH 1 OF THE FOLLOWING EFFECTIVE

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DATES FOR THE RULES:

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(i) ONE HUNDRED EIGHTY DAYS AFTER THE DATE OF PROMULGATION.

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(ii) IF THE BOARD FINDS THAT MANUFACTURERS CAN MEET THE PER-

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FORMANCE STANDARD BY A DATE THAT IS EARLIER THAN 180 DAYS AFTER

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THE DATE OF PROMULGATION, THAT DATE.

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(C) THE BOARD SHALL PROMULGATE THE RULES IN ACCORDANCE WITH

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THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL

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24.201 TO 24.328.

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(3) WITHIN 18 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDA-

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TORY ACT THAT ADDED THIS SECTION, THE BOARD SHALL REPORT TO THE

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GOVERNOR AND THE LEGISLATURE ON THE STATUS OF ITS WORK IN ADOPT-

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ING THE RULES DESCRIBED IN THIS SECTION.

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(4) EXCEPT AS PROVIDED IN SUBSECTION (6), BEGINNING ON THE

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EFFECTIVE DATE ESTABLISHED UNDER SUBSECTION (2), A MANUFACTURER

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SHALL NOT SELL OR OFFER TO SELL CIGARETTES IN THIS STATE UNLESS

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THE MANUFACTURER HAS MET ALL OF THE FOLLOWING:

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(A) HAS CERTIFIED IN WRITING TO THE BOARD AND THE ATTORNEY

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GENERAL THAT THE CIGARETTES MEET THE PERFORMANCE STANDARD IN THE

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RULES DESCRIBED IN SUBSECTION (1).

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(B) HAS PROVIDED COPIES OF THE WRITTEN CERTIFICATION TO EACH

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WHOLESALER WHO SELLS OR OFFERS TO SELL CIGARETTES MADE BY THE

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MANUFACTURER IN THIS STATE.

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(C) HAS NOTIFIED EACH RETAILER WHO SELLS OR OFFERS TO SELL

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CIGARETTES MADE BY THE MANUFACTURER IN THIS STATE WHICH CIGA-

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RETTES MADE BY THE MANUFACTURER ARE CERTIFIED BY THE MANUFACTURER

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AND WHICH CIGARETTES ARE NOT CERTIFIED BY THE MANUFACTURER. THE

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BOARD BY RULE SHALL ESTABLISH THE PROCEDURE FOR AND FORM OF

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NOTIFICATION.

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(5) EXCEPT AS PROVIDED IN SUBSECTION (6), BEGINNING ON THE

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EFFECTIVE DATE ESTABLISHED UNDER SUBSECTION (2), A PERSON SHALL

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NOT SELL OR OFFER TO SELL CIGARETTES IN THIS STATE THAT HAVE NOT

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BEEN CERTIFIED BY THE MANUFACTURER UNDER SUBSECTION (4)(A).

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(6) IT IS NOT A VIOLATION OF THIS SECTION IF A PERSON ONLY

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SELLS OR OFFERS TO SELL CIGARETTES IN ANOTHER STATE OR OUTSIDE OF

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THE UNITED STATES.

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(7) A WHOLESALER OR ANY OTHER PERSON WHO SELLS OR OFFERS TO

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SELL CIGARETTES AT WHOLESALE WHO KNOWINGLY VIOLATES

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SUBSECTION (5) IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN

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$10,000.00 FOR EACH VIOLATION.

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(8) A RETAILER OR ANY OTHER PERSON WHO SELLS OR OFFERS TO

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SELL CIGARETTES AT RETAIL WHO KNOWINGLY VIOLATES SUBSECTION (5)

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IS SUBJECT TO 1 OF THE FOLLOWING FOR EACH VIOLATION:

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(A) IF THE TOTAL NUMBER OF CIGARETTES SOLD OR OFFERED FOR

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SALE IS 1,000 OR LESS, A CIVIL FINE OF NOT MORE THAN $500.00 FOR

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THAT SALE OR OFFER TO SELL.

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(B) IF THE TOTAL NUMBER OF CIGARETTES SOLD OR OFFERED FOR

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SALE IS MORE THAN 1,000, A CIVIL FINE OF NOT MORE THAN

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$1,000.00 FOR THAT SALE OR OFFER TO SELL.

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(9) IN ADDITION TO ANY PENALTY PRESCRIBED BY LAW, A MANUFAC-

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TURER WHO KNOWINGLY MAKES A FALSE CERTIFICATION UNDER SUBSECTION

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(4) IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $10,000.00 FOR

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EACH FALSE CERTIFICATION.

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(10) THE BOARD SHALL ADMINISTER AND THE ATTORNEY GENERAL

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SHALL ENFORCE THIS SECTION. IN ADDITION TO ANY OTHER REMEDY FOR

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A VIOLATION OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN

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ACTION TO RESTRAIN FURTHER VIOLATIONS OF THIS SECTION AND FOR

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OTHER APPROPRIATE RELIEF.

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(11) THE CIGARETTE FIRE SAFETY FUND IS CREATED IN THE STATE

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TREASURY. THE BOARD SHALL ADMINISTER THE FUND. THE STATE TREA-

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SURER SHALL DIRECT THE INVESTMENT OF MONEY IN THE FUND. THE

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BOARD SHALL USE THE MONEY IN THE FUND AND EARNINGS FROM INVEST-

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MENT OF THE MONEY EXCLUSIVELY FOR THE PURPOSE OF FIRE SAFETY AND

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PREVENTION PROGRAMS. ANY CIVIL FINES ORDERED IN AN ENFORCEMENT

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PROCEEDING FOR A VIOLATION OF THIS SECTION AND ANY OTHER MONEY

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APPROPRIATED OR MADE AVAILABLE FOR THOSE PROGRAMS SHALL BE DEPOS-

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ITED IN THE FUND.

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(12) AS USED IN THIS SECTION:

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(A) "CIGARETTE" MEANS THAT TERM AS DEFINED IN SECTION 2 OF

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THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.422.

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(B) "FUND" MEANS THE CIGARETTE FIRE SAFETY FUND CREATED IN

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SUBSECTION (10).

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(C) "MANUFACTURER" MEANS THAT TERM AS DEFINED IN SECTION 2

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OF THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.422.

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(D) "PERSON" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE

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TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.422.

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(E) "RETAILER" MEANS THAT TERM AS DEFINED IN SECTION 2 OF

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THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.422.

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(F) "WHOLESALER" MEANS THAT TERM AS DEFINED IN SECTION 2 OF

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THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.422.

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