HOUSE BILL No. 5006


     July 10, 2001, Introduced by Reps. Bernero, DeWeese, Woodward, Waters, O'Neil, Mortimer and Vear and referred to the Committee on
Education.


        A bill to amend 1979 PA 94, entitled

   "The state school aid act of 1979,"

   (MCL 388.1601 to 388.1772) by adding section 164f.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 164F.  (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION

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      (2), A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT DO ANY OF THE

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      FOLLOWING:

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           (A) SELL, OFFER FOR SALE, OR OTHERWISE OFFER OR PROVIDE SOFT

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      DRINKS TO PUPILS AT SCHOOL AT ANY TIME.

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           (B) MAINTAIN, OR ALLOW TO BE MAINTAINED, A VENDING MACHINE

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      THAT IS LOCATED AT A SCHOOL OR ON SCHOOL GROUNDS, THAT SELLS SOFT

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      DRINKS, AND THAT IS ACCESSIBLE TO PUPILS.

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           (2) THIS SECTION DOES NOT PROHIBIT ANY OF THE FOLLOWING:






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           (A) SELLING, OFFERING FOR SALE, OR OTHERWISE OFFERING OR

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      PROVIDING SOFT DRINKS TO PUPILS AFTER REGULAR SCHOOL HOURS AT A

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      HIGH SCHOOL OR AT A HIGH SCHOOL ACTIVITY OR EVENT.

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           (B) MAINTAINING OR ALLOWING TO BE MAINTAINED A VENDING

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      MACHINE DESCRIBED IN SUBSECTION (1)(B) IF IT IS LOCATED AT A HIGH

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      SCHOOL OR ON THE GROUNDS OF A HIGH SCHOOL AND IS EITHER NOT

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      ACCESSIBLE TO PUPILS DURING THE REGULAR SCHOOL DAY OR NOT OPERA-

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      BLE DURING THE REGULAR SCHOOL DAY.

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           (C) SELLING, OFFERING FOR SALE, OR OTHERWISE OFFERING OR

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      PROVIDING SOFT DRINKS TO PUPILS AT A SCHOOL AFTER SCHOOL HOURS AT

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      AN ACTIVITY OR EVENT AT WHICH PARENTS ARE PRESENT.

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           (3) A DISTRICT OR INTERMEDIATE DISTRICT THAT VIOLATES THIS

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      SECTION FORFEITS AN AMOUNT EQUAL TO 5% OF ITS TOTAL STATE SCHOOL

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      AID ALLOCATION UNDER THIS ACT FOR THE FISCAL YEAR IN WHICH THE

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      VIOLATION OCCURS.

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           (4) AS USED IN THIS SECTION, "SOFT DRINK" DOES NOT INCLUDE

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      MILK, WATER, OR A JUICE DRINK THAT IS 100% JUICE.























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