September 6, 2005, Introduced by Senators JACOBS, JOHNSON, GEORGE and BASHAM and referred to the Committee on Education.
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
A person shall not use a
tobacco product on school property.
(2) A person who violates subsection (1) is guilty of a
misdemeanor, punishable by a fine of not more than $50.00.
(3) As used in this section:
(a) "School district" means a school district, local act
school district, or intermediate school district, as those terms
are
defined in the revised 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
former part 3A of Act No. 451 of
the
Public Acts of 1976, being sections 380.171 to 380.187 of the
Michigan Compiled Laws the revised school code,
1976 PA 451; or a
consortium or cooperative arrangement consisting of any combination
of these.
(b) "School property" means a building, facility, or structure
and other real estate owned, leased, or otherwise controlled by a
school district. School property includes outdoor areas.
(c) "Tobacco product" means a preparation of tobacco to be
inhaled, chewed, or placed in a person's mouth.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 731
of the 93rd Legislature is enacted into law.