EPHEDRINE/PSEUDOEPHEDRINE H.B. 4749 & 4750:
FLOOR SUMMARY
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House Bills 4749 and 4750 (as reported without amendment)
Sponsor: Representative Amanda Price
House Committee: Health Policy
Senate Committee: Health Policy
CONTENT
House Bill 4749 would amend the Public Health Code to do the following:
-- Prohibit a person from purchasing more than 3.6 grams of ephedrine or pseudoephedrine within one day, or more than nine grams within 30 days; and prescribe a misdemeanor penalty for a violation.
-- Eliminate provisions allowing a retailer to monitor ephedrine and pseudoephedrine products through antitheft devices and video surveillance, rather than maintaining them behind the counter or in a locked case.
-- Eliminate an exemption from the Code's sales log requirements for a retailer who maintains ephedrine and pseudoephedrine products behind the counter or in a locked case.
-- Expand the transaction information that must be included in a sales log.
-- Eliminate limits on the amount of ephedrine or pseudoephedrine that may be sold in a single transaction, and instead prohibit sales in excess of the daily and monthly limits described above.
-- Eliminate a requirement that a retailer post a sign informing employees and customers of ephedrine and pseudoephedrine sales laws.
-- Increase from $50 to $500 the maximum State civil infraction fine for a retailer that violates certain prohibitions.
House Bill 4750 would amend a statutory citation in the Code of Criminal Procedure's sentencing guidelines to reflect a revision proposed by House Bill 4749.
House Bill 4750 is tie-barred to House Bill 4749. House Bill 4749 is tie-barred to Senate Bill 333, which would amend the Public Health Code to require a retailer to submit electronically to the National Precursor Log Exchange information regarding ephedrine and pseudoephedrine sales.
MCL 333.17766c et al. (H.B. 4749) Legislative Analyst: Julie Cassidy
777.13n (H.B. 4750)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would be convicted of the proposed misdemeanor. Local governments would incur the costs of incarceration in local facilities, which vary by county. Additional penal and State civil infraction fine revenue would benefit public libraries.
Date Completed: 6-29-11 Fiscal Analyst: Matthew Grabowski
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. hb4749&4750/1112