Bill Text: MI SB0654 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Tobacco: other; criminal penalties and civil sanctions for minors that purchase, possess, or use tobacco products, vapor products, or alternative nicotine products; sunset. Amends title & secs. 1, 2 & 5 of 1915 PA 31 (MCL 722.641 et seq.).
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2023-11-09 - Referred To Committee On Regulatory Affairs [SB0654 Detail]
Download: Michigan-2023-SB0654-Introduced.html
SENATE BILL NO. 654
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending the title and sections 1, 2, and 5 (MCL 722.641, 722.642, and 722.645), the title and section 2 as amended by 2019 PA 18, section 1 as amended by 2022 PA 167, and section 5 as added by 1988 PA 314.
the people of the state of michigan enact:
An act to prohibit the selling, giving, or furnishing of tobacco products, vapor products, and alternative nicotine products to minors; to prohibit the purchase, possession, or use of tobacco products, vapor products, and alternative nicotine products by minors; to regulate the retail sale of tobacco products, vapor products, alternative nicotine products, and liquid nicotine containers; to prescribe penalties and civil sanctions; and to prescribe the powers and duties of certain state and local agencies and departments.
Sec. 1. (1) A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who that violates this subsection or subsection (8) is guilty of a misdemeanor punishable by a fine as follows:
(a) For a first offense, not more than $100.00.
(b) For a second offense, not more than $500.00.
(c) For a third or subsequent offense, not more than $2,500.00.
(2) A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the not more than 6 feet from each tobacco product, vapor product, or alternative nicotine product point of sale and conspicuous to both employees and customers, a an unobstructed sign produced by the department of health and human services that includes the following statement:
"The purchase selling, giving, or furnishing of a tobacco product, vapor product, or alternative nicotine product by a minor under to an individual who is less than 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are is prohibited by law.". A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties.".
(3) If the The sign required under subsection (2) is more than 6 feet from the point of sale, it must be 5-1/2 14 inches by 8-1/2 11 inches, and the statement required under subsection (2) must be printed in 36-point, boldfaced, uppercase type with high-contrast red ink. If the sign required under subsection (2) is 6 feet or less from the point of sale, it must be 2 inches by 4 inches and the statement required under subsection (2) must be printed in 20-point boldfaced type.
(4) The department of health and human services shall produce the sign required under subsection (2) and have adequate copies of the sign ready for distribution, free of charge, to licensed wholesalers, secondary wholesalers, and unclassified acquirers of tobacco products and to persons who sell vapor products or alternative nicotine products at retail. free of charge. Licensed wholesalers, secondary wholesalers, and unclassified acquirers of tobacco products shall obtain copies of the sign from the department of health and human services and distribute them, free of charge , upon and on request, to persons who sell tobacco products and who are subject to subsection (2). The department of health and human services shall provide copies of the sign, free of charge , upon and on 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, and to persons who sell vapor products or alternative nicotine products at retail.
(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, vapor products, or alternative nicotine products, as applicable, to individuals less than 21 years of age minors 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 notice of the defense, in writing, with the court and serve a copy of the notice on the prosecuting attorney. The defendant shall serve the notice 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 a notice of rebuttal, in writing, with the court and serve a copy of the notice on the defendant. The prosecuting attorney shall serve the notice not less than 7 days before the date set for trial and, shall include in the notice, include the name and address of each rebuttal witness.
(7) Subsection (1) does not apply to the a minor's handling or transportation of a tobacco product, vapor product, or alternative nicotine product by a minor under the terms of the minor's employment.
(8) Before selling, offering for sale, giving, or furnishing a tobacco product, vapor product, or alternative nicotine product to an individual, a person shall verify that the individual is at least not less than 21 years of age by doing 1 of the following:
(a) If the individual appears to be less than 27 years of age, examining a government-issued photographic identification that establishes that the individual is at least not less than 21 years of age.
(b) For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is 21 years of age or older.
Sec. 2. (1) Subject to subsection subsections (6) and (7), a minor shall not do any of the following:
(a) Purchase or attempt to purchase a tobacco product.
(b) Possess or attempt to possess a tobacco product.
(c) Use a tobacco product in a public place.
(d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her the minor's own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require an the individual who violates subsection (1) to participate in a health promotion and risk reduction assessment program, if available. In addition, an the individual who violates subsection (1) is subject to the following:
(a) For the a first violation, the court may order the individual to do 1 of the following:
(i) Perform not more than 16 hours of community service.
(ii) Participate in a health promotion and risk reduction assessment program.
(b) For a second violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 32 hours of community service.
(c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 48 hours of community service.
(3) Subject to subsection subsections (6) and (7), a minor shall not do any of the following:
(a) Purchase or attempt to purchase a vapor product or alternative nicotine product.
(b) Possess or attempt to possess a vapor product or alternative nicotine product.
(c) Use a vapor product or alternative nicotine product in a public place.
(d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her the minor's own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a vapor product or alternative nicotine product.
(4) An individual who violates subsection (3) is responsible for a state civil infraction or guilty of a misdemeanor as follows:
(a) For the a first violation, the individual is responsible for a state civil infraction and shall must be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.
(b) For the a second violation, the individual is responsible for a state civil infraction and shall must be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 32 hours of community service.
(c) If a violation of subsection (3) occurs after 2 or more prior judgments, the individual is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 48 hours of community service.
(5) An individual who is ordered to participate in a health promotion and risk reduction assessment program under subsection (2) or (4) is responsible for the costs of participating in the program.
(6) Subsections (1) and (3) do not apply to a minor participating in any of the following:
(a) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(b) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product, vapor product, or alternative nicotine product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.
(c) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance use disorder coordinating agency and with the prior approval of the state police or a local police agency.
(7) Subsections (1) and (3) do not apply to the handling or transportation of a tobacco product, vapor product, or alternative nicotine product by a minor under the terms of the minor's employment.
(8) This section does not prohibit an individual from being charged with, convicted of, or sentenced for any other violation of law that arises out of the a violation of subsection (1) or (3).
(9) Subsections (1) to (8) do not apply after the effective date of the amendatory act that added this subsection.
Sec. 5. This act shall be known and may be cited as the "youth "nicotine and tobacco act".
