January 17, 2008, Introduced by Reps. Byrum, Ball, Griffin, Bieda, Condino, Corriveau, Coulouris, Byrnes, Wojno, Gillard, Bauer, Warren, Alma Smith, Constan, McDowell, Lindberg and Valentine 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 1976
PA 451, MCL 380.1 to
380.1852, of
the Michigan Compiled Laws; a joint high school
district
formed under part 3A of Act No. 451 of the Public Acts of
1976,
being sections 380.171 to 380.187 of the Michigan Compiled
Laws;
or a consortium or cooperative
arrangement consisting of any
combination of these entities.
(b) "School property" means a building, facility, or structure
and other real estate owned, leased, or otherwise controlled by a
school district.
(c)
"Tobacco product" means a preparation of product that
contains
tobacco to be inhaled, chewed, or
placed in a person's
mouth
and is intended for human
consumption, including, but not
limited to, cigarettes, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars.
(d) "Use a tobacco product" means any of the following:
(i) The carrying by a person burning of
a lighted cigar,
cigarette,
pipe, or any other lighted smoking device matter or
substance that contains a tobacco product.
(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.