June 29, 2010, Introduced by Senators BASHAM and ANDERSON and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12601 and 12603 (MCL 333.12601 and 333.12603),
as amended by 2009 PA 188; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601. (1) As used in this part:
(a)
"Casino" means that term as defined in section 2 of the
Michigan gaming control and revenue act, 1996 IL 1, MCL
432.202.
Casino
does not include a casino operated under the Indian gaming
regulatory
act, 25 USC 2701 to 2721.
(a) (b)
"Child caring
institution" and "child care center"
mean those terms as defined in section 1 of 1973 PA 116, MCL
722.111.
(b) (c)
"Cigar" means any roll of
tobacco weighing 3 or more
pounds per 1,000, which roll has a wrapper or cover consisting only
of tobacco.
(c) (d)
"Cigar bar" means an
establishment or area within an
establishment that is open to the public and is designated for the
smoking of cigars, purchased on the premises or elsewhere.
(d) (e)
"County medical care
facility" means that term as
defined in section 20104.
(e) (f)
"Educational facility"
means a building owned, leased,
or under the control of a public or private school system, college,
or university.
(f) (g)
"Food service
establishment" means a food service
establishment as defined in section 12905.
(g) (h)
"Health facility" means a
health facility or agency
licensed under article 17, except a home for the aged, nursing
home, county medical care facility, hospice, or hospital long-term
care unit.
(h) (i)
"Home for the aged" means
that term as defined in
section 20106.
(i) (j)
"Hospice" means that term
as defined in section 20106.
(j) (k)
"Hospital long-term care
unit" means that term as
defined in section 20106.
(k) (l) "Meeting"
means a meeting as defined in section 2 of
the open meetings act, 1976 PA 267, MCL 15.262.
(l) (m)
"Motor vehicle" means
that term as defined in section
33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(m) (n)
"Nursing home" means that
term as defined in section
20109.
(n) (o)
"Place of employment"
means an enclosed indoor area
that contains 1 or more work areas for 1 or more persons employed
by a public or private employer. Place of employment does not
include any of the following:
(i) A structure used primarily as the residence of the owner or
lessee that is also used as an office for the owner or lessee and
for no other employees.
(ii) A food service establishment that is subject to section
12905.
(iii) A motor vehicle.
(o) (p)
"Public body" means a
public body as defined in
section 2 of the open meetings act, 1976 PA 267, MCL 15.262.
(p) (q)
"Public place", except as
otherwise provided in
subsection (2), means any of the following:
(i) An enclosed, indoor area owned or operated by a state or
local governmental agency and used by the general public or serving
as a meeting place for a public body, including an office,
educational facility, home for the aged, nursing home, county
medical care facility, hospice, hospital long-term care unit,
auditorium, arena, meeting room, or public conveyance.
(ii) An enclosed, indoor area that is not owned or operated by
a state or local governmental agency, is used by the general
public, and is any of the following:
(A) An educational facility.
(B) A home for the aged, nursing home, county medical care
facility, hospice, or hospital long-term care unit.
(C) An auditorium.
(D) An arena.
(E) A theater.
(F) A museum.
(G) A concert hall.
(H) Any other facility during the period of its use for a
performance or exhibit of the arts.
(iii) Unless otherwise exempt under this part, a place of
employment.
(q) (r)
"Smoking" or
"smoke" means the burning of a lighted
cigar, cigarette, pipe, or any other matter or substance that
contains a tobacco product.
(r) (s)
"Smoking paraphernalia"
means any equipment,
apparatus, or furnishing that is used in or necessary for the
activity of smoking.
(s) (t)
"Tobacco product" means a
product that contains
tobacco and is intended for human consumption, including, but not
limited to, cigarettes, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars.
(t) (u)
"Tobacco specialty retail
store" means an
establishment in which the primary purpose is the retail sale of
tobacco products and smoking paraphernalia, and in which the sale
of other products is incidental. Tobacco specialty retail store
does not include a tobacco department or section of a larger
commercial establishment or any establishment with any type of
liquor, food, or restaurant license.
(u) (v)
"Work area" means a site
within a place of employment
at which 1 or more employees perform services for an employer.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles of this code.
Sec. 12603. (1) An individual shall not smoke in a public
place or at a meeting of a public body, and a state or local
governmental agency or the person who owns, operates, manages, or
is in control of a public place shall make a reasonable effort to
prohibit individuals from smoking in a public place.
(2) The owner, operator, manager, or person having control of
a
public place , or
a food service establishment ,
or a casino
subject
to section 12606b shall do all of
the following:
(a) Clearly and conspicuously post "no smoking" signs or the
international "no smoking" symbol at the entrances to and in every
building or other area where smoking is prohibited under this act.
(b) Remove all ashtrays and other smoking paraphernalia from
anywhere smoking is prohibited under this act.
(c) Inform individuals smoking in violation of this act that
they are in violation of state law and subject to penalties.
(d) If applicable, refuse to serve an individual smoking in
violation of this act.
(e) Ask an individual smoking in violation of this act to
refrain from smoking and, if the individual continues to smoke in
violation
of this act, ask him or her to leave the public place ,
or
food service establishment. ,
or nonsmoking area of the casino.
(3) The owner, operator, manager, or person in control of a
hotel, motel, or other lodging facility shall comply with
subsection (2) and section 12606. It is an affirmative defense to a
prosecution or civil or administrative action for a violation of
this section that the owner, operator, manager, or person in
control of a hotel, motel, or other lodging facility where smoking
is prohibited under this section made a good faith effort to
prohibit smoking by complying with subsection (2). To assert the
affirmative defense under this subsection, the owner, operator,
manager, or person shall file a sworn affidavit setting forth his
or her efforts to prohibit smoking and his or her actions of
compliance with subsection (2).
(4) This section may be referred to as the "Dr. Ron Davis
Law".
Enacting section 1. Section 12606b of the public health code,
1978 PA 368, MCL 333.12606b, is repealed.
Enacting section 2. This amendatory act takes effect May 1,
2010.