Bill Text: MI HB5024 | 2015-2016 | 98th Legislature | Chaptered

Michigan House Bill 5024 (Prior Session Legislation)

Bill Title: Crimes; intoxication or impairment; impaired driving safety commission; create. Creates & repeals new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-28 - Assigned Pa 350'16 With Immediate Effect [HB5024 Detail]

Download: Michigan-2015-HB5024-Chaptered.html

Act No. 350

Public Acts of 2016

Approved by the Governor

December 21, 2016

Filed with the Secretary of State

December 21, 2016

EFFECTIVE DATE: March 21, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Rep. Lucido

ENROLLED HOUSE BILL No. 5024

AN ACT to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the “impaired driving safety commission act”.

Sec. 2. As used in this act:

(a) “Commission” means the impaired driving safety commission created in section 3.

(b) “Marihuana” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

Sec. 3. (1) The impaired driving safety commission is created within the department of state police.

(2) The commission shall research and recommend a scientifically supported threshold of THC bodily content to provide evidence for per se impaired driving in this state. The commission shall exist until it submits the final report to the governor, senate majority leader, and speaker of the house of representatives required under section 4.

(3) Subject to subsection (4), the commission shall consist of the following members appointed by the governor:

(a) The director of the department of state police or his or her designated representative from within the department of state police.

(b) One physician licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(d) One qualified and registered patient under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.

(e) Two professors from 2 different public research universities in this state.

(4) Only individuals meeting the qualifications under subsection (3) who have significant experience or involvement in studying marihuana, substance abuse, or impaired driving shall be appointed to serve on the commission. An individual not possessing good moral character, or who has been charged with a felony or misdemeanor criminal charge involving a controlled substance, theft, dishonesty, or fraud under the laws of this state, another state, the United States, or a local ordinance substantially corresponding to the laws of this state, is not eligible to serve on the commission.

(5) The governor shall appoint the members to the commission within 90 days of the effective date of this act.

(6) Members of the commission shall serve on the commission unless or until a successor member is appointed by the governor.

(7) If a vacancy occurs on the commission, the governor shall make an appointment for the unexpired term in the same manner as the original appointment.

(8) The first meeting of the commission shall be called within 30 days after the members of the commission have been appointed. The governor shall appoint 1 commission member to serve as the commission chairperson. The chairperson shall serve as the chairperson of the commission for the entirety of the commission’s term unless he or she is removed or resigns. If a chairperson is removed or resigns, the governor shall appoint another member to serve as chairperson.

(9) Members of the commission shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission.

(10) The governor may remove a member of the commission for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.

(11) A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission.

(12) The commission shall establish its own procedures and requirements with respect to quorum, place and conduct of its meetings, and other matters. The procedures established by the commission shall at a minimum prescribe the requirements for attendance at commission meetings by members, how meetings shall be conducted, and any policies necessary to carry out the powers and duties of the commission under this act. The procedures established by the commission under this act shall be printed in an appropriate manual and made available to the governor, the senate majority leader, and the speaker of the house of representatives.

(13) The business that the commission may perform shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(14) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 4. The commission shall do all of the following:

(a) Identify sources for grants to assist in defraying the cost of researching the effects of marihuana on driving.

(b) Subject to an appropriation, fund a research program at a public research university to determine the appropriate threshold of THC bodily content to provide evidence for per se impaired driving.

(c) Collect and analyze information regarding marihuana-induced impaired driving and THC bodily content impairment thresholds.

(d) Review and analyze research and state laws, in this state and other states, relating to THC bodily content thresholds that provide evidence for per se impaired driving.

(e) File a final report with the governor, the senate majority leader, and the speaker of the house of representatives regarding its activities under this act. The commission shall file the report not later than 2 years after the effective date of this act. The report shall include, but not be limited to, the results of the commission’s research program, recommendations for an appropriate threshold of THC bodily content to provide evidence for per se impaired driving, and recommendations for further legislative action.

Sec. 5. (1) The impaired driving safety commission fund is created within the state treasury. The fund shall be administered by the department of state police.

(2) Creation of the impaired driving safety commission fund is contingent upon appropriation of money to the fund.

(3) The commission may apply for and obtain grants from any source to carry out the purpose of this act. All funds received by the commission are state funds and shall be appropriated as provided by law.

(4) Money in the impaired driving safety commission fund shall be expended only upon appropriation and only in a manner to carry out the purpose of this act. Money remaining in the impaired driving safety commission fund at the close of the fiscal year shall remain in the impaired driving safety commission fund and shall not lapse to the general fund.

Sec. 6. This act is repealed on the date the commission’s final report to the governor, the senate majority leader, and the speaker of the house of representatives required under section 4 is filed or 2 years after the effective date of this act, whichever occurs first.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor