May 8, 2007, Introduced by Senators McMANUS, GEORGE, JACOBS, BRATER, GARCIA, BIRKHOLZ and GLEASON and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12601 (MCL 333.12601), as amended by 1988 PA
315.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601. (1) As used in this part:
(a) "Bathing beach" means a beach or bathing area offered to
the public for recreational bathing or swimming. It does not
include a public swimming pool as defined in section 12521.
(b) (a)
"Child caring institution" and "child care center"
mean
those terms as defined in section 1 of Act No. 116 of the
Public
Acts of 1973, being section 722.111 of the Michigan Compiled
Laws
1973 PA 116, MCL 722.111.
(c) (b)
"County medical care facility" means that term as
defined in section 20104.
(d) (c)
"Educational facility" means a building owned, leased,
or under the control of a public or private school system, college,
or university.
(e) (d)
"Food service establishment" means a food service
establishment
that term as defined in section 12901 1107 of the
food law of 2000, 2000 PA 92, MCL 289.1107.
(f) (e)
"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.
(g) (f)
"Home for the aged" means that term as defined in
section 20106.
(h) (g)
"Hospice" means that term as defined in section 20106.
(i) (h)
"Hospital long-term care unit" means that term as
defined in section 20106.
(j) (i)
"Licensed premises" means any portion of a building,
structure, room, or enclosure in which alcoholic liquor may be sold
for consumption on the premises pursuant to a license issued by the
Michigan liquor
control commission.
(k) (j)
"Meeting" means a meeting as defined in section 2 of
the
open meetings act, Act No. 267 of the Public Acts of 1976,
being
section 15.262 of the Michigan Compiled Laws 1976 PA 267, MCL
15.262.
(l) (k)
"Nursing home" means that term as defined in section
20109.
(m) (l) "Public
body" means a public body as defined in section
2
of the open meetings act, Act No. 267 of the Public Acts of 1976
1976 PA 267, MCL 15.262.
(n) (m)
"Public place", except as otherwise provided in
subsection
(2), means both 1 or more 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 place of work for public employees or 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 which that
is not owned or
operated by a state or local governmental agency, is used by the
general public, and is 1 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) A bathing beach or buoyed bathing or swimming area open to
the public.
(o) (n)
"Smoking" or "smoke" means the carrying by a person of
a lighted cigar, cigarette, pipe, or other lighted smoking device.
(2)
Public place does not include a private , enclosed room or
office occupied exclusively by a smoker, even if the room or
enclosed office may be visited by a nonsmoker.
(3) In addition, article 1 contains general definitions and
principles of construction applicable to all articles of this code.