METHAMPHETAMINE REPORTING ACT H.B. 5841 (H-3): FLOOR ANALYSIS


House Bill 5841 (Substitute H-3 as reported without amendment)
Sponsor: Representative Tonya Schuitmaker
House Committee: Judiciary
Senate Committee: Judiciary

CONTENT
The bill would create the "Methamphetamine Reporting Act" to require the Michigan Department of State Police (MSP) to compile information regarding the manufacture, use, possession, and distribution of methamphetamine in Michigan. The Department would have to obtain information from itself; the Departments of Community Health, Human Services, Natural Resources, Environmental Quality, and Corrections; and each local police agency in Michigan. The MSP would have to provide, and require each of those entities to provide to it, information regarding all of the following, as applicable:

-- The name and address of the reporting entity.
-- Whether the incident involved primarily the manufacture, possession, use, or distribution of methamphetamine.
-- The city, village, or township and the county in which the incident occurred.
-- Whether an individual under 18 years of age was present at the scene when the incident occurred.


The bill states that it would not require or authorize the disclosure of information that was privileged or otherwise restricted by law. Except as otherwise provided in the bill, information submitted to the MSP would be confidential and not subject to disclosure under the Freedom of Information Act. The MSP would have to provide information obtained under the bill, however, to the United States Department of Justice or an entity designated by that Department, for the purpose of obtaining Federal funds.


The MSP would have to file a written report by April 1 of each year with the Secretary of the Senate and the Clerk of the House of Representatives, using the information obtained under the bill, identifying trends in methamphetamine manufacture, use, and distribution in Michigan and making recommendations regarding possible solutions to those problems. The Department would have to make a copy of the report available to the public on its website.


The bill would take effect on October 1, 2006.

Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on the Department of State Police, local law enforcement, and other State departments due to the requirement that certain data be compiled and forwarded to the Department. The Department also would incur some costs in preparing an annual report as required under the bill.


Date Completed: 5-17-06 Fiscal Analyst: Bruce Baker

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5841/0506