HOUSE BILL No. 4996


     October 14, 1999, Introduced by Reps. Allen, Spade, Richner, Shulman, Rick Johnson,
Howell, Pappageorge, Rocca, Ruth Johnson, Woronchak, Green, Jelinek, Law, DeVuyst, Geiger,
Cassis, Jansen, Stamas, Jellema, Kuipers, Godchaux, Kukuk, Mortimer and Caul and referred to
the Committee on Criminal Law and Corrections.


        A bill to amend 1967 PA 119, entitled

   "An act regulating the use of chemical agents containing toxic
   chemicals or organic solvents or both, having the property of
   releasing toxic vapors; and providing for penalties,"

   by amending the title and section 3 (MCL 752.273) and by adding

   section 2a; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         AN ACT  regulating  TO REGULATE the SALE,
             DISTRIBUTION, AND

 3    use of CERTAIN chemical agents  containing toxic chemicals
             or

 4     organic solvents or both, having the property of releasing
                       toxic

 5     vapors  AND DEVICES CONTAINING CERTAIN CHEMICAL
                       AGENTS; and

 6     providing for  TO PROVIDE penalties.

 7         SEC. 2A.  (1) A PERSON SHALL NOT SELL OR OTHERWISE

 8    DISTRIBUTE TO ANOTHER PERSON ANY DEVICE THAT HAS A GROSS WEIGHT




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 1    OF LESS THAN 8 OUNCES AND THAT CONTAINS ANY QUANTITY OF NITROUS

 2    OXIDE.  THIS SUBSECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:

 3         (A) A PERSON LICENSED UNDER THE FOOD PROCESSING ACT OF 1977,

 4    1978 PA 328, MCL 289.801 TO 289.810, WHO SELLS OR OTHERWISE DIS-

 5    TRIBUTES THE DEVICE AS A GROCERY PRODUCT.

 6         (B) A PERSON ENGAGED IN THE BUSINESS OF SELLING OR DISTRIB-

 7    UTING COMPRESSED GASES FOR INDUSTRIAL OR MEDICAL USE WHO SELLS OR

 8    OTHERWISE DISTRIBUTES THE DEVICE IN THE COURSE OF THAT BUSINESS.

 9         (C) A PHARMACIST, PHARMACIST INTERN, OR PHARMACY AS DEFINED

10    IN SECTION 17707 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

11    333.17707, WHO DISPENSES THE DEVICE IN THE COURSE OF HIS OR HER

12    DUTIES AS A PHARMACIST OR PHARMACIST INTERN OR AS A PHARMACY.

13         (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

14    CRIME AS FOLLOWS:

15         (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C), THE

16    PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

17    NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $100.00, OR

18    BOTH.

19         (B) IF THE PERSON HAS 1 PRIOR CONVICTION, THE PERSON IS

20    GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE

21    THAN 1 YEAR OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

22         (C) IF THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS, THE

23    PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT

24    MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH.

25         (3) AS USED IN THIS SECTION, "PRIOR CONVICTION" MEANS A PRE-

26    VIOUS VIOLATION OF THIS SECTION OR A LAW OF ANOTHER STATE, A LAW

27    OF A LOCAL UNIT OF GOVERNMENT OF THIS STATE OR ANOTHER STATE, OR



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 1    A LAW OF THE UNITED STATES SUBSTANTIALLY CORRESPONDING TO THIS

 2    SECTION.

 3         Sec.  3.  Any  EXCEPT AS PROVIDED IN SECTION
             2A, A person

 4     violating the provisions of  WHO VIOLATES this act
              shall be  IS

 5    guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE

 6    THAN 93 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH.

 7         Enacting section 1.  Section 4 of 1967 PA 119, MCL 752.274,

 8    is repealed.








































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