SB-0667, As Passed Senate, June 12, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 667

     A bill to amend 1915 PA 31, entitled

"Youth tobacco act,"

by amending section 2 (MCL 722.642), as amended by 2006 PA 236.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) Subject to subsection (3), a minor shall not do

any of the following:

     (a) Purchase or attempt to purchase a tobacco product, vapor

product, or alternative nicotine product.

     (b) Possess or attempt to possess a tobacco product, vapor

product, or alternative nicotine product.

     (c) Use a tobacco product, vapor product, or alternative

nicotine product in a public place.

     (d) Present or offer to an individual a purported proof of age

that is false, fraudulent, or not actually his or her own proof of

age for the purpose of purchasing, attempting to purchase,

possessing, or attempting to possess a tobacco product, vapor

product, or alternative nicotine product.

     (2) An individual who violates subsection (1) is guilty of a

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

violation. Pursuant to a probation order, the court may also

require an individual who violates subsection (1) to participate in

a health promotion and risk reduction assessment program, if

available. An individual who is ordered to participate in a health

promotion and risk reduction assessment program under this

subsection is responsible for the costs of participating in the

program. In addition, an individual who violates subsection (1) is

subject to the following:

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

individual to do 1 of the following:

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

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

     (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 order

the individual to perform not more than 32 hours of community

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

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

participation in a health promotion and risk reduction program, the

court may order the individual to perform not more than 48 hours of

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

facility.

     (3) Subsection (1) does not apply to a minor participating in

any of the following:

     (a) An undercover operation in which the minor purchases or

receives a tobacco product, vapor product, or alternative nicotine

product under the direction of the minor's employer and with the

prior approval of the local prosecutor's office as part of an

employer-sponsored internal enforcement action.

     (b) An undercover operation in which the minor purchases or

receives a tobacco product, vapor product, or alternative nicotine

product under the direction of the state police or a local police

agency as part of an enforcement action, unless the initial or

contemporaneous purchase or receipt of the tobacco product, vapor

product, or alternative nicotine product by the minor was not under

the direction of the state police or the local police agency and

was not part of the undercover operation.

     (c) Compliance checks in which the minor attempts to purchase

tobacco products for the purpose of satisfying federal substance

abuse block grant youth tobacco access requirements, if the

compliance checks are conducted under the direction of a substance

abuse coordinating agency as defined in section 6103 of the public

health code, 1978 PA 368, MCL 333.6103, and with the prior approval

of the state police or a local police agency.

     (4) Subsection (1) does not apply to the handling or

transportation of a tobacco product, vapor product, or alternative

nicotine product by a minor under the terms of that the minor's

employment.

     (5) This section does not prohibit the an individual from

being charged with, convicted of, or sentenced for any other

violation of law arising that arises out of the violation of

subsection (1).

     Enacting section 1. This amendatory act takes effect 60 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following of the 97th Legislature are enacted

into law:

     (a) Senate Bill No. 668.

     (b) House Bill No. 4997.