HOUSE BILL No. 4935


     June 17, 1997, Introduced by Reps. Dobronski, Brater, Hale, Anthony, Scranton, Gubow, Parks, Brackenridge, Baird and Willard and referred to the Committee on Local Government.


        A bill to amend 1959 PA 96, entitled

   "An act to prescribe the conditions under which persons, firms,
   corporations and municipalities may enter upon, construct and
   maintain bus passenger shelters upon public highways within the
   corporate limits of municipalities; to permit the posting of
   advertisements thereon; and to provide for the regulation
   thereof,"

   by amending the title and section 5 (MCL 247.335) and by adding

   section 4a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to prescribe the conditions under which persons,

 3    firms, corporations, and municipalities may enter upon,

 4    construct, MANAGE, and maintain bus passenger shelters upon

 5    public highways within the corporate limits of municipalities; to

 6    permit the posting of advertisements  thereon  ON BUS PASSENGER

 7    SHELTERS;  and  to provide for the regulation  thereof  OF BUS



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 1    PASSENGER SHELTERS; AND TO PRESCRIBE PENALTIES AND PROVIDE

 2    REMEDIES.

 3         SEC. 4A.  (1) A PERSON SHALL NOT SMOKE OR CARRY LIGHTED

 4    TOBACCO IN ANY FORM IN A BUS PASSENGER SHELTER IN THIS STATE.  A

 5    PERSON THAT CONTROLS, MANAGES, OR MAINTAINS A BUS PASSENGER SHEL-

 6    TER SHALL NOT PERMIT SMOKING OR THE CARRYING OF LIGHTED TOBACCO

 7    IN ANY FORM IN A BUS PASSENGER SHELTER.

 8         (2) THE PERSON THAT CONTROLS, MANAGES, OR MAINTAINS A BUS

 9    PASSENGER SHELTER SHALL DO ALL OF THE FOLLOWING:

10         (A) POST IN EACH BUS PASSENGER SHELTER A SIGN READING,

11    "SMOKING PROHIBITED BY LAW--VIOLATORS RESPONSIBLE FOR A STATE

12    CIVIL INFRACTION".

13         (B) PROVIDE AND LOCATE NEAR EACH BUS PASSENGER SHELTER

14    ENTRANCE A NONCOMBUSTIBLE RECEPTACLE APPROVED BY THE STATE FIRE

15    MARSHAL FOR THE PROPER DISPOSAL OF CIGAR AND CIGARETTE STUBS,

16    PIPE ASH, OR LIGHTED TOBACCO IN ANY FORM.

17         (3) A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

18    STATE CIVIL INFRACTION AND MAY BE ORDERED TO PAY A CIVIL FINE OF

19    NOT MORE THAN $250.00.

20         (4) A PERSON WHO CONSPICUOUSLY POSTS SIGNS PURSUANT TO SUB-

21    SECTION (2) IS NOT LIABLE FOR A VIOLATION OF SUBSECTION (1).

22         Sec. 5.  The construction, MANAGEMENT, and maintenance of

23    all  such  bus passenger shelters  shall be deemed to be  UNDER

24    THIS ACT IS for the use and convenience of the public.  , but

25     nothing in this section or in sections 2, 3 or 4 shall be con-

26     strued to  THIS ACT DOES NOT grant  any  rights  whatsoever  to

27     any  A person, firm, corporation, or municipality  whatsoever or



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 1    to  AND DOES NOT impair  in any way  any existing rights granted

 2    in accordance with the constitution or laws of this state, but

 3     shall be construed as  IS a regulation of the exercise of  all

 4     such  THOSE rights.
















































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