November 7, 2013, Introduced by Senators ANDERSON, JONES, BIEDA, PAPPAGEORGE, HOPGOOD, YOUNG, GREGORY, SCHUITMAKER, HOOD, HANSEN, KAHN, NOFS, JANSEN, MARLEAU and HUNTER and referred to the Committee on Regulatory Reform.
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, e-
cigarette, or e-cigarette cartridge.
(b) Possess or attempt to possess a tobacco product, e-
cigarette, or e-cigarette cartridge.
(c) Use a tobacco product, e-cigarette, or e-cigarette
cartridge 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, e-
cigarette, or e-cigarette cartridge.
(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, e-cigarette, or e-cigarette cartridge
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, e-cigarette, or e-cigarette cartridge
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, e-
cigarette, or e-cigarette cartridge 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, e-cigarette, or e-cigarette
cartridge
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 does not take effect
unless Senate Bill No. 668
of the 97th Legislature is enacted into law.