SENATE BILL No. 110

 

 

January 27, 2005, Introduced by Senators BASHAM, SWITALSKI, THOMAS, BRATER and CLARKE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1915 PA 31, entitled

 

"Youth tobacco act,"

 

by amending sections 1, 2, and 4 (MCL 722.641, 722.642, and

 

722.644), sections 1 and 2 as amended by 1988 PA 314 and section 4

 

as amended by 1992 PA 272.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) A person shall not sell, give, or furnish  any

 

cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in any

 

other form  a tobacco product to a person under 18 years of age. A

 

person who violates this section is guilty of a misdemeanor,

 

punishable by a fine of not more than  $50.00  $100.00 for  each

 

offense  a first violation committed in a calendar year, not more


 

than $250.00 for a second violation committed in a calendar year,

 

or not more than $500.00 for a third or subsequent violation

 

committed in a calendar year.

 

     (2)  Beginning 90 days after the effective date of this

 

subsection, a  A person who sells tobacco products at retail shall

 

post, in a place close to the point of sale and conspicuous to both

 

employees and customers, a sign produced by the department of  

 

public  community health that includes the following statement:

 

     "The purchase of tobacco products by a minor under 18 years of

 

age and the provision of tobacco products to a minor are prohibited

 

by law. A minor unlawfully purchasing or using tobacco products is

 

subject to criminal penalties."

 

     (3) If the sign required under subsection (2) is more than 6

 

feet from the point of sale, it shall be 5-1/2 inches by 8-1/2

 

inches, and the statement required under subsection (2) shall be

 

printed in 36-point  boldface  boldfaced type. If the sign required

 

under subsection (2) is 6 feet or less from the point of sale, it

 

shall be 2 inches by 4 inches, and the statement required under

 

subsection (2) shall be printed in 20-point  boldface  boldfaced

 

type.

 

     (4) The department of  public  community health shall produce

 

the sign required under subsection (2) and have adequate copies of

 

the sign ready for distribution to licensed wholesalers, secondary

 

wholesalers, and unclassified acquirers of  cigarettes and other  

 

tobacco products  described in subsection (1)  free of charge.  

 

within 60 days after the effective date of this subsection.  

 

Licensed wholesalers, secondary wholesalers, and unclassified


 

acquirers of  cigarettes and other  tobacco products  described in

 

subsection (1)  shall obtain copies of the sign from the department

 

of  public  community health and distribute them free of charge,

 

upon request, to persons who are subject to subsection (2). The

 

department of  public  community health shall provide copies of the

 

sign free of charge, upon request, to persons subject to subsection

 

(2) who do not purchase their supply of  cigarettes or other  

 

tobacco products  described in subsection (1)  from licensed

 

wholesalers, secondary wholesalers, and unclassified acquirers of  

 

cigarettes and other  tobacco products.  described in subsection

 

(1).

 

     (5) It is an affirmative defense to a charge pursuant to

 

subsection (1) that the defendant had in force at the time of

 

arrest and continues to have in force a written policy to prevent

 

the sale of  cigarettes, cigars, chewing tobacco, tobacco snuff,

 

and other  tobacco products to persons under 18 years of age, and

 

that the defendant enforced and continues to enforce the policy. A

 

defendant who proposes to offer evidence of the affirmative defense

 

described in this subsection shall file and serve notice of the

 

defense, in writing, upon the court and the prosecuting attorney.

 

The notice shall be served not less than 14 days before the date

 

set for trial.

 

     (6) A prosecuting attorney who proposes to offer testimony to

 

rebut the affirmative defense described in subsection (5) shall

 

file and serve a notice of rebuttal, in writing, upon the court and

 

the defendant. The notice shall be served not less than 7 days

 

before the date set for trial, and shall contain the name and


 

address of each rebuttal witness.

 

     Sec. 2. (1) A person under 18 years of age shall not possess

 

or  smoke cigarettes or cigars; or possess or chew, suck, or inhale

 

chewing tobacco or tobacco snuff; or possess or use tobacco in any

 

other form, on a public highway, street, alley, park, or other

 

lands used for public purposes, or in a public place of business or

 

amusement  use a tobacco product in a public place.

 

     (2) A person who violates  this section  subsection (1) is

 

guilty of a misdemeanor, punishable by a fine of not more than

 

$50.00 for each  offense  violation.  Pursuant to a probation

 

order, the  The court  may  shall require a person who violates  

 

this section  subsection (1) to participate in a health promotion

 

and risk reduction assessment program, if available. A  probationer  

 

person who is ordered to participate in a health promotion and risk

 

reduction assessment program under this  section  subsection is

 

responsible for the costs of participating in the program. In

 

addition, a person who violates  this section  subsection (1) is

 

subject to the following:

 

     (a) For the first violation, the court  may  shall order the

 

person to do 1 of the following:

 

     (i) Perform not more than 16 hours of community service in a

 

hospice, nursing home, or hospital long-term care  facility  unit.

 

     (ii) Participate in a health promotion and risk reduction

 

program, as described in this subsection.

 

     (b) For a second violation, in addition to participation in a

 

health promotion and risk reduction program, the court  may  shall

 

order the person to perform not more than 32 hours of community


 

service in a hospice, nursing home, or hospital long-term care  

 

facility  unit.

 

     (c) For a third or subsequent violation, in addition to

 

participation in a health promotion and risk reduction program, the

 

court  may  shall order the person to perform not more than 48

 

hours of community service in a hospice, nursing home, or hospital

 

long-term care  facility  unit.

 

     Sec. 4. As used in this act:

 

      (a) "Chewing tobacco" means loose tobacco or a flat,

 

compressed cake of tobacco that is inserted into the mouth to be

 

chewed or sucked.

 

     (a)   (b)  "Person who sells tobacco products at retail" means

 

a person whose ordinary course of business consists, in whole or in

 

part, of the retail sale of tobacco products subject to state sales

 

tax.

 

      (c) "Tobacco snuff" means shredded, powdered, or pulverized

 

tobacco that may be inhaled through the nostrils, chewed, or placed

 

against the gums.

 

     (b) "Public place" means a public street, sidewalk, park, or

 

any area open to the general public in a publicly owned or operated

 

building or public place of business.

 

     (c) "Tobacco product" means a product that contains tobacco

 

and is intended for human consumption, including but not limited to

 

cigarettes, noncigarette smoking tobacco, or smokeless tobacco, as

 

those terms are defined in section 2 of the tobacco products tax

 

act, 1993 PA 327, MCL 205.422, and cigars.

 

     (d) "Use a tobacco product" means to smoke or otherwise


 

consume a tobacco product.