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).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2019-01-15 - 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.
