Bill Text: MI HB4041 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Crimes; business crimes; prohibiting certain deliveries and sales of tobacco products and tobacco paraphernalia by mail or vending machines; expand. Amends secs. 42b & 470 of 1931 PA 328 (MCL 750.42b & 750.470). TIE BAR WITH: HB 4039'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-16 - Bill Electronically Reproduced 01/15/2019 [HB4041 Detail]

Download: Michigan-2019-HB4041-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4041

 

 

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

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 42b and 470 (MCL 750.42b and 750.470), section

 

42b as added by 1992 PA 273 and section 470 as amended by 1998 PA

 

38.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 42b. (1) Except as provided in subsection (3), a person

 

shall not sell or distribute a tobacco product or tobacco

 

paraphernalia in this state through the use of the United States

 

mail service, express mail service, parcel post service, or any

 

common carrier service except to persons who have previously paid

 

or agreed to pay for the products at fair market value. This

 

subsection shall does not be construed to apply to any person

 

employed by the United States postal service Postal Service or by

 

any common carrier while carrying or delivering a tobacco product


or tobacco paraphernalia mailed or shipped by another person.

 

     (2) A person shall not, as part of his, her, or its business,

 

either directly or through an agent, distribute tobacco products or

 

tobacco paraphernalia to persons who did not previously pay or

 

agree to pay for the products unless all of the following

 

provisions are met:

 

     (a) The person or agent distributing the tobacco product or

 

tobacco paraphernalia distributes only tobacco products or tobacco

 

paraphernalia regularly sold or manufactured by that person or

 

agent.

 

     (b) The person distributing the tobacco product or tobacco

 

paraphernalia ascertains that the person receiving the tobacco

 

product or tobacco paraphernalia is 18 21 years of age or older.

 

     (c) The person receiving the tobacco product or tobacco

 

paraphernalia is physically present to receive the product.

 

     (d) Distribution is not prohibited by any local ordinance.

 

     (3) Subsection (1) does not prohibit the sale or distribution

 

of a tobacco product or tobacco paraphernalia in this state through

 

the use of the United States mail service, express mail service,

 

parcel post service, or any common carrier service if the sale or

 

distribution is in response to a consumer complaint or is part of a

 

direct mail marketing of products to specifically named

 

individuals, and which response or marketing involves the prior

 

return by the same specifically-named individual of an

 

authorization card to the tobacco product or tobacco paraphernalia

 

company that indicates that the individual is at least 18 21 years

 

of age, is signed by the individual and is kept on file by the


tobacco product or tobacco paraphernalia company for at least 1

 

year.

 

     (4) A person who violates subsection (1) is guilty of a

 

misdemeanor , punishable by imprisonment for not more than 1 year ,

 

or by a fine of not more than $10,000.00, or both.

 

     (5) A person who violates subsection (2) is guilty of a

 

misdemeanor , punishable by imprisonment 1 or more of the

 

following:

 

     (a) Imprisonment for not more than 90 days. , a

 

     (b) A fine of not more than $500.00. , service to the

 

community

 

     (c) Community service for not more than 180 days. , or any

 

combination thereof.

 

     (6) As used in this section:

 

     (a) "Employed" includes engaged as an agent or independent

 

contractor.

 

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

 

partnership, limited liability company, corporation, association,

 

or other legal entity.

 

     (c) "Sell or distribute" includes sending or providing free

 

samples or any other distribution not for sale.

 

     (d) "Tobacco paraphernalia" means that term as defined in

 

section 4 of the youth tobacco act, 1915 PA 31, MCL 722.644.

 

     (e) "Tobacco product" means that term as defined in section 4

 

of the youth tobacco act, 1915 PA 31, MCL 722.644.

 

     Sec. 470. (1) Except as provided in subsection (2), a person,

 

in a place of public accommodation, to which access by minors is


not prohibited by law, shall not sell or distribute cigarettes,

 

cigars, or other tobacco products or tobacco paraphernalia through

 

the use of a vending machine, or install or maintain a vending

 

machine with the intent of selling or distributing cigarettes,

 

cigars, or other tobacco products or tobacco paraphernalia. For

 

purposes of this section, "place of public accommodation" has the

 

same meaning as that term has in section 301(a) of the persons with

 

disabilities civil rights act, 1976 PA 220, MCL 37.1301.

 

     (2) This Until June 30, 2019, this section does not apply to a

 

cigarette tobacco products or tobacco paraphernalia vending machine

 

that meets either any of the following criteria:

 

     (a) The tobacco products or tobacco paraphernalia vending

 

machine is a cigarette vending machine that is located in an

 

establishment that has a class C license as defined in section 2t

 

107 of the Michigan liquor control act, 1933 (Ex Sess) code of

 

1998, 1998 PA 8, 58, MCL 436.2t, 436.1107, and 1 of the following

 

applies:

 

     (i) If the establishment has a bar that is located in a room

 

that is separated from the remainder of the establishment by a wall

 

and a doorway, the cigarette vending machine is located entirely in

 

that room.

 

     (ii) If the establishment has a bar that is not located in a

 

room that is separated from the remainder of the establishment by a

 

wall and a doorway, the cigarette vending machine is located not

 

more than 20 feet from the bar, is located clearly within the bar

 

area and not in a hallway, coat room, rest room, or similar

 

unrelated area, and is under the direct visual supervision of an


adult.

 

     (b) The tobacco products or tobacco paraphernalia vending

 

machine is a cigarette vending machine that is located entirely in

 

an area, office, plant, factory, or private membership club that is

 

not open to the public, and is located not less than 20 feet from

 

all entrances and exits that are accessible to the general public.

 

     (c) The tobacco products or tobacco paraphernalia vending

 

machine is located in a place of public accommodation to which

 

access by individuals under 21 years of age is prohibited by law.

 

     (3) A person who violates this section is guilty of a

 

misdemeanor , punishable by imprisonment 1 or more of the

 

following:

 

     (a) Imprisonment for not more than 6 months. , service to the

 

community

 

     (b) Community service for a period of not more than 45 days. ,

 

or a

 

     (c) A fine of not more than $1,000.00. , or any combination of

 

imprisonment, community service, or fine.

 

     (4) Each day that a person has a vending machine that

 

dispenses cigarettes, cigars, or other tobacco products or tobacco

 

paraphernalia in violation of this section constitutes a separate

 

offense.

 

     (5) (4) The provisions of this section shall be are

 

enforceable by a local health department to the same extent and by

 

the same means as regulations adopted by that local health

 

department.

 

     (6) As used in this section:


     (a) "Person" means that term as defined in section 4 of the

 

youth tobacco act, 1915 PA 31, MCL 722.644.

 

     (b) "Place of public accommodation" means that term as defined

 

in section 301 of the persons with disabilities civil rights act,

 

1976 PA 220, MCL 37.1301.

 

     (c) "Tobacco paraphernalia" means that term as defined in

 

section 4 of the youth tobacco act, 1915 PA 31, MCL 722.644.

 

     (d) "Tobacco product" means that term as defined in section 4

 

of the youth tobacco act, 1915 PA 31, MCL 722.644.

 

     Enacting section 1. This amendatory act takes effect 180 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4039 (request no.

 

00156'19) of the 100th Legislature is enacted into law.

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