HOUSE BILL No. 4986

 

June 22, 2005, Introduced by Reps. Kolb, Zelenko and Leland and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 473a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 473a. (1) A person shall not use a tobacco product on

 

school property.

 

     (2) A person who violates subsection (1) is guilty of a

 

misdemeanor punishable by a fine of not more than $50.00.

 

     (3) As used in this section:

 

     (a) "Public school academy" means a public school academy,

 

urban high school academy, or strict discipline academy organized

 

and operating under the revised school code, 1976 PA 451, MCL 380.1

 

to 380.1852.


 

     (b) "School property" means a building, facility, or structure

 

and other real estate owned, leased, or otherwise controlled by a

 

public school academy. School property includes outdoor areas.

 

     (c) "Tobacco product" means a preparation of tobacco to be

 

inhaled, chewed, or placed in a person's mouth.

 

     (d) "Use a tobacco product" means any of the following:

 

     (i) The carrying by a person of a lighted cigar, cigarette,

 

pipe, or other lighted smoking device.

 

     (ii) The inhaling or chewing of a tobacco product.

 

     (iii) The placing of a tobacco product within a person's mouth.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4985(request no.

 

02814'05) of the 93rd Legislature is enacted into law.