HOUSE BILL No. 5825

 

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.