Bill Text: MI HB4039 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Tobacco; other; youth tobacco act; prohibit selling, giving, or furnishing tobacco products or tobacco paraphernalia to individuals under 21 and repeal prohibition of the purchase, possession, or use of tobacco products by minors. Amends title & secs. 1, 2a & 4 of 1915 PA 31 (MCL 722.641 et seq.); adds sec. 3a & repeals sec. 2 of 1915 PA 31 (MCL 722.642).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-16 - Bill Electronically Reproduced 01/15/2019 [HB4039 Detail]

Download: Michigan-2019-HB4039-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4039

 

 

January 15, 2019, Introduced by Reps. Brann, Hoadley, Vaupel, Sabo, Calley, Wittenberg and Pagan and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1915 PA 31, entitled

 

"Youth tobacco act,"

 

by amending the title and sections 1, 2a, and 4 (MCL 722.641,

 

722.642a, and 722.644), the title and sections 1 and 4 as amended

 

by 2006 PA 236 and section 2a as added by 1992 PA 272, and by

 

adding section 3a; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                           TITLE

 

     An act to prohibit the selling, giving, or furnishing of

 

tobacco products and tobacco paraphernalia to minors; to prohibit

 

the purchase, possession, or use of tobacco products by minors; to

 

regulate the retail sale of tobacco products and tobacco

 

paraphernalia; to prescribe penalties; and to prescribe the powers

 

and duties of certain state agencies and departments; and to

 


provide for the powers and duties of certain state and local

 

governmental entities.

 

     Sec. 1. (1) A person shall not sell, give, or furnish a

 

tobacco product or tobacco paraphernalia to a minor. A person who

 

violates this subsection is guilty of responsible for a misdemeanor

 

punishable by a state civil infraction and may be ordered to pay a

 

civil fine of not less than $1,000.00 or more than $2,500.00 for

 

the first violation, and not less than $2,500.00 or more than

 

$50.00 for each violation.$5,000.00 for a second or subsequent

 

violation occurring within 24 months after a previous violation of

 

this subsection.

 

     (2) A Subject to subsection (3), a person who that sells

 

tobacco products or tobacco paraphernalia at retail shall post , in

 

a place close to the point of sale and conspicuous to both

 

employees and customers, a sign produced by the department of

 

community health and human services that includes the following

 

statement:

 

     "The purchase sale of a tobacco products by a minor product or

 

tobacco paraphernalia to an individual who is under 18 21 years of

 

age and the provision of tobacco products to a minor are is

 

prohibited by law.". A minor unlawfully purchasing or using tobacco

 

products is subject to criminal penalties.".

 

     (3) If the A person that sells tobacco products or tobacco

 

paraphernalia at retail shall ensure that the sign required under

 

subsection (2) is more than 6 feet from the point of sale, it shall

 

is posted in a place that is within 6 feet of each point of sale,

 

is unobstructed, and is conspicuous to both employees and


customers. The sign required under subsection (2) must be 5-1/2

 

inches by 8-1/2 inches, and the statement required under subsection

 

(2) shall must be printed in 36-point boldfaced type. If the sign

 

required under subsection (2) is 6 feet or less from the point of

 

sale, it shall be 2 inches by 4 inches and the statement required

 

under subsection (2) shall be printed in 20-point boldfaced type.

 

     (4) The department of community health and human services

 

shall produce the sign required under subsection (2) and have

 

adequate copies of the sign ready for distribution to licensed

 

wholesalers, secondary wholesalers, and unclassified acquirers of

 

tobacco products free of charge. Licensed wholesalers, secondary

 

wholesalers, and unclassified acquirers of tobacco products shall

 

obtain copies of the sign from the department of community health

 

and human services and distribute them free of charge, upon

 

request, to persons who that are subject to subsection (2). The

 

department of community health and human services shall provide

 

copies of the sign free of charge, upon request, to persons subject

 

to subsection (2) who that do not purchase their supply of tobacco

 

products from wholesalers, secondary wholesalers, and unclassified

 

acquirers of tobacco products licensed under the tobacco products

 

tax act, 1993 PA 327, MCL 205.421 to 205.436.

 

     (5) It is an affirmative defense to a charge citation issued

 

under subsection (1) that the defendant had in force at the time of

 

arrest and continues to have in force a written policy to prevent

 

the sale of tobacco products to persons under 18 years of age and

 

that the defendant enforced and continues to enforce the policy.

 

demanded, was shown, and reasonably relied on a government-issued


photographic identification that established that the individual

 

was at least 21 years of age before the defendant sold, gave, or

 

furnished the tobacco product or tobacco paraphernalia to the

 

individual. A defendant who proposes to offer evidence of the

 

affirmative defense described in this subsection shall file and

 

serve a written notice of the defense , in writing, upon with the

 

court and serve a copy of the notice on the prosecuting attorney.

 

The defendant shall file and serve the notice shall be served not

 

less than 14 days before the hearing date. set for trial.

 

     (6) A prosecuting attorney who proposes to offer testimony to

 

rebut the affirmative defense described in subsection (5) shall

 

file and serve a written notice of rebuttal , in writing, upon with

 

the court and serve a copy of the notice on the defendant. The

 

prosecuting attorney shall file and serve the notice shall be

 

served not less than 7 days before the hearing date set for trial

 

and shall contain include in the notice the name and address of

 

each rebuttal witness.

 

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

 

transportation of a tobacco product or tobacco paraphernalia by a

 

minor under the terms of that minor's employment.

 

     Sec. 2a. (1) Except as otherwise provided in subsection (2), a

 

A person who that sells tobacco products or tobacco paraphernalia

 

at retail shall not sell a cigarette separately from its package.

 

     (2) Subsection (1) does not apply to a person who sells

 

tobacco products at retail in a tobacco specialty retail store or

 

other retail store that deals exclusively in the sale of tobacco

 

products and smoking paraphernalia.


     (2) (3) A person who that violates subsection (1) is guilty of

 

a misdemeanor , punishable by a fine of not more than $500.00 for

 

each offense.

 

     Sec. 3a. A city, township, village, county, other local unit

 

of government, or political subdivision of this state may adopt an

 

ordinance or a regulation that regulates the sale of tobacco

 

products or tobacco paraphernalia in a manner that is as

 

restrictive or more restrictive than this act.

 

     Sec. 4. As used in this act:

 

     (a) "Electronic device" means a product that delivers nicotine

 

or another similar substance that is intended for human consumption

 

and that can be used by an individual to simulate smoking through

 

inhalation of vapor or aerosol from the product. Electronic device

 

includes, but is not limited to, an electronic cigarette, an

 

electronic cigar, an electronic pipe, or an electronic hookah.

 

     (b) "Government-issued photographic identification" means a

 

document that includes a photograph and the date of birth of an

 

individual that is issued by a federal, state, or local unit of

 

government, or a political subdivision or agency of a federal,

 

state, or local unit of government.

 

     (c) (a) "Minor" means an individual under 18 who is less than

 

21 years of age.

 

     (d) "Person" means an individual, firm, partnership, limited

 

partnership, association, limited liability company, corporation,

 

or other legal entity.

 

     (e) (b) "Person who that sells tobacco products or tobacco

 

paraphernalia at retail" means a person whose ordinary course of


business consists, in whole or in part, of the retail sale of

 

tobacco products or tobacco paraphernalia subject to state sales

 

tax.

 

     (c) "Public place" means a public street, sidewalk, or park or

 

any area open to the general public in a publicly owned or operated

 

building or public place of business.

 

     (f) "Tobacco paraphernalia" means an item designed or marketed

 

for the consumption, use, or preparation of a tobacco product.

 

     (g) (d) "Tobacco product" means a product that contains or is

 

made or derived from tobacco or nicotine and that is intended for

 

human consumption, including, whether smoked, heated, chewed,

 

absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any

 

other means. Tobacco product includes, but is 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, little cigars, chewing

 

tobacco, pipe tobacco, shisha, snuff, or an electronic device.

 

Tobacco product includes a component, part, or accessory of a

 

tobacco product regardless of whether the component, part, or

 

accessory is sold separately. Tobacco product does not include a

 

product specifically approved by the United States Food and Drug

 

Administration for sale as a tobacco cessation product that is

 

being marketed and sold solely for the approved purpose.

 

     (e) "Use a tobacco product" means to smoke, chew, suck,

 

inhale, or otherwise consume a tobacco product.

 

     Enacting section 1. Section 2 of the youth tobacco act, 1915

 

PA 31, MCL 722.642, is repealed.


     Enacting section 2. This amendatory act takes effect 180 days

 

after the date it is enacted into law.

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