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

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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 - Dead) 2017-09-28 - Referred To Committee Of The Whole [SB0463 Detail]

Download: Michigan-2017-SB0463-Introduced.html

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SENATE BILL No. 463

 

 

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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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

 

following:

 

     (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

 

sex.

 

     (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.