March 7, 2006, Introduced by Reps. Anderson, Stahl, Vagnozzi, Gonzales, Hood and Lemmons, III and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 473 (MCL 750.473), as added by 1993 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 473. (1) Except as otherwise provided in subsection (4),
a person shall not use a tobacco product on school property or in a
college dormitory.
(2) A person who violates subsection (1) is guilty of a
misdemeanor,
punishable by a fine of not more than
$50.00
$100.00.
(3) As used in this section:
(a) "College dormitory" means a dormitory operated by a degree
or certificate granting public or independent nonprofit university,
college, community college, or junior college.
(b) (a)
"School district" means a school district,
local act
school district, or intermediate school district, as those terms
are
defined in the school code of 1976,
Act No. 451 of the Public
Acts
of 1976, being sections 380.1 to 380.1852 of the Michigan
Compiled
Laws 1976 PA 451, MCL 380.1
to 380.1852; a joint high
school
district formed under part 3A of Act No. 451 of the Public
Acts
of 1976, being sections 380.171 to 380.187 of the Michigan
Compiled
Laws 1976 PA 451, MCL
380.171 to 380.187; or a consortium
or cooperative arrangement consisting of any combination of these.
(c) (b)
"School property" means a building,
facility, or
structure and other real estate owned, leased, or otherwise
controlled by a school district.
(d) (c)
"Tobacco product" means a preparation of
tobacco to
be inhaled, chewed, or placed in a person's mouth.
(e) (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.
(4) Subsection (1) does not apply to that part of school
property consisting of outdoor areas including, but not limited to,
an open-air stadium, during either of the following time periods:
(a) Saturdays, Sundays, and other days on which there are no
regularly scheduled school hours.
(b) After 6 p.m. on days during which there are regularly
scheduled school hours.