HOUSE BILL No. 6298
November 12, 1998, Introduced by Reps. DeHart, Kelly, Scott and Schermesser and referred to the Committee on Health Policy. A bill to amend 1915 PA 31, entitled "Youth tobacco act," (MCL 722.641 to 722.645) by amending the title, as amended by 1992 PA 272, and by adding sections 1a, 3a, and 3b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to prohibit the selling, giving, or furnishing of 3 tobacco products to minors; TO PRESCRIBE THE POWERS AND DUTIES OF 4 CERTAIN LOCAL HEALTH DEPARTMENTS AND LAW ENFORCEMENT AGENCIES; TO 5 CREATE A CIVIL CAUSE OF ACTION; to prohibit the use of tobacco 6 products by minors; to prohibit the harboring of minors for the 7 purpose of indulging in the use of tobacco products; to regulate 8 the retail sale of tobacco products; to prescribe penalties; and 9 to prescribe the powers and duties of certain state agencies and 10 departments. 06245'98 a CPD 2 1 SEC. 1A. FOUR OR MORE VIOLATIONS OF SECTION 1(1) WITHIN A 2 CONSECUTIVE 24-MONTH PERIOD MAY BE TREATED AS A NUISANCE AND 3 ABATED UNDER THE PROCEDURE DESCRIBED IN CHAPTER 38 OF THE REVISED 4 JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.3801 TO 600.3840. 5 SEC. 3A. (1) IN ADDITION TO ANY OTHER APPLICABLE RIGHTS OR 6 PENALTIES, THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO WAS SOLD, 7 FURNISHED, OR GIVEN A CIGARETTE, CIGAR, CHEWING TOBACCO, TOBACCO 8 SNUFF, OR TOBACCO IN ANY OTHER FORM BY A RETAIL LICENSEE IN VIO- 9 LATION OF SECTION 1(1) MAY BRING A CIVIL ACTION FOR DAMAGES 10 AGAINST THAT RETAIL LICENSEE IN THE AMOUNT OF $1,500.00 OR ACTUAL 11 DAMAGES, WHICHEVER IS MORE. 12 (2) A PARENT OR LEGAL GUARDIAN WHO BRINGS A CIVIL ACTION 13 UNDER SUBSECTION (1) OR AN ORGANIZATION ACTING ON BEHALF AND WITH 14 THE CONSENT OF THE PARENT OR LEGAL GUARDIAN SHALL REPORT THE SUS- 15 PECTED VIOLATION OF SECTION 1(1) THAT IS THE BASIS FOR THE CIVIL 16 ACTION TO THE LOCAL HEALTH DEPARTMENT WITH JURISDICTION OVER THE 17 GEOGRAPHIC LOCATION IN WHICH THE SUSPECTED VIOLATION TOOK PLACE. 18 UPON RECEIPT OF A REPORT UNDER THIS SUBSECTION, THE LOCAL HEALTH 19 DEPARTMENT SHALL PROVIDE THE MINOR INVOLVED IN THE SUSPECTED VIO- 20 LATION WITH A REFERRAL INTO A TOBACCO CESSATION PROGRAM. 21 (3) A LOCAL HEALTH DEPARTMENT THAT RECEIVES A REPORT UNDER 22 SUBSECTION (2) MAY CONDUCT PERIODIC COMPLIANCE CHECKS UPON THE 23 RETAIL LICENSEE THAT IS THE SUBJECT OF THE REPORT. THE LOCAL 24 HEALTH DEPARTMENT MAY ALSO MAKE A REFERRAL NOTIFICATION TO A 25 LOCAL LAW ENFORCEMENT AGENCY WITH JURISDICTION. THE LOCAL HEALTH 26 DEPARTMENT MAY USE ITS EMPLOYEES AND OTHER INDIVIDUALS TO CONDUCT 27 THE COMPLIANCE CHECKS. IF A COMPLIANCE CHECK TEAM WITNESSES A 06245'98 a 3 1 RETAIL LICENSEE OR AN EMPLOYEE OR AGENT OF THE RETAIL LICENSEE 2 SELLING, FURNISHING, OR GIVING TOBACCO PRODUCTS TO A MINOR IN 3 VIOLATION OF SECTION 1(1), THE COMPLIANCE CHECK TEAM MAY TESTIFY 4 TO THAT FACT IN AN ACTION TO ENFORCE SECTION 1(1). A LOCAL 5 HEALTH DEPARTMENT MAY ENFORCE SECTION 1(1), PURSUANT TO THIS SUB- 6 SECTION AND SUBSECTIONS (5) TO (7). 7 (4) IF A LOCAL HEALTH DEPARTMENT REPRESENTATIVE, AS THE 8 RESULT OF A REPORT RECEIVED UNDER SUBSECTION (2) OR THE ACTIVITY 9 OF A COMPLIANCE CHECK TEAM UNDER SUBSECTION (3), OR FOR ANY OTHER 10 REASON, BELIEVES THAT A RETAIL LICENSEE HAS VIOLATED 11 SECTION 1(1), THE REPRESENTATIVE MAY ISSUE A CITATION AT THAT 12 TIME OR NOT LATER THAN 90 DAYS AFTER DISCOVERY OF THE ALLEGED 13 VIOLATION. THE CITATION SHALL BE IN WRITING AND SHALL STATE WITH 14 PARTICULARITY THE NATURE OF THE VIOLATION, INCLUDING REFERENCE TO 15 SECTION 1(1), THE CIVIL PENALTY ESTABLISHED FOR THE VIOLATION 16 UNDER SUBSECTION (6), AND THE RIGHT TO APPEAL THE CITATION PURSU- 17 ANT TO SUBSECTION (5). THE CITATION SHALL BE DELIVERED OR SENT 18 BY REGISTERED MAIL TO THE RETAIL LICENSEE. 19 (5) NOT LATER THAN 20 DAYS AFTER RECEIPT OF A CITATION UNDER 20 SUBSECTION (4), THE RETAIL LICENSEE MAY PETITION THE LOCAL HEALTH 21 DEPARTMENT FOR AN ADMINISTRATIVE HEARING. THE LOCAL HEALTH 22 DEPARTMENT SHALL HOLD THE HEARING, WITH THE LOCAL HEALTH OFFICER 23 ACTING AS THE PRESIDING OFFICER, WITHIN 30 DAYS AFTER THE RECEIPT 24 OF THE PETITION. AFTER THE ADMINISTRATIVE HEARING, THE LOCAL 25 HEALTH OFFICER MAY AFFIRM, DISMISS, OR MODIFY THE CITATION. THE 26 DECISION OF THE LOCAL HEALTH OFFICER IS FINAL. A RETAIL LICENSEE 27 AGGRIEVED BY A DECISION OF A LOCAL HEALTH OFFICER UNDER THIS 06245'98 a 4 1 SUBSECTION MAY PETITION THE CIRCUIT COURT OF THE COUNTY IN WHICH 2 THE PRINCIPAL OFFICE OF THE LOCAL HEALTH DEPARTMENT IS LOCATED 3 FOR JUDICIAL REVIEW. THE PETITION SHALL BE FILED NOT LATER THAN 4 60 DAYS FOLLOWING RECEIPT OF THE FINAL DECISION FROM THE LOCAL 5 HEALTH OFFICER. A CIVIL PENALTY IMPOSED UNDER SUBSECTION (6) 6 BECOMES FINAL IF A PETITION FOR AN ADMINISTRATIVE HEARING OR 7 JUDICIAL REVIEW IS NOT RECEIVED WITHIN THE TIME SPECIFIED IN THIS 8 SUBSECTION. A CIVIL PENALTY IMPOSED UNDER SUBSECTION (6) IS PAY- 9 ABLE AS PROVIDED IN THAT SUBSECTION. A CIVIL PENALTY MAY BE 10 RECOVERED IN A CIVIL ACTION BROUGHT IN THE COUNTY IN WHICH THE 11 VIOLATION OCCURRED OR IN WHICH THE DEFENDANT RESIDES. 12 (6) A RETAIL LICENSEE WHO VIOLATES SECTION 1(1) AND IS 13 ISSUED A CITATION BY A LOCAL HEALTH DEPARTMENT REPRESENTATIVE 14 UNDER SUBSECTION (4) IS SUBJECT TO A CIVIL FINE OF $700.00, PAY- 15 ABLE TO THE LOCAL HEALTH DEPARTMENT. 16 (7) A LOCAL HEALTH DEPARTMENT THAT RECOVERS A CIVIL FINE 17 IMPOSED UNDER SUBSECTION (6) SHALL DISBURSE THE $700.00 ACCORDING 18 TO THE FOLLOWING FORMULA: 19 (A) THE LOCAL HEALTH DEPARTMENT SHALL DISBURSE $200.00 TO 20 THE PARENT OR LEGAL GUARDIAN OR ORGANIZATION ACTING ON BEHALF AND 21 WITH THE CONSENT OF THE PARENT OR LEGAL GUARDIAN, IF ANY, THAT 22 INITIALLY REPORTED THE VIOLATION TO THE LOCAL HEALTH DEPARTMENT 23 UNDER SUBSECTION (2). 24 (B) THE LOCAL HEALTH DEPARTMENT MAY RETAIN NOT MORE THAN 25 $200.00 SOLELY FOR THE PURPOSE OF HIRING EMPLOYEES TO PUBLICIZE 26 AND IMPLEMENT THIS SECTION AND SECTION 1A. 06245'98 a 5 1 (C) THE LOCAL HEALTH DEPARTMENT SHALL DISBURSE THE REMAINDER 2 OF THE FUNDS TO ALCOHOL OR TOBACCO CESSATION PROGRAMS OR TO EARLY 3 INTERVENTION PROGRAMS WITHIN THE LOCAL HEALTH DEPARTMENT'S JURIS- 4 DICTION THAT ARE DESIGNED TO STOP UNDERAGE USE OF ALCOHOL OR 5 TOBACCO, OR BOTH. 6 (8) IF A SECOND OR SUBSEQUENT VIOLATION OF SECTION 1(1) BY 7 THE SAME RETAIL LICENSEE IS REPORTED TO OR WITNESSED BY THE LOCAL 8 HEALTH DEPARTMENT UNDER SUBSECTION (2) OR (3), THE RETAIL 9 LICENSEE IS SUBJECT TO SUBSECTIONS (4) TO (7) OR TO LAW ENFORCE- 10 MENT REFERRAL. IF THE SECOND OR SUBSEQUENT VIOLATION IS REFERRED 11 TO A LOCAL LAW ENFORCEMENT AGENCY, THE RETAIL LICENSEE IS SUBJECT 12 TO THE GRADUATED AND INCREASED PENALTIES IMPOSED UNDER 13 SECTION 3B. 14 (9) AS USED IN THIS SECTION AND SECTION 3B: 15 (A) "LOCAL HEALTH DEPARTMENT" MEANS THAT TERM AS DEFINED IN 16 SECTION 1105 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 17 333.1105. 18 (B) "RETAIL LICENSEE" MEANS A PERSON WHOSE ORDINARY COURSE 19 OF BUSINESS CONSISTS, IN WHOLE OR IN PART, OF THE RETAIL SALE OF 20 TOBACCO PRODUCTS SUBJECT TO STATE SALES TAX OR THE RETAIL SALE OF 21 ALCOHOLIC LIQUOR UNDER THE REVISED LIQUOR CONTROL CODE OF 1998, 22 1998 PA 58, MCL 436.1101 TO 436.2303. 23 SEC. 3B. (1) A LAW ENFORCEMENT AGENCY WITH APPROPRIATE 24 JURISDICTION MAY INVESTIGATE A SUSPECTED VIOLATION OF 25 SECTION 1(1) WITH OR WITHOUT REFERRAL FROM THE LOCAL HEALTH 26 DEPARTMENT UNDER SECTION 3A. 06245'98 a 6 1 (2) IF THE LAW ENFORCEMENT AGENCY DETERMINES THAT A 2 VIOLATION OF SECTION 1(1) HAS OCCURRED, THE LAW ENFORCEMENT 3 AGENCY SHALL ISSUE THE RETAIL LICENSEE A CITATION IN THE SAME 4 MANNER IN WHICH A CITATION FOR A MUNICIPAL CIVIL INFRACTION IS 5 ISSUED UNDER CHAPTER 87 OF THE REVISED JUDICATURE ACT OF 1961, 6 1961 PA 236, MCL 600.8701 TO 600.8735. A RETAIL LICENSEE TO WHOM 7 A CITATION IS ISSUED UNDER THIS SECTION SHALL RESPOND TO THE 8 CITATION IN THE SAME MANNER AS IF THE CITATION HAD BEEN ISSUED 9 UNDER THAT CHAPTER FOR A MUNICIPAL CIVIL INFRACTION. 10 (3) IF THE RETAIL LICENSEE WISHES TO ADMIT RESPONSIBILITY 11 FOR THE VIOLATION OF SECTION 1(1), THE RETAIL LICENSEE MAY DO SO 12 BY APPEARING IN PERSON, BY REPRESENTATION, OR BY MAIL. IF 13 APPEARANCE IS MADE BY REPRESENTATION OR BY MAIL, THE DISTRICT 14 COURT MAY ACCEPT THE ADMISSION WITH THE SAME EFFECT AS THOUGH THE 15 RETAIL LICENSEE PERSONALLY APPEARED IN COURT. UPON ACCEPTANCE OF 16 THE ADMISSION, THE COURT MAY ORDER THE APPROPRIATE FINE PRE- 17 SCRIBED IN SUBSECTION ( ). 18 (4) IF A RETAIL LICENSEE WISHES TO DENY THE VIOLATION OF 19 SECTION 1(1), THE RETAIL LICENSEE MAY DO SO BY APPEARING FOR AN 20 INFORMAL OR FORMAL HEARING. IF THE HEARING DATE IS NOT SPECIFIED 21 ON THE CITATION ISSUED UNDER SUBSECTION (2), THE RETAIL LICENSEE 22 SHALL CONTACT THE COURT IN PERSON, BY REPRESENTATION, BY MAIL, OR 23 BY TELEPHONE, AND OBTAIN A SCHEDULED DATE AND TIME TO APPEAR FOR 24 AN INFORMAL OR FORMAL HEARING. IF THE HEARING DATE IS SPECIFIED 25 ON THE CITATION ISSUED UNDER SUBSECTION (2), THE RETAIL LICENSEE 26 SHALL APPEAR ON THAT DATE. THE HEARING SHALL BE AN INFORMAL 27 HEARING, UNLESS A FORMAL HEARING IS REQUESTED BY THE RETAIL 06245'98 a 7 1 LICENSEE. IF A HEARING IS SCHEDULED BY TELEPHONE, THE COURT 2 SHALL MAIL THE RETAIL LICENSEE A CONFIRMING NOTICE OR THE HEARING 3 BY REGULAR MAIL TO THE ADDRESS APPEARING ON THE CITATION OR TO AN 4 ADDRESS THAT IS FURNISHED BY THE RETAIL LICENSEE. AN INFORMAL 5 HEARING SHALL BE CONDUCTED PURSUANT TO SUBSECTION (5), AND A 6 FORMAL HEARING SHALL BE CONDUCTED PURSUANT TO SUBSECTION (6). 7 (5) AN INFORMAL HEARING SHALL BE CONDUCTED BY A DISTRICT 8 COURT MAGISTRATE, IF AUTHORIZED BY THE JUDGE OR JUDGES OF THE 9 DISTRICT COURT DISTRICT. A DISTRICT COURT MAGISTRATE MAY ADMIN- 10 ISTER OATHS, EXAMINE WITNESSES, AND MAKE FINDINGS OF FACT AND 11 CONCLUSIONS OF LAW AT AN INFORMAL HEARING. THE JUDGE OR DISTRICT 12 COURT MAGISTRATE SHALL CONDUCT THE INFORMAL HEARING IN AN INFOR- 13 MAL MANNER SO AS TO DO SUBSTANTIAL JUSTICE ACCORDING TO THE RULES 14 OF SUBSTANTIVE LAW, BUT IS NOT BOUND BY THE STATUTORY PROVISIONS 15 OR RULES OF PRACTICE, PROCEDURE, PLEADING, OR EVIDENCE, EXCEPT 16 PROVISIONS RELATING TO PRIVILEGED COMMUNICATIONS. THERE SHALL 17 NOT BE A JURY AT AN INFORMAL HEARING. A VERBATIM RECORD OF AN 18 INFORMAL HEARING IS NOT REQUIRED. AT AN INFORMAL HEARING, THE 19 RETAIL LICENSEE SHALL NOT BE REPRESENTED BY AN ATTORNEY AND THE 20 LAW ENFORCEMENT AGENCY THAT ISSUED THE CITATION UNDER SUBSECTION 21 (2) SHALL NOT BE REPRESENTED BY THE PROSECUTING ATTORNEY. NOTICE 22 OF A SCHEDULED INFORMAL HEARING SHALL BE GIVEN TO THE LAW 23 ENFORCEMENT AGENCY THAT ISSUED THE CITATION UNDER SUBSECTION 24 (2). THE LAW ENFORCEMENT AGENCY AND THE RETAIL LICENSEE MAY SUB- 25 POENA WITNESSES. WITNESS FEES NEED NOT BE PAID IN ADVANCE TO A 26 WITNESS. WITNESS FEES FOR A WITNESS ON BEHALF OF THE LAW 27 ENFORCEMENT AGENCY ARE PAYABLE BY THE DISTRICT CONTROL UNIT OF 06245'98 a 8 1 THE DISTRICT COURT FOR THE PLACE WHERE THE HEARING OCCURS. IF 2 THE JUDGE OR DISTRICT COURT MAGISTRATE DETERMINES BY A PREPONDER- 3 ANCE OF THE EVIDENCE THAT THE RETAIL LICENSEE IS RESPONSIBLE FOR 4 A VIOLATION OF SECTION 1(1), THE JUDGE OR MAGISTRATE SHALL ENTER 5 AN ORDER TO PAY THE APPLICABLE FINE PRESCRIBED BY SUBSECTION 6 (8). OTHERWISE, A JUDGMENT SHALL BE ENTERED FOR THE RETAIL 7 LICENSEE, BUT THE RETAIL LICENSEE IS NOT ENTITLED TO COSTS OF THE 8 ACTION. THE LAW ENFORCEMENT AGENCY THAT ISSUED THE CITATION 9 UNDER SUBSECTION (4) AND THE RETAIL LICENSEE ARE ENTITLED TO 10 APPEAL AN ADVERSE JUDGMENT ENTERED AT AN INFORMAL HEARING. AN 11 APPEAL SHALL BE DE NOVO IN THE FORM OF A SCHEDULED FORMAL HEARING 12 AS FOLLOWS: 13 (A) THE APPEAL FROM A JUDGE OF THE DISTRICT COURT SHALL BE 14 HEARD BY A DIFFERENT JUDGE OF THE DISTRICT. 15 (B) THE APPEAL FROM A DISTRICT COURT MAGISTRATE SHALL BE 16 HEARD BY A JUDGE OF THE DISTRICT. 17 (6) A FORMAL HEARING SHALL BE CONDUCTED ONLY BY A JUDGE OF 18 THE DISTRICT COURT. THERE SHALL NOT BE A JURY TRIAL IN A FORMAL 19 HEARING. IN A FORMAL HEARING, THE RETAIL LICENSEE MAY BE REPRE- 20 SENTED BY AN ATTORNEY, BUT IS NOT ENTITLED TO COUNSEL APPOINTED 21 AT PUBLIC EXPENSE. NOTICE OF A FORMAL HEARING SHALL BE GIVEN TO 22 THE PROSECUTING ATTORNEY FOR THE COUNTY IN WHICH THE CITATION WAS 23 ISSUED. THAT ATTORNEY SHALL APPEAR IN COURT FOR A FORMAL HEARING 24 AND IS RESPONSIBLE FOR THE ISSUANCE OF A SUBPOENA TO EACH WITNESS 25 FOR THE LAW ENFORCEMENT AGENCY THAT ISSUED THE CITATION. THE 26 RETAIL LICENSEE MAY ALSO SUBPOENA WITNESSES. WITNESS FEES NEED 27 NOT BE PAID IN ADVANCE TO A WITNESS. WITNESS FEES FOR A WITNESS 06245'98 a 9 1 ON BEHALF OF THE LAW ENFORCEMENT AGENCY THAT ISSUED THE CITATION 2 ARE PAYABLE BY THE DISTRICT CONTROL UNIT OF THE DISTRICT COURT 3 FOR THE PLACE WHERE THE HEARING OCCURS. IF THE JUDGE DETERMINES 4 BY A PREPONDERANCE OF THE EVIDENCE THAT THE RETAIL LICENSEE HAS 5 VIOLATED SECTION 1(1), THE JUDGE SHALL ENTER AN ORDER REQUIRING 6 THE RETAIL LICENSEE TO PAY THE APPROPRIATE FINE PRESCRIBED BY 7 SUBSECTION (8). OTHERWISE, A JUDGMENT SHALL BE ENTERED FOR THE 8 RETAIL LICENSEE, BUT THE RETAIL LICENSEE IS NOT ENTITLED TO COSTS 9 OF THE ACTION. 10 (7) IF A RETAIL LICENSEE FAILS TO APPEAR AS DIRECTED BY A 11 CITATION ISSUED UNDER SUBSECTION (2) OR AT A SCHEDULED INFORMAL 12 HEARING, OR AT A SCHEDULED FORMAL HEARING, THE COURT SHALL ENTER 13 A DEFAULT JUDGMENT AGAINST THE RETAIL LICENSEE. 14 (8) IN ADDITION TO THE CRIMINAL PENALTY PRESCRIBED BY SEC- 15 TION 1(1), IF IT IS DETERMINED THAT A RETAIL LICENSEE HAS VIO- 16 LATED SECTION 1(1), THE RETAIL LICENSEE IS SUBJECT TO THE 17 FOLLOWING: 18 (A) FOR THE FIRST VIOLATION, A $700.00 ADMINISTRATIVE FINE 19 TO BE PAID TO THE LAW ENFORCEMENT AGENCY. IF THE COURT FINDS A 20 VIOLATION OF SECTION 1(1), THE COURT SHALL ORDER THE RETAIL 21 LICENSEE TO PAY A CIVIL FINE OF $700.00 PLUS COSTS TO THE LAW 22 ENFORCEMENT AGENCY. THE LAW ENFORCEMENT AGENCY SHALL DISBURSE 23 THE $700.00 ACCORDING TO THE FOLLOWING FORMULA: 24 (i) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $200.00 TO THE 25 PROSECUTING ATTORNEY FOR THE COUNTY IN WHICH THE VIOLATION 26 OCCURRED. THE COUNTY PROSECUTING ATTORNEY SHALL USE THE MONEY 06245'98 a 10 1 EXCLUSIVELY TO HIRE STAFF AND ACQUIRE RESOURCES TO IMPLEMENT AND 2 PUBLICIZE THIS SECTION AND SECTION 1A. 3 (ii) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $500.00 TO 4 THE BUDGET OF THE SQUAD WITHIN THE LAW ENFORCEMENT AGENCY THAT IS 5 RESPONSIBLE FOR THE ENFORCEMENT OF SECTION 1(1) AND SECTION 1A. 6 THE SQUAD SHALL USE THE MONEY EXCLUSIVELY TO HIRE STAFF AND 7 ACQUIRE RESOURCES TO IMPLEMENT AND PUBLICIZE THIS SECTION AND 8 SECTION 1A. 9 (B) IF A LOCAL HEALTH DEPARTMENT HAS SUCCESSFULLY PROSECUTED 10 1 OR MORE VIOLATIONS OF SECTION 1(1) AGAINST A RETAIL LICENSEE 11 WITHIN A CONSECUTIVE 24-MONTH PERIOD UNDER SECTION 3A, THEN THE 12 FIRST TIME A LAW ENFORCEMENT AGENCY ISSUES A CITATION FOR A VIO- 13 LATION OF SECTION 1(1) WITHIN THAT SAME TIME PERIOD, IT SHALL BE 14 TREATED AS A SECOND OR SUBSEQUENT OFFENSE, IF THE LAW ENFORCEMENT 15 AGENCY IS ACTING UPON THE REFERRAL OF THE LOCAL HEALTH 16 DEPARTMENT. IF THE COURT FINDS A RETAIL LICENSEE IN VIOLATION OF 17 SECTION 1(1) FOR A SECOND OR SUBSEQUENT TIME, THE COURT SHALL 18 ORDER THE RETAIL LICENSEE TO PAY A CIVIL FINE OF $1,000.00 PLUS 19 COSTS TO THE LAW ENFORCEMENT AGENCY THAT ISSUED THE CITATION. 20 THE LAW ENFORCEMENT AGENCY SHALL DISBURSE THE $1,000.00 ACCORDING 21 TO THE FOLLOWING FORMULA: 22 (i) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $250.00 TO THE 23 COUNTY PROSECUTING ATTORNEY FOR THE COUNTY IN WHICH THE VIOLATION 24 OCCURRED. THE COUNTY PROSECUTING ATTORNEY SHALL USE THE MONEY 25 EXCLUSIVELY TO HIRE STAFF AND ACQUIRE RESOURCES TO IMPLEMENT AND 26 PUBLICIZE THIS SECTION AND SECTION 1A. 06245'98 a 11 1 (ii) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $550.00 TO 2 THE BUDGET OF THE SQUAD WITHIN THE LAW ENFORCEMENT AGENCY THAT IS 3 RESPONSIBLE FOR THE ENFORCEMENT OF THIS SECTION AND SECTION 4 1(1). THE SQUAD SHALL USE THE MONEY EXCLUSIVELY TO HIRE STAFF 5 AND ACQUIRE RESOURCES TO IMPLEMENT AND PUBLICIZE THIS SECTION AND 6 SECTION 1A. 7 (iii) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $200.00 TO 8 THE LOCAL HEALTH DEPARTMENT THAT REFERRED THE ALLEGED VIOLATION 9 OF SECTION 1(1). THE LOCAL HEALTH DEPARTMENT SHALL USE THE MONEY 10 EXCLUSIVELY TO HIRE EMPLOYEES TO PUBLICIZE AND IMPLEMENT SECTIONS 11 1A AND 3A. 12 (C) FOR A THIRD VIOLATION OF SECTION 1(1) WITHIN A CONSECU- 13 TIVE 24-MONTH PERIOD, THE COURT SHALL ORDER A RETAIL LICENSEE TO 14 PAY A CIVIL FINE OF $1,400.00 TO THE LOCAL LAW ENFORCEMENT AGENCY 15 THAT ISSUED THE CITATION. THE LAW ENFORCEMENT AGENCY SHALL DIS- 16 BURSE THE $1,400.00 ACCORDING TO THE FOLLOWING FORMULA: 17 (i) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $400.00 TO THE 18 COUNTY PROSECUTING ATTORNEY FOR THE COUNTY IN WHICH THE VIOLATION 19 OCCURRED. THE COUNTY PROSECUTING ATTORNEY SHALL USE THE MONEY 20 EXCLUSIVELY TO HIRE STAFF AND ACQUIRE RESOURCES TO IMPLEMENT AND 21 PUBLICIZE THIS SECTION AND SECTION 1A. 22 (ii) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $700.00 TO 23 THE BUDGET OF THE SQUAD WITHIN THE LAW ENFORCEMENT AGENCY THAT IS 24 RESPONSIBLE FOR THE ENFORCEMENT OF THIS SECTION AND SECTION 1A. 25 THE SQUAD SHALL USE THE MONEY EXCLUSIVELY TO HIRE STAFF AND 26 ACQUIRE RESOURCES TO IMPLEMENT AND PUBLICIZE THIS SECTION AND 27 SECTION 1A. 06245'98 a 12 1 (iii) THE LAW ENFORCEMENT AGENCY SHALL DISBURSE $300.00 TO 2 THE LOCAL HEALTH DEPARTMENT WITH JURISDICTION FOR THE LOCAL GOV- 3 ERNMENTAL UNIT IN WHICH THE VIOLATION OCCURRED. THE LOCAL HEALTH 4 DEPARTMENT SHALL USE THE MONEY EXCLUSIVELY TO HIRE EMPLOYEES TO 5 PUBLICIZE AND IMPLEMENT SECTIONS 1A AND 3A. 6 (9) IN ADDITION TO THE CIVIL FINES IMPOSED UNDER SUBSECTION 7 (8), THE COURT SHALL ORDER A RETAIL LICENSEE TO PREPARE FOR THE 8 COURT A DETAILED ABATEMENT PLAN. THE RETAIL LICENSEE SHALL PRO- 9 VIDE IN THE ABATEMENT PLAN FOR 3 OR MORE OF THE FOLLOWING: 10 (A) THE HIRING OF AN ON-SITE MONITOR TO PREVENT THE RECUR- 11 RENCE OF VIOLATIONS OF SECTION 1(1). 12 (B) MAKING CAPITAL IMPROVEMENTS TO THE PROPERTY WHERE THE 13 VIOLATIONS OCCURRED TO PREVENT FURTHER VIOLATIONS OF SECTION 14 1(1), INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION OF ELEC- 15 TRONIC SECURITY OR VISUAL MONITORING SYSTEMS, OR BOTH. 16 (C) DEVELOPING AND IMPLEMENTING A WRITTEN STORE POLICY TO 17 PREVENT FURTHER VIOLATIONS OF SECTION 1(1) AND EMPLOYING COVERT 18 TEST SHOPPERS TO DETERMINE IF ITS EMPLOYEES ARE ILLEGALLY SELLING 19 ALCOHOL OR TOBACCO TO MINORS IN VIOLATION OF THE STORE POLICY. 20 (D) DEVELOPING AND IMPLEMENTING IN-STORE TRAINING PROGRAMS 21 FOR EMPLOYEES TO PREVENT FURTHER VIOLATIONS OF SECTION 1(1) AND 22 THE UNLAWFUL SALE OF ALCOHOLIC LIQUOR. 23 (E) REQUIRING ALL EMPLOYEES TO ATTEND OFF-SITE TRAINING PRO- 24 GRAMS DEVELOPED OR APPROVED BY THE LOCAL HEALTH DEPARTMENT AND 25 DESIGNED TO PREVENT VIOLATIONS OF SECTION 1(1) AND THE UNLAWFUL 26 SALE OF ALCOHOLIC LIQUOR. 06245'98 a 13 1 (10) FOR A FOURTH OR SUBSEQUENT VIOLATION OF SECTION 1(1) 2 WITHIN A CONSECUTIVE 24-MONTH PERIOD, THE COURT SHALL ORDER A 3 RETAIL LICENSEE TO PAY A CIVIL FINE OF $1,400.00 TO THE LAW 4 ENFORCEMENT AGENCY THAT ISSUED THE CITATION. IN ADDITION, THE 5 COURT MAY ABATE THE NUISANCE AS DESCRIBED IN SECTION 1A. ANY 6 FUNDS REMAINING AFTER THE NUISANCE IS ABATED AS DESCRIBED IN SEC- 7 TION 1A SHALL BE DISBURSED IN THE SAME MANNER AS CIVIL FINES ARE 8 DISBURSED UNDER SUBSECTION (8)(C). THE LAW ENFORCEMENT AGENCY 9 SHALL DISBURSE THE CIVIL FINE COLLECTED UNDER THIS SUBSECTION IN 10 THE SAME MANNER AS FUNDS ARE DISBURSED UNDER SUBSECTION (8)(C). 11 IN ADDITION TO OR INSTEAD OF ABATING THE NUISANCE AS DESCRIBED IN 12 SECTION 1A, THE COURT MAY ABATE THE NUISANCE BY ORDERING THE 13 RETAIL LICENSEE TO COMPLY WITH ALL OR PART OF THE ABATEMENT PLAN 14 ORDERED UNDER SUBSECTION (9). 15 (11) AS USED IN THIS SECTION, "RETAIL LICENSEE" MEANS A 16 PERSON WHOSE ORDINARY COURSE OF BUSINESS CONSISTS, IN WHOLE OR IN 17 PART, OF THE RETAIL SALE OF TOBACCO PRODUCTS SUBJECT TO STATE 18 SALES TAX OR LIQUOR UNDER THE MICHIGAN LIQUOR CONTROL CODE OF 19 1998, 1998 PA 58, MCL 436.1101 TO 436.2303. 20 Enacting section 1. This amendatory act does not take 21 effect unless all of the following bills of the 89th Legislature 22 are enacted into law: 23 (a) Senate Bill No. ___ or House Bill No ___ (request 24 no. 06245'98). 25 (b) Senate Bill No. ___ or House Bill No. ___ (request 26 no. 06400'98). 06245'98 a 14 1 (c) Senate Bill No. ___ or House Bill No. ___ (request 2 no. 06401'98). 06245'98 a Final page. CPD