SENATE BILL NO. 527 April 20, 1999, Introduced by Senators BENNETT, MC COTTER, NORTH, HAMMERSTROM, JOHNSON, ROGERS, GOUGEON and BYRUM and referred to the Committee on Health Policy. A bill to amend 1915 PA 31, entitled "Youth tobacco act," by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), the title and section 4 as amended by 1992 PA 272 and sections 1 and 2 as amended by 1988 PA 314. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to prohibit the selling, giving, or furnishing of 3 tobacco products to minors; to prohibit the PURCHASE OR use of 4 tobacco products by minors; to prohibit the harboring of minors 5 for the purpose of indulging in the use of tobacco products; to 6 regulate the retail sale of tobacco products; to prescribe penal- 7 ties; and to prescribe the powers and duties of certain state 8 agencies and departments. 01700'99 * DAM 2 1 Sec. 1. (1) A person shall not sell, give, or furnishany2cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in3any other formA TOBACCO PRODUCT to a person under 18 years of 4 age. A person who violates this section is guilty of a misde- 5 meanor, punishable by a fine of not more than$50.00$500.00 6 foreachA FIRST offense OR NOT MORE THAN $1,000.00 FOR A 7 SECOND OR SUBSEQUENT OFFENSE. 8 (2)Beginning 90 days after the effective date of this sub-9section, aA person who sells tobacco products at retail shall 10 post, in a place close to the point of sale and conspicuous to 11 both employees and customers, a sign produced by the department 12 ofpublicCOMMUNITY health that includes the following 13 statement: 14 "The purchase of tobacco products by a minor under 18 years 15 of age and the provision of tobacco products to a minor are pro- 16 hibited by law. A minor unlawfully purchasing or using tobacco 17 products is subject to criminal penalties." 18 (3) If the sign required under subsection (2) is more than 6 19 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2 20 inches, and the statement required under subsection (2) shall be 21 printed in 36-pointboldfaceBOLDFACED type. If the sign 22 required under subsection (2) is 6 feet or less from the point of 23 sale, it shall be 2 inches by 4 inches, and the statement 24 required under subsection (2) shall be printed in 20-point 25boldfaceBOLDFACED type. 26 (4) The department ofpublicCOMMUNITY health shall 27 produce the sign required under subsection (2) and have adequate 01700'99 * 3 1 copies of the sign ready for distribution to licensed 2 wholesalers, secondary wholesalers, and unclassified acquirers of 3cigarettes and othertobacco productsdescribed in4subsection (1)free of charge.within 60 days after the effec-5tive date of this subsection.Licensed wholesalers, secondary 6 wholesalers, and unclassified acquirers ofcigarettes and other7 tobacco productsdescribed in subsection (1)shall obtain 8 copies of the sign from the department ofpublicCOMMUNITY 9 health and distribute them free of charge, upon request, to per- 10 sons who are subject to subsection (2). The department of 11publicCOMMUNITY health shall provide copies of the sign free 12 of charge, upon request, to persons subject to subsection (2) who 13 do not purchase their supply ofcigarettes or othertobacco 14 productsdescribed in subsection (1)from licensed wholesalers, 15 secondary wholesalers, and unclassified acquirers ofcigarettes16and othertobacco products.described in subsection (1).17 (5) It is an affirmative defense to a charge pursuant to 18 subsection (1) that the defendant had in force at the time of 19 arrest and continues to have in force a written policy to prevent 20 the sale ofcigarettes, cigars, chewing tobacco, tobacco snuff,21and othertobacco products to persons under 18 years of age, and 22 that the defendant enforced and continues to enforce the policy. 23 A defendant who proposes to offer evidence of the affirmative 24 defense described in this subsection shall file and serve notice 25 of the defense, in writing, upon the court and the prosecuting 26 attorney. The notice shall be served not less than 14 days 27 before the date set for trial. 01700'99 * 4 1 (6) A prosecuting attorney who proposes to offer testimony 2 to rebut the affirmative defense described in subsection (5) 3 shall file and serve a notice of rebuttal, in writing, upon the 4 court and the defendant. The notice shall be served not less 5 than 7 days before the date set for trial, and shall contain the 6 name and address of each rebuttal witness. 7 Sec. 2. (1) A person under 18 years of age shall not 8possess or smoke cigarettes or cigars; or possess or chew, suck,9or inhale chewing tobacco or tobacco snuff; or possess or use10tobacco in any other form, on a public highway, street, alley,11park, or other lands used for public purposes, or in a public12place of business or amusementPURCHASE OR ATTEMPT TO PURCHASE A 13 TOBACCO PRODUCT, OR RECEIVE OR ATTEMPT TO RECEIVE A TOBACCO PRO- 14 DUCT, OR POSSESS OR ATTEMPT TO POSSESS A TOBACCO PRODUCT IN A 15 PUBLIC PLACE, OR USE OR ATTEMPT TO USE A TOBACCO PRODUCT IN A 16 PUBLIC PLACE. 17 (2) A person who violatesthis sectionSUBSECTION (1) is 18 guilty of a misdemeanor, punishable by a fine of not more than 19$50.00$100.00 for eachoffenseVIOLATION.Pursuant to a20probation order, theTHE courtmaySHALL require a person who 21 violatesthis sectionSUBSECTION (1) to participate in a health 22 promotion and risk reduction assessment program, if available. A 23probationerPERSON who is ordered to participate in a health 24 promotion and risk reduction assessment program under this 25sectionSUBSECTION is responsible for the costs of participat- 26 ing in the program. In addition, a person who violatesthis27sectionSUBSECTION (1) is subject to the following: 01700'99 * 5 1 (a) For the first violation, the courtmaySHALL order the 2 person to do 1 of the following: 3 (i) Perform not more than 16 hours of community service in a 4 hospice, nursing home, or HOSPITAL long-term carefacility5 UNIT. 6 (ii) Participate in a health promotion and risk reduction 7 program, as described in this subsection. 8 (b) For a second violation, in addition to participation in 9 a health promotion and risk reduction program, the courtmay10 SHALL order the person to perform not more than 32 hours of com- 11 munity service in a hospice, nursing home, or HOSPITAL long-term 12 carefacilityUNIT. 13 (c) For a third or subsequent violation, in addition to par- 14 ticipation in a health promotion and risk reduction program, the 15 courtmaySHALL order the person to perform not more than 48 16 hours of community service in a hospice, nursing home, or 17 HOSPITAL long-term carefacilityUNIT. 18 Sec. 4. As used in this act: 19(a) "Chewing tobacco" means loose tobacco or a flat, com-20pressed cake of tobacco that is inserted into the mouth to be21chewed or sucked.22 (A)(b)"Person who sells tobacco products at retail" 23 means a person whose ordinary course of business consists, in 24 whole or in part, of the retail sale of tobacco products subject 25 to state sales tax. 01700'99 * 6 1(c) "Tobacco snuff" means shredded, powdered, or pulverized2tobacco that may be inhaled through the nostrils, chewed, or3placed against the gums.4 (B) "PUBLIC PLACE" MEANS A PUBLIC STREET, SIDEWALK, PARK, OR 5 ANY AREA OPEN TO THE GENERAL PUBLIC IN A PUBLICLY OWNED OR OPER- 6 ATED BUILDING OR PUBLIC PLACE OF BUSINESS. 7 (C) "TOBACCO PRODUCT" MEANS A PRODUCT THAT CONTAINS TOBACCO 8 AND IS INTENDED FOR HUMAN CONSUMPTION, INCLUDING BUT NOT LIMITED 9 TO CIGARETTES, NONCIGARETTE SMOKING TOBACCO, OR SMOKELESS TOBAC- 10 CO, AS THOSE TERMS ARE DEFINED IN SECTION 2 OF THE TOBACCO PRO- 11 DUCTS TAX ACT, 1993 PA 327, MCL 205.422, AND CIGARS. 12 (D) "USE A TOBACCO PRODUCT" MEANS TO SMOKE OR OTHERWISE CON- 13 SUME A TOBACCO PRODUCT. 01700'99 * Final page. 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