Bill Text: MI HB5024 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-5024, As Passed House, April 26, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5024
A bill 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.
(c) "THC" means delta-9-tetrahydrocannabinol acid.
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.
(c) One forensic toxicologist.
(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) 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
House Bill No. 5024 as amended April 21, 2016
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.
