HOUSE BILL No. 4285 February 11, 1997, Introduced by Reps. Brackenridge, Hammerstrom, McBryde, Profit, Wetters and Jelinek and referred to the Committee on Health Policy. A bill to prohibit the distribution of tobacco products to minors; to prohibit the use of tobacco products by minors; to regulate the retail sale of tobacco products; to prescribe penal- ties; to prescribe the powers and duties of certain state and local agencies and departments; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "youth tobacco prevention act". 3 Sec. 2. (1) A person shall not distribute a tobacco product 4 to an individual who is under 18 years of age. Except as other- 5 wise provided in this subsection and subject to subsection (5), a 6 person who violates this subsection is responsible for a state 7 civil infraction and is liable for a civil fine of $150.00 for 8 each violation. However, if the person who violates this 00287'97 TLG 2 1 subsection is a person who sells tobacco products at retail, then 2 that person is responsible for a state civil infraction and is 3 liable for a civil fine of $500.00 for each violation. 4 (2) Evidence that a defendant carefully checked and reason- 5 ably relied on proof of age that appeared on its face to be valid 6 is a defense to a charge brought under subsection (1). 7 (3) It is an affirmative defense to a citation issued under 8 subsection (1) for a person who sells tobacco products at retail 9 that he or she had in force at the time the citation is issued 10 and continues to have in force a written policy that includes the 11 requirements of section 7 to prevent the distribution of a 12 tobacco product to individuals under 18 years of age, and that he 13 or she enforced and continues to enforce the policy. A defendant 14 who proposes to offer evidence of the affirmative defense 15 described in this subsection shall file and serve notice of the 16 defense, in writing, upon the court and the prosecuting 17 attorney. However, if an informal hearing on the civil infrac- 18 tion is requested, then the prosecuting attorney shall give this 19 information to the law enforcement agency that issued the 20 citation. The notice shall be served not less than 14 days 21 before the date set for formal or informal hearing. 22 (4) A prosecuting attorney or law enforcement agency that 23 proposes to offer testimony to rebut the affirmative defense 24 described in subsection (3) shall file and serve a notice of 25 rebuttal, in writing, upon the court and the defendant. The 26 notice shall be served not less than 7 days before the date set 00287'97 3 1 for formal or informal hearing, and shall contain the name and 2 address of each rebuttal witness. 3 (5) A person who sells tobacco products at retail shall not 4 be charged with a violation of subsection (1) unless enforcement 5 action under section 3(1) is taken against the individual under 6 18 years of age who purchased or attempted to purchase a tobacco 7 product. However, this subsection does not apply if the individ- 8 ual under 18 years of age purchased a tobacco product as provided 9 in section 10. 10 (6) It is an affirmative defense to a citation issued under 11 subsection (1) that a cited individual employed by a person who 12 sells tobacco products at retail was not provided the notice 13 required under section 7. A defendant who proposes to offer evi- 14 dence of the affirmative defense described in this subsection 15 shall file and serve notice of the defense as described in sub- 16 section (3). A prosecutor or law enforcement agency that pro- 17 poses to offer testimony to rebut the affirmative defense 18 described in this subsection shall file and serve notice of 19 rebuttal as described in subsection (4). 20 Sec. 3. (1) Unless authorized under section 10, an individ- 21 ual under 18 years of age shall not purchase or attempt to pur- 22 chase or receive or attempt to receive, or possess or attempt to 23 possess, or use or attempt to use a tobacco product in a public 24 place. 25 (2) An individual who violates subsection (1) is responsible 26 for a state civil infraction and is liable for a civil fine of 27 not more than $100.00 for each violation. 00287'97 4 1 (3) Except as otherwise provided in this subsection, a law 2 enforcement agency, upon determining that an individual under 18 3 years of age allegedly purchased, received, possessed, or used, 4 or attempted to purc