Bill Text: MI HB5159 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Health; smoking; prohibition on smoking on certain commercial property and in food service establishments; authorize owners to allow in areas that are less than 50% enclosed. Amends secs. 12603 & 12905 of 1978 PA 368 (MCL 333.12603 & 333.12905).
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Introduced - Dead) 2013-12-03 - Printed Bill Filed 11/15/2013 [HB5159 Detail]
Download: Michigan-2013-HB5159-Introduced.html
HOUSE BILL No. 5159
November 14, 2013, Introduced by Reps. McMillin, Farrington, Zorn, Rogers, Foster, Haugh, Somerville, Lauwers, Daley, Rendon, Geiss, McBroom and Goike and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12603 and 12905 (MCL 333.12603 and 333.12905),
as amended by 2009 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
12603. (1) An Except as
otherwise provided in this
section, an individual shall not smoke in a public place or at a
meeting of a public body, and a state or local governmental agency
or the person who owns, operates, manages, or is in control of a
public place shall make a reasonable effort to prohibit individuals
from smoking in a public place.
(2)
The Except as otherwise
provided in this section, the
owner, operator, manager, or person having control of a public
place, a food service establishment, or a casino subject to section
12606b shall do all of the following:
(a) Clearly and conspicuously post "no smoking" signs or the
international "no smoking" symbol at the entrances to and in every
building or other area where smoking is prohibited under this act.
(b) Remove all ashtrays and other smoking paraphernalia from
anywhere smoking is prohibited under this act.
(c) Inform individuals smoking in violation of this act that
they are in violation of state law and subject to penalties.
(d) If applicable, refuse to serve an individual smoking in
violation of this act.
(e) Ask an individual smoking in violation of this act to
refrain from smoking and, if the individual continues to smoke in
violation of this act, ask him or her to leave the public place,
food service establishment, or nonsmoking area of the casino.
(3)
The Except as otherwise
provided in this section, the
owner, operator, manager, or person in control of a hotel, motel,
or other lodging facility shall comply with subsection (2) and
section 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 hotel,
motel, or other lodging facility where smoking is prohibited under
this section made a good faith effort to prohibit smoking by
complying with subsection (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
subsection (2).
(4) This section may be referred to as the "Dr. Ron Davis
Law".
(5) The owner, operator, manager, or person in control of a
public place that is also a commercial property may allow smoking
in an area of the commercial property that is less than 50%
enclosed. As used in this subsection, "commercial property" means
that term as defined in section 2 of the commercial rehabilitation
act, 2005 PA 210, MCL 207.842.
Sec.
12905. (1) An Except as
otherwise provided in this
subsection, 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. A food service establishment may allow smoking in an
area of the food service establishment that is less than 50%
enclosed.
(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 that is subject to this
section 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.
(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.
