September 4, 2007, Introduced by Senators JACOBS, ANDERSON and BASHAM and referred to the Committee on Judiciary.
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending section 1 (MCL 722.641), as amended by 2006 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person shall not sell, give, or furnish a
tobacco
product to a minor. A Both
of the following apply to a
violation of this subsection:
(a)
Except as provided in subdivision (b), a person
who that
violates this subsection is guilty of a misdemeanor punishable by a
fine
of not more than $50.00 $500.00
for each violation.
(b) If the person who violates this subsection is an
individual who was acting in the course of his or her employment
with a person that sells tobacco products at retail at the time of
the violation of this subsection, he or she is guilty of a
misdemeanor punishable by a fine of not more than $50.00 for each
violation.
(2)
A person who that sells tobacco products at retail shall
post, in a place close to the point of sale and conspicuous to both
employees and customers, a sign produced by the department of
community health that includes the following statement:
"The purchase of tobacco products by a minor under 18 years of
age and the provision of tobacco products to a minor are prohibited
by law. A minor unlawfully purchasing or using tobacco products is
subject to criminal penalties.".
(3) If the sign required under subsection (2) is more than 6
feet from the point of sale, it shall be 5-1/2 inches by 8-1/2
inches and the statement required under subsection (2) shall be
printed in 36-point boldfaced type. If the sign required under
subsection (2) is 6 feet or less from the point of sale, it shall
be 2 inches by 4 inches and the statement required under subsection
(2) shall be printed in 20-point boldfaced type.
(4) The department of community health shall produce the sign
required under subsection (2) and have adequate copies of the sign
ready for distribution to licensed wholesalers, secondary
wholesalers, and unclassified acquirers of tobacco products free of
charge. Licensed wholesalers, secondary wholesalers, and
unclassified acquirers of tobacco products shall obtain copies of
the sign from the department of community health and distribute
them
free of charge, upon request, to persons who that are
subject
to subsection (2). The department of community health shall provide
copies of the sign free of charge, upon request, to persons subject
to
subsection (2) who that do not purchase their supply of tobacco
products from wholesalers, secondary wholesalers, and unclassified
acquirers of tobacco products licensed under the tobacco products
tax act, 1993 PA 327, MCL 205.421 to 205.436.
(5) It is an affirmative defense to a charge under subsection
(1) that the defendant had in force at the time of arrest and
continues to have in force a written policy to prevent the sale of
tobacco products to persons under 18 years of age and that the
defendant enforced and continues to enforce the policy. A defendant
who
that proposes to offer evidence of the affirmative
defense
described in this subsection shall file and serve notice of the
defense, in writing, upon the court and the prosecuting attorney.
The notice shall be served not less than 14 days before the date
set for trial.
(6) A prosecuting attorney who proposes to offer testimony to
rebut the affirmative defense described in subsection (5) shall
file and serve a notice of rebuttal, in writing, upon the court and
the defendant. The notice shall be served not less than 7 days
before the date set for trial and shall contain the name and
address of each rebuttal witness.
(7) Subsection (1) does not apply to the handling or
transportation of a tobacco product by a minor under the terms of
that minor's employment.