HOUSE BILL No. 5087

 

August 10, 2005, Introduced by Rep. Lemmons, III and referred to the Committee on Commerce.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 12601, 12604, 12604a, 12605, and 12611 (MCL

 

333.12601, 333.12604, 333.12604a, 333.12605, and 333.12611),

 

section 12601 as amended and section 12604a as added by 1988 PA

 

315, sections 12604 and 12611 as amended by 1993 PA 217, and

 

section 12605 as amended by 1988 PA 296.

 

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  that term 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.

 

     (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.

 

     (k) "Minor" means an individual who is less than 18 years of

 

age.

 


     (l)  (k)  "Nursing home" means that term as defined in section

 

20109.

 

     (m)  (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.

 

     (n)  (m)  "Public place", except as otherwise provided in

 

subsection (2), means both 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 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.

 


     (o)  (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.

 

     (3) In addition, article 1 contains general definitions and

 

principles of construction applicable to all articles of this code.

 

     Sec. 12604.  (1) An individual shall not smoke in a child

 

caring institution or child care center or on real property that is

 

under the control of a child caring institution or a child care

 

center and upon which the child caring institution or child care

 

center is located, including other related buildings.

 

     (2) An individual shall not smoke in an enclosed, indoor area

 

if a minor is present within that same area.

 

     (3)  (2)  An individual who violates  this section  subsection

 

(1) is subject to all the penalties described in section 15 of  Act

 

No. 116 of the Public Acts of 1973, being section 722.125 of the

 

Michigan Compiled Laws  1973 PA 116, MCL 722.125, except

 

imprisonment.

 

     Sec. 12604a.  (1) An individual shall not smoke in the common

 

or treatment area of a private practice office of an individual who

 

is licensed under article 15.

 

     (2) An individual shall not smoke in a health facility except

 

under 1 or more of the following circumstances:

 

     (a) In cases where a prohibition on smoking would be

 

detrimental to the patient's treatment as defined by medical

 


conditions identified by the collective health facility medical

 

staff. Patients who are permitted to smoke under this subdivision

 

shall be placed in a separate room from nonsmoking patients.

 

     (b) If a health facility allows smoking, that smoking is

 

allowed only in designated areas that are enclosed and ventilated

 

or otherwise constructed which ensures a smoke free environment in

 

patient care areas and common areas.  A minor shall be prohibited

 

from entering a designated area.

 

     Sec. 12605. (1) A smoking area may be designated by the state

 

or local governmental agency or the person who owns or operates a

 

public place, except in a public place in which smoking is

 

prohibited by law. If a smoking area is designated, existing

 

physical barriers and ventilation systems shall be used to minimize

 

the toxic effect of smoke in both smoking and adjacent nonsmoking

 

areas and minors shall be prohibited from entering the designated

 

area.

 

     (2) In the case of a public place consisting of a single room,

 

the state or local governmental agency or the person who owns or

 

operates the single room shall be in compliance with this part if

 

1/2 of the room is reserved and posted as a no smoking area.

 

     (3) If smoking is permitted in a public place, the state or

 

local governmental agency or the person who owns or operates the

 

public place shall develop a written policy for the separation of

 

smokers and nonsmokers which provides, at a minimum, for all of the

 

following:

 

     (a) Nonsmokers to be located closest to the source of fresh

 

air.

 


     (b) Special consideration to be given to individuals with a

 

hypersensitivity to tobacco smoke.

 

     (c) A procedure to receive, investigate, and take action on

 

complaints.

 

     Sec. 12611. A person who violates section 12603(1), 12604(2),  

 

or 12604a or a person or state or local governmental agency that

 

owns or operates a public place and that violates section 12605 or

 

12607 shall be directed to comply with this part and is subject to

 

a civil fine of not more than  $100.00  $500.00 for a first

 

violation and not more than  $500.00  $1,000.00 for a second or

 

subsequent violation.