January 30, 2007, Introduced by Senators GEORGE, BASHAM, JACOBS, SCOTT, SCHAUER, KAHN and PATTERSON and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12601 (MCL 333.12601), as amended by 1988 PA
315; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601. (1) As used in this part:
(a) "Child caring institution" and "child care center" mean
those
terms as defined in section 1 of Act No. 116 of the Public
Acts
of 1973, being section 722.111 of the Michigan Compiled Laws
1973 PA 116, MCL 722.111.
(b) "County medical care facility" means that term as defined
in section 20104.
(c) "Educational facility" means a building owned, leased, or
under the control of a public or private school system, college, or
university.
(d) "Food service establishment" means a food service
establishment
as defined in section 12901 1107
of the food law of
2000, 2000 PA 92, MCL 289.1107.
(e) "Health facility" means a health facility or agency
licensed under article 17, except a home for the aged, nursing
home, county medical care facility, hospice, or hospital long-term
care unit.
(f) "Home for the aged" means that term as defined in section
20106.
(g) "Hospice" means that term as defined in section 20106.
(h) "Hospital long-term care unit" means that term as defined
in section 20106.
(i)
"Licensed premises" means any portion of a building,
structure,
room, or enclosure in which alcoholic liquor may be sold
for
consumption on the premises pursuant to a license issued by the
Michigan liquor control commission.
(i) (j)
"Meeting" means a meeting as defined in section 2 of
the
open meetings act, Act No. 267 of the Public Acts of 1976,
being
section 15.262 of the Michigan Compiled Laws 1976 PA 267, MCL
15.262.
(j) (k)
"Nursing home" means that term as defined in section
20109.
(k) "Place of employment" means an enclosed indoor area
serving as the work area for 1 or more persons employed by a public
or private employer. Place of employment does not include a
structure used primarily as the residence of the owner or lessee
that is also used as an office for the owner or lessee.
(l) "Public body" means a public body as defined in section 2
of
the open meetings act, Act No. 267 of the Public Acts of 1976
1976 PA 267, MCL 15.262.
(m) "Public place", except as otherwise provided in subsection
(2),
means both any of the following:
(i) An enclosed, indoor area owned or operated by a state or
local governmental agency and used by the general public or serving
as a place of work for public employees or a meeting place for a
public body, including an office, educational facility, home for
the aged, nursing home, county medical care facility, hospice,
hospital long-term care unit, auditorium, arena, meeting room, or
public conveyance.
(ii) An enclosed, indoor area which that is
not owned or
operated by a state or local governmental agency, is used by the
general public, and is 1 of the following:
(A) An educational facility.
(B) A home for the aged, nursing home, county medical care
facility, hospice, or hospital long-term care unit.
(C) An auditorium.
(D) An arena.
(E) A theater.
(F) A museum.
(G) A concert hall.
(H) Any other facility during the period of its use for a
performance or exhibit of the arts.
(iii) A place of employment.
(n) "Smoking" or "smoke" means the carrying by a person of a
lighted cigar, cigarette, pipe, or other lighted smoking device.
(2)
Public place does not include a private, enclosed room or
office
occupied exclusively by a smoker, even if the room or
enclosed
office may be visited by a nonsmoker.
(o) "Work area" means a site within a place of employment at
which 1 or more employees are routinely assigned to perform
services for an employer.
(2) An individual shall not smoke in a public place or at a
meeting of a public body.
(3) The state or local governmental agency or the person who
owns or operates a public place shall post signs that state that
smoking in that public place is prohibited.
(4) A person who violates subsection (2) or a state or local
governmental agency or the person who owns or operates a public
place who violates subsection (3) 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.
(5) The department shall enforce this part and rules
promulgated under this part pursuant to sections 2262(2) and 2263.
In addition to the civil fine authorized under subsection (4), the
department may enforce this part and the rules promulgated under
this part through an action commenced pursuant to section 2255 or
any other appropriate action authorized by law. Pursuant to section
2235, the department may authorize a local health department to
enforce this part and the rules promulgated under this part. A
local health department authorized to enforce this part and the
rules promulgated under this part shall enforce this part and the
rules promulgated under this part pursuant to sections 2461(2) and
2462. In addition to the civil fine authorized under subsection
(4), a local health department may enforce this part and the rules
promulgated under this part through an action commenced pursuant to
section 2465 or any other appropriate action authorized by law. In
addition to any other enforcement action authorized by law, a
person alleging a violation of this part may bring a civil action
for appropriate injunctive relief, if the person has used the
public place, child caring institution, child care center, health
facility, or private practice office of an individual who is
licensed under article 15 within 60 days after the civil action is
filed. The remedies under this part are independent and cumulative.
The use of 1 remedy by a person shall not bar the use of other
lawful remedies by that person or the use of a lawful remedy by
another person.
(6) The director shall report biennially to the legislature on
the effect and enforcement of this part. The report shall include,
at a minimum, compliance with subsection (3). Upon request of the
department, the director of the department of management and budget
annually shall report to the department, at a minimum, a list of
each public place owned or operated by the state and its compliance
with subsection (3).
(7) (3)
In addition, article 1 contains general definitions
and principles of construction applicable to all articles of this
code.
Enacting section 1. (1) Sections 12603, 12604a, 12605, 12607,
12611, 12613, 12614, 12615, 12617, 21333, and 21733 of the public
health code, 1978 PA 368, MCL 333.12603, 333.12604a, 333.12605,
333.12607, 333.12611, 333.12613, 333.12614, 333.12615, 333.12617,
333.21333, and 333.21733, are repealed.
(2) Section 6127 of the food law of 2000, 2000 PA 92, MCL
289.6127, is repealed.