Bill Text: MI SB0463 | 2017-2018 | 99th Legislature | Introduced

Bill Title: Advertising; other; advertising of marihuana; regulate. Amends sec. 18a of 1972 PA 106 (MCL 252.318a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-09-28 - Referred To Committee Of The Whole [SB0463 Detail]

Download: Michigan-2017-SB0463-Introduced.html



















June 15, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.



     A bill to amend 1972 PA 106, entitled


"Highway advertising act of 1972,"


by amending section 18a (MCL 252.318a), as amended by 2010 PA 343.




     Sec. 18a. (1) Notwithstanding any other provision of this act,


beginning January 1, 2000, all billboards within this state are


subject to this act and shall not advertise do 1 or more of the




     (a) Advertise the purchase or consumption of tobacco products.


     (b) Advertise the purchase or consumption of, or facilitate


access to, marihuana, as defined in section 7106 of the public


health code, 1978 PA 368, MCL 333.7106.


     (c) Advertise the purchase or consumption of, or facilitate


access to, marihuana-infused products, as defined in section 3 of


the Michigan medical marihuana act, 2008 IL 1, MCL 333.26423.


     (2) Beginning January 1, 2011, any billboard within this state


that advertises a sexually oriented business shall display only


words or numbers and may display the business's trademark if the


trademark has been registered under the Lanham act, 15 USC 1051 to


1141n, or under 1969 PA 242, MCL 429.31 to 429.46. The words on a


billboard shall not describe or relate to a specified sexual


activity or specified anatomical area. As used in this subsection:


     (a) "Sexually oriented business" includes, but is not limited


to, an adult bookstore, adult video store, adult cabaret, adult


motion picture theater, sexual device shop, sexual encounter


center, or an establishment that regularly features live


performances characterized by the exposure of a specific anatomical


area or by a specific sexual activity or in which persons appear in


a state of nudity or seminudity in the performance of their duties.


However, sexually oriented business does not include a business


solely because it shows, sells, or rents materials that may depict




     (b) "Specified anatomical area" means less than completely and


opaquely covered human genitals, pubic region, buttocks, or female


breasts below a point immediately above the top of the areola; or


human male genitals in a discernibly turgid state, even if covered.


     (c) "Specified sexual activity" means the fondling or other


erotic touching of covered or uncovered human genitals, pubic


region, buttocks, or female breast.


     (d) "Seminudity" means a state of dress in which opaque


clothing fails to cover the genitals, anus, anal cleft or cleavage,

pubic area, vulva, or nipple and areola of the female breast.


     (3) Notwithstanding any other provision of this act, a person


who violates this section is responsible for a civil fine of not


less than $5,000.00 or more than $10,000.00 for each day of


violation. A civil fine collected under this section shall be


distributed to public libraries as provided under 1964 PA 59, MCL


397.31 to 397.40.