Bill Text: MI HB5801 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Health; smoking; smoking ban; exclude war veterans' organizations. Amends secs. 12601 & 12905 of 1978 PA 368 (MCL 333.12601 & 333.12905).

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-09-17 - Printed Bill Filed 09/17/2014 [HB5801 Detail]

Download: Michigan-2013-HB5801-Introduced.html

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HOUSE BILL No. 5801

 

September 16, 2014, Introduced by Reps. McMillin, Franz and Dianda 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 that term 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 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.

 

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.