August 4, 2004, Introduced by Reps. Kolb, Meisner, Minore, Jamnick, Bieda, Gillard, Lipsey, Vagnozzi, Accavitti and Farrah and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 473 (MCL 750.473), as added by 1993 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 473. (1) Except
as otherwise provided in
2 subsection (4), a A person shall not use a tobacco product on
3 school property.
4 (2) A person who violates subsection (1) is guilty of a
5 misdemeanor, punishable by a fine of not more than $50.00.
6 (3) As used in this section:
7 (a) "School district" means a school district, local act
8 school district, or intermediate school district, as those terms
9 are defined in the revised
school code, of 1976, Act No. 451 of
10 the Public Acts of
1976, being sections 380.1 to 380.1852 of the
11 Michigan Compiled Laws
1976 PA 451, MCL 380.1 to
380.1852; a
1 joint high school
district formed under former part 3A of Act
2 No. 451 of the Public
Acts of 1976, being sections 380.171 to
3 380.187 of the
Michigan Compiled Laws the
revised school code,
4 1976 PA 451; a public school academy organized and operating
5 under the revised school code, 1976 PA 451, MCL 380.1 to
6 380.1852; or a consortium or cooperative arrangement consisting
7 of any combination of these.
8 (b) "School property" means a building, facility, or
9 structure and other real estate owned, leased, or otherwise
10 controlled by a school district. School property includes
11 outdoor areas.
12 (c) "Tobacco product" means a preparation of tobacco to be
13 inhaled, chewed, or placed in a person's mouth.
14 (d) "Use a tobacco product" means any of the following:
15 (i) The carrying by a person of a lighted cigar, cigarette,
16 pipe, or other lighted smoking device.
17 (ii) The inhaling or chewing of a tobacco product.
18 (iii) The placing of a tobacco product within a person's
19 mouth.
20 (4) Subsection
(1) does not apply to that part of school
21 property consisting of
outdoor areas including, but not limited
22 to, an open-air
stadium, during either of the following time
23 periods:
24 (a) Saturdays,
Sundays, and other days on which there are no
25 regularly scheduled
school hours.
26 (b) After 6 p.m.
on days during which there are regularly
27 scheduled school hours.