Michigan Laws 29.503 – Violation; civil fines; limitation; additional remedies; cigarette fire safety standard and firefighter protection act fund
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Terms Used In Michigan Laws 29.503
- Agent: means a stamping agent, as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Cigarette: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of energy, labor, and economic growth. See Michigan Laws 29.493
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Manufacturer: means any of the following:
(i) A manufacturer as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Retail dealer: means a retailer, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Sale: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Sell: means to sell or to offer or agree to sell. See Michigan Laws 29.493 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Wholesale dealer: means a wholesaler, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
(1) A manufacturer, wholesale dealer, agent, or any other person other than a retail dealer that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 5 of this act is subject to a civil fine of not more than $100.00 for each pack of those cigarettes sold or offered for sale. However, the aggregate liability of a person for civil fines under this subsection for multiple violations that arise during any 30-day period shall not exceed $100,000.00.
(2) A retail dealer that knowingly sells or offers to sell cigarettes in violation of section 5 of this act is subject to a civil fine of not more than $100.00 for each pack of those cigarettes sold or offered for sale. However, the aggregate liability of a retail dealer for civil fines under this subsection for multiple violations that arise during any 30-day period shall not exceed $25,000.00.
(3) In addition to any penalty prescribed by law, a person engaged in the manufacture of cigarettes that knowingly makes a false certification under section 7 is subject to a civil fine of not less than $75,000.00 and not more than $100,000.00.
(4) Except as provided in subsection (1), (2), or (3), a person that violates this act is subject to a civil fine of not more than $1,000.00 for the first violation and a civil fine of not more than $5,000.00 for each subsequent violation.
(5) In addition to any other remedy provided by law, the department or attorney general may commence an action against a person who violates this act or rules promulgated under this act. The court in an action brought under this subsection may order 1 or more of the following forms of relief for each violation:
(a) Injunctive or other equitable relief, as appropriate.
(b) Enforcement costs relating to the violation or any other actual damages sustained by this state that are caused by the violation.
(c) Reasonable attorney fees and costs.
(6) The cigarette fire safety standard and firefighter protection act fund is created within the state treasury. All civil fines recovered under this section shall be deposited in the fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department shall be the administrator of the fund for auditing purposes. The department shall expend money from the fund, upon appropriation, only for fire safety and prevention programs.