Bill Text: MI HB4255 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Health; smoking; smoking ban; exclude war veterans' organizations. Amends secs. 12601 & 12905 of 1978 PA 368 (MCL 333.12601 & 333.12905).
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2011-02-16 - Printed Bill Filed 02/16/2011 [HB4255 Detail]
Download: Michigan-2011-HB4255-Introduced.html
HOUSE BILL No. 4255
February 15, 2011, Introduced by Reps. McMillin, Zorn, Somerville, Huuki, Foster, Muxlow, MacGregor, Genetski, Shirkey, Goike, Damrow, Denby, McBroom, Agema, Franz and Rogers and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12601 and 12905 (MCL 333.12601 and 333.12905),
as amended by 2009 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601. (1) As used in this part:
(a) "Casino" means that term as defined in section 2 of the
Michigan gaming control and revenue act, 1996 IL 1, MCL 432.202.
Casino does not include a casino operated under the Indian gaming
regulatory act, 25 USC 2701 to 2721.
(b) "Child caring institution" and "child care center" mean
those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
(c) "Cigar" means any roll of tobacco weighing 3 or more
pounds per 1,000, which roll has a wrapper or cover consisting only
of tobacco.
(d) "Cigar bar" means an establishment or area within an
establishment that is open to the public and is designated for the
smoking of cigars, purchased on the premises or elsewhere.
(e) "County medical care facility" means that term as defined
in section 20104.
(f) "Educational facility" means a building owned, leased, or
under the control of a public or private school system, college, or
university.
(g) "Food service establishment" means a food service
establishment as defined in section 12905.
(h) "Health facility" means a health facility or agency
licensed under article 17, except a home for the aged, nursing
home, county medical care facility, hospice, or hospital long-term
care unit.
(i) "Home for the aged" means that term as defined in section
20106.
(j) "Hospice" means that term as defined in section 20106.
(k) "Hospital long-term care unit" means that term as defined
in section 20106.
(l) "Meeting" means a meeting as defined in section 2 of the
open meetings act, 1976 PA 267, MCL 15.262.
(m) "Motor vehicle" means that term as defined in section 33
of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(n) "Nursing home" means that term as defined in section
20109.
(o) "Place of employment" means an enclosed indoor area that
contains 1 or more work areas for 1 or more persons employed by a
public or private employer. Place of employment does not include
any of the following:
(i) A structure used primarily as the residence of the owner or
lessee that is also used as an office for the owner or lessee and
for no other employees.
(ii) A food service establishment that is subject to section
12905.
(iii) A motor vehicle.
(iv) An organization of the veterans of foreign wars, the
American legion, or any other war veterans' organization.
(p) "Public body" means a public body as defined in section 2
of the open meetings act, 1976 PA 267, MCL 15.262.
(q)
"Public place" , except as otherwise provided in
subsection
(2), means any of the following:
(i) An enclosed, indoor area owned or operated by a state or
local governmental agency and used by the general public or serving
as a meeting place for a public body, including an office,
educational facility, home for the aged, nursing home, county
medical care facility, hospice, hospital long-term care unit,
auditorium, arena, meeting room, or public conveyance.
(ii) An enclosed, indoor area that is not owned or operated by
a state or local governmental agency, is used by the general
public, and is any of the following:
(A) An educational facility.
(B) A home for the aged, nursing home, county medical care
facility, hospice, or hospital long-term care unit.
(C) An auditorium.
(D) An arena.
(E) A theater.
(F) A museum.
(G) A concert hall.
(H) Any other facility during the period of its use for a
performance or exhibit of the arts.
(iii) Unless otherwise exempt under this part, a place of
employment.
(r) "Smoking" or "smoke" means the burning of a lighted cigar,
cigarette, pipe, or any other matter or substance that contains a
tobacco product.
(s) "Smoking paraphernalia" means any equipment, apparatus, or
furnishing that is used in or necessary for the activity of
smoking.
(t) "Tobacco product" means a product that contains tobacco
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.
(u) "Tobacco specialty retail store" means an establishment in
which the primary purpose is the retail sale of tobacco products
and smoking paraphernalia, and in which the sale of other products
is incidental. Tobacco specialty retail store does not include a
tobacco department or section of a larger commercial establishment
or any establishment with any type of liquor, food, or restaurant
license.
(v) "Work area" means a site within a place of employment at
which 1 or more employees perform services for an employer.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles of this code.
Sec. 12905. (1) An individual shall not smoke in a food
service establishment, and the person who owns, operates, manages,
or is in control of a food service establishment shall make
reasonable effort to prohibit individuals from smoking in a food
service establishment.
(2) In addition to a food service establishment that provides
its own seating, subsection (1) applies to a food service
establishment or group of food service establishments that are
located in a shopping mall in which the seating for the food
service establishment or group of food service establishments is
provided or maintained, or both, by the person who owns or operates
the shopping mall.
(3) The director, an authorized representative of the
director, or a representative of a local health department to which
the director has delegated responsibility for enforcement of this
part shall inspect each food service establishment that is subject
to this section. The inspecting entity shall determine compliance
with this section during each inspection.
(4) Within 5 days after receipt of a written complaint of
violation of this section, a local health department shall
investigate the complaint to determine compliance. If a violation
of this section is identified and not corrected as ordered by the
local health department within 2 days after receipt of the order by
the food service establishment, the local health officer may issue
an order to cease food service operations until compliance with
this section is achieved.
(5) A food service establishment shall comply with sections
12603(2) and 12606. It is an affirmative defense to a prosecution
or civil or administrative action for a violation of this section
that the owner, operator, manager, or person in control of a food
service establishment where smoking is prohibited under this
section made a good faith effort to prohibit smoking by complying
with section 12603(2). To assert the affirmative defense under this
subsection, the owner, operator, manager, or person shall file a
sworn affidavit setting forth his or her efforts to prohibit
smoking and his or her actions of compliance with section 12603(2).
(6) An individual who violates this part shall be directed to
comply with this part and is subject to a civil fine of not more
than $100.00 for a first violation and not more than $500.00 for a
second or subsequent violation.
(7) As used in this section:
(a) "Food service establishment" means that term as defined in
section 1107 of the food law of 2000, 2000 PA 92, MCL 289.1107.
Food service establishment does not include a cigar bar that is
exempt from the smoking prohibition under section 12606a, or an
organization described in section 12601(1)(o)(iv).
(b) "Shopping mall" means a shopping center with stores facing
an enclosed mall.
(c) "Smoking" or "smoke" means that term as defined in section
12601.
