Bill Text: MI HB6069 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health; smoking; smoking and using vapor products on certain public property; prohibit. Amends sec. 12601 of 1978 PA 368 (MCL 333.12601).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-29 - Bill Electronically Reproduced 05/24/2018 [HB6069 Detail]

Download: Michigan-2017-HB6069-Introduced.html

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HOUSE BILL No. 6069

 

 

May 24, 2018, Introduced by Rep. Lucido and referred to the Committee on Natural Resources.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 12601 (MCL 333.12601), 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.

 

     (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) A state park.

 

     (iv) A bathing beach or buoyed bathing or swimming area, that

 

is owned, operated, or maintained for public use by this state.

 

     (v) A playground area that is owned, operated, or maintained

 

for public use by this state.

 

     (vi) (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 or the use of a vapor product.

 

     (s) "Smoking paraphernalia" means any equipment, apparatus, or

 

furnishing that is used in or necessary for the activity of

 

smoking.

 

     (t) "State park" means that term as defined in section 74301

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.74301.

 

     (u) (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. Tobacco

product does not include a vapor product.

 

     (v) (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.

 

     (w) "Vapor product" means a noncombustible product containing

 

nicotine that employs a heating element, power source, electronic

 

circuit, or other electronic, chemical, or mechanical means,

 

regardless of shape or size, that can be used to produce vapor from

 

nicotine in a solution or other form. Vapor product includes an

 

electronic cigarette, electronic cigar, electronic cigarillo,

 

electronic pipe, or similar product or device and a vapor cartridge

 

or other container of nicotine in a solution or other form that is

 

intended to be used with or in an electronic cigarette, electronic

 

cigar, electronic cigarillo, electronic pipe, or similar product or

 

device. Vapor product does not include a product regulated as a

 

drug or device by the United States Food and Drug Administration

 

under subchapter V of the federal food, drug, and cosmetic act, 21

 

USC 351 to 360fff-7.

 

     (x) (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.