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.