HOUSE BILL No. 4539


     March 28, 2001, Introduced by Reps. Bernero, Murphy, Whitmer, Plakas, Spade and Waters and referred to the Committee on
Commerce.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 411t.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 411T.  (1) EXCEPT AS PROVIDED IN SUBSECTION (2), A

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      HOTEL OR BED AND BREAKFAST, AND AN EMPLOYEE OF THE HOTEL OR BED

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      AND BREAKFAST, WHO KNOWINGLY RENTS OR LEASES A HOTEL ROOM OR A

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      BED AND BREAKFAST ROOM TO A MINOR, OR FAILS TO MAKE DILIGENT

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      INQUIRY AS TO WHETHER THE INDIVIDUAL IS A MINOR, IS GUILTY OF A

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      MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 6 MONTHS

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      OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

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           (2) A HOTEL OR BED AND BREAKFAST MAY RENT OR LEASE A HOTEL

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      ROOM OR A BED AND BREAKFAST ROOM TO A MINOR IF A PARENT OR

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      GUARDIAN OF THE MINOR DOES EITHER OF THE FOLLOWING:




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           (A) APPEARS IN PERSON AT THE HOTEL OR BED AND BREAKFAST AND

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      GIVES HIS OR HER VERBAL PERMISSION TO THE HOTEL OR BED AND

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      BREAKFAST FOR THE MINOR TO RENT OR LEASE THE ROOM.

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           (B) GIVES WRITTEN PERMISSION TO THE HOTEL OR BED AND BREAK-

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      FAST FOR THE MINOR TO RENT OR LEASE THE ROOM, DELIVERED IN PERSON

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      BY THE PARENT OR GUARDIAN TO THE HOTEL OR BED AND BREAKFAST OR TO

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      AN AFFILIATE OF THE HOTEL OR BED AND BREAKFAST.

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           (3) IN AN ACTION FOR A VIOLATION OF THIS SECTION, PROOF THAT

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      THE DEFENDANT OR THE DEFENDANT'S EMPLOYEE DEMANDED AND WAS SHOWN

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      A MOTOR VEHICLE OPERATOR'S OR CHAUFFEUR'S LICENSE, A REGISTRATION

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      CERTIFICATE ISSUED BY THE FEDERAL SELECTIVE SERVICE, OR OTHER

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      BONA FIDE DOCUMENTARY EVIDENCE OF THE AGE AND IDENTITY OF AN

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      INDIVIDUAL BEFORE RENTING OR LEASING A HOTEL ROOM OR BED AND

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      BREAKFAST ROOM TO THE INDIVIDUAL IS A DEFENSE TO AN ACTION

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      BROUGHT UNDER THIS SECTION.

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           (4) AS USED IN THIS SECTION:

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           (A) "AFFILIATE" MEANS A HOTEL OR BED AND BREAKFAST THAT IS

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      IN CONTROL OF, IS UNDER THE CONTROL OF, OR IS UNDER COMMON CON-

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      TROL WITH ANOTHER HOTEL OR BED AND BREAKFAST.

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           (B) "BED AND BREAKFAST" MEANS THAT TERM AS DEFINED IN SEC-

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      TION 4B OF THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION

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      CODE ACT, 1972 PA 230, MCL 125.1504B.

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           (C) "DILIGENT INQUIRY" MEANS A DILIGENT GOOD FAITH EFFORT TO

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      DETERMINE THE AGE OF AN INDIVIDUAL, THAT INCLUDES AT LEAST AN

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      EXAMINATION OF AN OFFICIAL MICHIGAN OPERATOR'S OR CHAUFFEUR'S

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      LICENSE, AN OFFICIAL MICHIGAN PERSONAL IDENTIFICATION CARD, OR

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      ANY OTHER BONA FIDE PICTURE IDENTIFICATION THAT ESTABLISHES THE



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      IDENTITY AND AGE OF THE INDIVIDUAL, THE EMANCIPATED STATUS OF A

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      MINOR, OR BOTH.

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           (D) "HOTEL" MEANS THAT TERM AS DEFINED IN SECTION 1 OF 1913

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      PA 188, MCL 427.1.

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           (E) "MINOR" MEANS AN INDIVIDUAL UNDER 18 YEARS OF AGE WHO IS

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      NOT EMANCIPATED UNDER SECTION 4 OF 1968 PA 293, MCL 722.4.












































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