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(MLive.com | File)

GENESEE COUNTY, MI -- The tobacco purchase age in Genesee County is now 21 after the Board of Commissioners voted 7 to 2 for the change.

The board passed the law Tuesday, Feb. 14, despite Michigan Attorney General Bill Schuette's opinion that it conflicts with state law and concerns from two Republican commissioners, including Drew Shapiro, district 6, and David Martin, district 9.

Dozens of people were in the auditorium, including many healthcare professionals and proponents for Tobacco 21, a national group that lobbies for raising the tobacco purchase age.

The current age is 18.

Commissioner Brenda Clack, D-district 2, led the board's discussion on the topic with an emotional, personal experience with second-hand smoke.

"Do we pay now, or do we pay later? And believe me the later will come. I'm a personal testimony to that. I am the product of a father ..." Clack said, breaking down. "My father smoked. And he smoked Camel cigarettes. He loved us, but every day, he came home there was a cigarette in his mouth and there was a cigarette all over in our home ... He was not educated ... on the perils of smoking or my father would not have done this to us. I have a brother that's passed with asthma and I am dealing with (health) issues."

Clack, who previously lobbied to ban smoking in public places, also urged the board to continue to be a leader in public health and consider what message it is sending to the county's young people.

"You have to step out on faith -- you have to step out and say, 'Now is the time to make this county a healthier climate,'" Clack said.

Many audience members spoke during the public comment portion of the meeting about the affect the law could have on the county's young adults.

They said, among other things, it would lessen the risk of addiction by widening the gap between social circles that can purchase tobacco and those that cannot.

But, not all commissioners were on board with the new legislation.

Martin and Shapiro both recognized that smoking is a health hazard, but questioned whether new legislation -- that the attorney general said would be void since it conflicts with state law -- is the best course of action.

Martin wanted to mimic Muskegon County in supporting the push for a statewide change and questioned the effectiveness of a countywide change.

"I just like to see for the rule of law to be consistent and not a hodge-podge of laws throughout the state. That we should enact something like Muskegon County did, and support this at the state level. And make sure that at the state level they have, not only enforcement of retail sales -- which is the only thing that we are touching on -- but also the possession, use, and other distribution to minors as defined under 21," Martin said.

Ann Arbor City Council approved an ordinance last summer increasing the tobacco purchasing age in the city from 18 to 21.

After commissioners gave preliminary approval for the age hike, Michigan's attorney general issued an opinion saying Ann Arbor's ordinance conflicts with state law.

Although the Attorney General's office apparently disagrees, Genesee County Prosecutor David Leyton, who serves as corporation counsel for the county, said a court -- not just the attorney general -- would have to make a decision on the topic before it affected Genesee County's legislation.

"This isn't about doing the right thing for kids. This isn't about doing the right thing for big tobacco. This is about following the law. And what I mean by that is remove the emotion from this, which is challenging, but the logic says needlessly pitting our people against the state over symbolic gesture with little to no ... benefit is not why our constituents elected us," Shapiro said.

He further suggested that passing the age hike would violate the oath commissioners took to uphold the Constitution and might be considered willful neglect of duty, which is a misdemeanor crime punishable by up to a year in prison and up to a $1,000 fine.

"So what I'm saying to you is, I'm not willing to go to jail for a year or pay a $1,000 dollar fine over something that I think violates state law and I believe is a defensible position. And, the last thing I want to see is my colleagues charged with misdemeanors," Shapiro said.

Clack countered, asking commissioners to "be bold."

It will take 90 days for the resolution to take effect.