MODIFY AGE REQ; TOBACCO USE H.B. 6108 & 6109, S.B. 576 & 577:
SUMMARY AS ENROLLED
House Bill 6108 (as enrolled)
House Bill 6109 (as enrolled)
Senate Bill 577 (as enrolled)
Sponsor: Representative Tommy Brann (H.B. 6108 & H.B. 6109)
Senator Dale W. Zorn (S.B. 576)
House Committee: Judiciary
House Committee: Regulatory Reform
Committee: Regulatory Reform (discharged)
CONTENT
House Bill 6108 would amend the Youth Tobacco Act to do the following:
-- Modify the definition of minor to mean an individual who is less than 21, instead of 18, years of age (which, in effect, would increase, from 18 to 21, the age that an individual could purchase tobacco products, vapor products, or alternative nicotine products).
-- Require signs posted by retailers to indicate that the purchase of tobacco products, vapor products, or alternative nicotine products by individuals under 21, instead of 18, years of age is illegal.
-- Require a person to verify that an individual was at least 21, instead of 18, years of age before selling or furnishing a tobacco, vapor, or alternative nicotine product to that individual.
House Bill 6109 would amend the Public Health Code to require a tobacco specialty retail store to prohibit a person under the age of 21, instead of 18, from entering the store while it was open for business.
Senate Bill 576 would amend the Michigan Penal Code to prohibit a person, as part of his, her, or its business, either directly or through an agent, from distributing tobacco products to people who did not previously pay or agree to pay for them unless that person, in addition to current requirements, ascertained that the individual who received the product was 21, instead of 18, years of age or older.
Senate Bill 577 would amend the Age of Majority Act to specify that the Act would not apply to the Youth Tobacco Act.
Senate Bills 576 and 577 are tie-barred to Senate Bill 720 and House Bills 6108 and 6109.
(Generally, Senate Bill 720 would modify the Tobacco Product Act to modify, among other things, the tax levied on tobacco products.)
House Bill 6108
Under the Youth Tobacco Act a "minor" means an individual who is less 18 years of age. The bill would modify the definition of "minor" to mean an individual who is less than 21 years of age.
The Act requires a person who sells tobacco products at retail to post a conspicuous sign in a place close to the point of sale. The sign must include a statement stating that the law prohibits a minor under the age of 18 from purchasing tobacco products, vapor products, or alternative nicotine products. Under the bill, the age included in this statement would be increased to 21 years of age.
Under the Act, before selling, offering for sale, giving, or furnishing a tobacco product, vapor product, or alternative nicotine product to an individual, a person must verify that the individual is not a minor by doing one of the following:
-- If the individual appears to be under 27 years of age, examine a government-issue photographic identification that establishes that the individual is at least 18 years of age.
-- For sales made by the internet or other remote sales method, p