Bill Text: MI HB5463 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Health; hazardous products; sale or delivery of nitrous oxide to individuals under the age of 18; prohibit, and provide remedies. Amends sec. 2a of 1967 PA 119 (MCL 752.272a). TIE BAR WITH: HB 5464'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-05-10 - Assigned Pa 136'18 With Immediate Effect [HB5463 Detail]
Download: Michigan-2017-HB5463-Chaptered.html
Act No. 136
Public Acts of 2018
Approved by the Governor
May 9, 2018
Filed with the Secretary of State
May 10, 2018
EFFECTIVE DATE: August 8, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Chang, Bellino, Sneller, Moss, Wittenberg, Chirkun, Dianda, Crawford, Theis, Webber, Griffin, Hammoud, Lucido, Pagan, Yaroch and Jones
ENROLLED HOUSE BILL No. 5463
AN ACT to amend 1967 PA 119, entitled “An act to regulate the sale, distribution, and use of certain chemical agents and devices containing certain chemical agents; and to provide penalties,” by amending section 2a (MCL 752.272a), as added by 2000 PA 299.
The People of the State of Michigan enact:
Sec. 2a. (1) Except for a person described in subsection (3)(c) or (d) acting in the course of his or her duties, a person shall not sell or otherwise distribute a device that solely contains nitrous oxide to a person under the age of 18 for any purpose unless the person under the age of 18 is accepting delivery of a device containing nitrous oxide or a device used to dispense nitrous oxide in his or her capacity as an employee.
(2) A person who knowingly sells or distributes a device that solely contains nitrous oxide to a person who is under the age of 18 in violation of subsection (1), or who fails to make diligent inquiry as to whether the person is a minor, is liable for a civil fine and may be ordered to pay not more than $500.00.
(3) A person shall not sell or otherwise distribute to another person any device that contains any quantity of nitrous oxide or sell or otherwise distribute a device to dispense nitrous oxide for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system. This subsection does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to any of the following:
(a) A person licensed under chapter VII of the food law, 2000 PA 92, MCL 289.7101 to 289.7137, who sells or otherwise distributes the device as a grocery product.
(b) A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business.
(c) A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the public health code, 1978 PA 368, MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy.
(d) A health care professional.
(4) A person who violates subsection (3) is guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(b) If the person has 1 prior conviction, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
(c) If the person has 2 or more prior convictions, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(5) As used in this section:
(a) “Diligent inquiry” means a diligent good-faith effort to determine the age of a person, which includes at least an examination of an official Michigan operator’s or chauffeur’s license, an official Michigan personal identification card, a military identification card, or any other bona fide picture identification that establishes the identity and age of the person.
(b) “Prior conviction” means a previous violation of this section or a law of another state, a law of a local unit of government of this state or another state, or a law of the United States substantially corresponding to this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5464 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
