Bill Text: MI HB5463 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
HB-5463, As Passed House, March 8, 2018
HOUSE BILL No. 5463
January 30, 2018, Introduced by Reps. Chang, Bellino, Sneller, Moss, Wittenberg, Chirkun, Dianda, Crawford, Theis, Webber, Griffin, Hammoud, Lucido, Pagan, Yaroch and Jones and referred to the Committee on Regulatory Reform.
A bill 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)
(1) 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 the food processing act of 1977,
1978
PA 328, MCL 289.801 to 289.810, or chapter
VII of the food
law, of
2000, 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) (2)
A person who violates subsection (1)
(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) (3)
As used in this section: ,
"prior
(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 Senate Bill No. ____ or House Bill No. 5464 (request no.
04787'17) of the 99th Legislature is enacted into law.
