November 2, 2005, Introduced by Reps. David Law, Vander Veen, Schuitmaker, Jones, Newell, Kahn and Taub and referred to the Committee on Judiciary.
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:
TITLE
An act to prohibit the selling, giving, or furnishing of
tobacco products to minors; to prohibit the purchase, possession,
or
use of tobacco products by minors; to
prohibit the harboring of
minors
for the purpose of indulging in the use of tobacco products;
to regulate the retail sale of tobacco products; to prescribe
penalties; and to prescribe the powers and duties of certain state
agencies and departments.
Sec.
1. (1) A person shall not sell, give, or furnish any
cigarette,
cigar, chewing tobacco, tobacco snuff, or tobacco in any
other
form a tobacco product to a person under 18 years of age
minor. A person who violates this section
subsection is guilty of
a
misdemeanor , punishable by a fine of not more than $50.00 for
each offense
violation.
(2) Beginning
90 days after the effective date of this
subsection,
a A person who sells tobacco products at retail shall
post, in a place close to the point of sale and conspicuous to both
employees and customers, a sign produced by the department of
public
community health that includes the following statement:
"The purchase of tobacco products by a minor under 18 years of
age and the provision of tobacco products to a minor are prohibited
by law. A minor unlawfully purchasing or using tobacco products is
subject to criminal penalties.".
(3) If the sign required under subsection (2) is more than 6
feet from the point of sale, it shall be 5-1/2 inches by 8-1/2
inches ,
and the statement required under subsection (2)
shall be
printed
in 36-point boldface boldfaced type. If the sign
required
under subsection (2) is 6 feet or less from the point of sale, it
shall
be 2 inches by 4 inches , and the statement required under
subsection
(2) shall be printed in 20-point boldface boldfaced
type.
(4)
The department of public community
health shall produce
the sign required under subsection (2) and have adequate copies of
the sign ready for distribution to licensed wholesalers, secondary
wholesalers,
and unclassified acquirers of cigarettes and other
tobacco
products described in subsection (1) free
of charge.
within
60 days after the effective date of this subsection.
Licensed wholesalers, secondary wholesalers, and unclassified
acquirers
of cigarettes and other tobacco
products described in
subsection
(1) shall obtain copies of the sign from the department
of public
community health and distribute them free of charge,
upon request, to persons who are subject to subsection (2). The
department
of public community
health shall provide copies of the
sign free of charge, upon request, to persons subject to subsection
(2)
who do not purchase their supply of
cigarettes or other
tobacco
products described in subsection (1) from licensed
wholesalers,
secondary wholesalers, and unclassified acquirers of
cigarettes
and other tobacco products described in subsection
(1)
licensed under the tobacco products tax act, 1993 PA 327, MCL
205.421 to 205.436.
(5)
It is an affirmative defense to a charge pursuant to
under subsection (1) that the defendant had in force at the time of
arrest and continues to have in force a written policy to prevent
the
sale of cigarettes, cigars, chewing tobacco, tobacco snuff,
and
other tobacco products to persons under 18 years of age ,
and that the defendant enforced and continues to enforce the
policy. A defendant who proposes to offer evidence of the
affirmative defense described in this subsection shall file and
serve notice of the defense, in writing, upon the court and the
prosecuting attorney. The notice shall be served not less than 14
days before the date set for trial.
(6) A prosecuting attorney who proposes to offer testimony to
rebut the affirmative defense described in subsection (5) shall
file and serve a notice of rebuttal, in writing, upon the court and
the defendant. The notice shall be served not less than 7 days
before
the date set for trial , and shall contain the name and
address of each rebuttal witness.
(7) Subsection (1) does not apply to the handling or
transportation of a tobacco product by a minor under the terms of
that minor's employment.
Sec.
2. (1) A person under 18 years of age shall not possess
or
smoke cigarettes or cigars; or possess or chew, suck, or inhale
chewing
tobacco or tobacco snuff; or possess or use tobacco in any
other
form, on a public highway, street, alley, park, or other
lands
used for public purposes, or in a public place of business or
amusement.
A person A minor shall not
do any of the following:
(a) Purchase or attempt to purchase a tobacco product.
(b) Possess or attempt to possess a tobacco product.
(c) Use a tobacco product in a public place.
(d) Present or offer to an individual a purported proof of age
that is false, fraudulent, or not actually his or her own proof of
age for the purpose of purchasing, attempting to purchase,
possessing, or attempting to possess a tobacco product.
(2)
An individual who violates this
section subsection (1)
is
guilty of a misdemeanor , punishable by a fine of not more
than
$50.00 for each offense violation. Pursuant to a
probation
order,
the court may also require a person who violates this
section
subsection (1) to participate in a health promotion and
risk
reduction assessment program, if available. A probationer
person who is ordered to participate in a health promotion and risk
reduction
assessment program under this section subsection is
responsible for the costs of participating in the program. In
addition,
a person who violates this section subsection (1) is
subject to the following:
(a) For the first violation, the court may order the person to
do 1 of the following:
(i) Perform not more than 16 hours of community service in a
hospice, nursing home, or long-term care facility.
(ii) Participate in a health promotion and risk reduction
program, as described in this subsection.
(b) For a second violation, in addition to participation in a
health promotion and risk reduction program, the court may order
the person to perform not more than 32 hours of community service
in a hospice, nursing home, or long-term care facility.
(c) For a third or subsequent violation, in addition to
participation in a health promotion and risk reduction program, the
court may order the person to perform not more than 48 hours of
community service in a hospice, nursing home, or long-term care
facility.
Sec. 4. As used in this act:
(a)
"Chewing tobacco" means loose tobacco or a flat,
compressed
cake of tobacco that is inserted into the mouth to be
chewed
or sucked.
(a) "Minor" means an individual under 18 years of age.
(b) "Person who sells tobacco products at retail" means a
person whose ordinary course of business consists, in whole or in
part, of the retail sale of tobacco products subject to state sales
tax.
(c)
"Tobacco snuff" means shredded, powdered, or pulverized
tobacco
that may be inhaled through the nostrils, chewed, or placed
against
the gums.
(c) "Public place" means a public street, sidewalk, or park or
any area open to the general public in a publicly owned or operated
building or public place of business.
(d) "Tobacco product" means a product that contains tobacco
and is intended for human consumption, including, but not limited
to, cigarettes, noncigarette smoking tobacco, or smokeless tobacco,
as those terms are defined in section 2 of the tobacco products tax
act, 1993 PA 327, MCL 205.422, and cigars.
(e) "Use a tobacco product" means to smoke, chew, suck,
inhale, or otherwise consume a tobacco product.