SENATE BILL No. 461

 

 

April 23, 2009, Introduced by Senators BASHAM, JACOBS and CHERRY 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 person who violates this subsection

 

is guilty of a misdemeanor punishable by a fine of not more than

 

$50.00 $100.00 for each a first violation committed in a calendar

 

year, not more than $250.00 for a second violation committed in a

 

calendar year, or not more than $500.00 for a third or subsequent

 

violation committed in a calendar year.

 

     (2) A person who 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 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 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 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.