Bill Text: MI SB0785 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Tobacco: other; penal code provisions for selling or distributing tobacco products by mail or vending machines; modify age. Amends sec. 42b of 1931 PA 328 (MCL 750.42b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-09-22 - Referred To Committee On Ways And Means [SB0785 Detail]
Download: Michigan-2019-SB0785-Introduced.html
SENATE BILL NO. 785
February 05, 2020, Introduced by Senator ZORN
and referred to the Committee on Regulatory Reform.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 42b (MCL 750.42b), as added by 1992 PA 273.
the people of the state of michigan enact:
Sec. 42b. (1) Except as provided in subsection (3), a
person shall not sell or distribute a tobacco product in this state through the
use of the United States mail service, express mail service, parcel post
service, or any common carrier service except to persons who have previously
paid or agreed to pay for the products at fair market value. This subsection shall does not be construed to apply to any person employed by the
United States postal service Postal Service or by any common carrier
while carrying or delivering a tobacco product mailed or shipped by another
person.
(2) A person shall not,
as part of his, her, or its business, either directly or through an agent,
distribute tobacco products to persons who did not previously pay or agree to
pay for the products unless all of the following provisions are met:
(a) The person or agent distributing that distributes the tobacco product distributes
only tobacco products regularly sold or manufactured by that person or agent.
(b) The person distributing that distributes the tobacco product
ascertains that the person receiving individual who receives the tobacco
product is 18 21 years of age or older.
(c) The person receiving individual who receives the tobacco
product is physically present to receive the product.
(d) Distribution is not
prohibited by any local ordinance.
(3) Subsection (1) does
not prohibit the sale or distribution of a tobacco product in this state
through the use of the United States mail service, express mail service, parcel
post service, or any common carrier service if the sale or distribution is in
response to a consumer complaint or is part of a direct mail marketing of
products to specifically named individuals, and which response or marketing
involves the prior return by the same specifically-named individual of an
authorization card to the tobacco company that indicates that the individual is
at least 18 21 years of age, is signed by the
individual, and is kept on file
by the tobacco company for at least 1 year.
(4) A person who violates
subsection (1) is guilty of a misdemeanor , punishable
by imprisonment for not more than 1 year , or
by a fine of not more
than $10,000.00, or both.
(5) A person who violates
subsection (2) is guilty of a misdemeanor , punishable
by imprisonment 1 or more of the following:
(a)
Imprisonment for not more than 90
days. , a
(b)
A fine of not more than $500.00. , service to the community
(c)
Community service for not more
than 180 days. , or any combination thereof.
(6) As used in this
section:
(a) "Employed" includes
engaged as an agent or independent contractor.
(b) "Person" means
an individual, partnership, corporation, association, or other legal entity.
(c) "Sell or
distribute" includes sending to send or providing to provide free samples or any other distribution
not for sale.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 782.
(b) Senate Bill No. 783.
(c) Senate Bill No. 784.
