PROHIBIT POWDERED ALCOHOLS

House Bill 4416 as introduced

Sponsor:  Rep. Scott Dianda

House Committee:  Regulatory Reform

Senate Bill 240 as passed by the Senate

Sponsor:  Sen. Rick Jones

Senate Committee:  Regulatory Reform

House Committee:  Regulatory Reform

Complete to 6-16-15

SUMMARY:

House Bill 4416 and Senate Bill 240 are identical, and each would amend the Michigan Liquor Control Code to add a new section, Section 914a, that would prohibit an individual from using, possessing, selling, or offering to sell, powdered alcohol. A person who violated this prohibition would be guilty of a misdemeanor.  The bills would take effect 90 days after being enacted.

This prohibition would not apply to a hospital that operates primarily for conducting scientific research, or a state institution, private college or university, or a pharmaceutical or biotechnology company conducting bona fide research.

The bills would define powdered alcohol as alcohol that is sold in powder form for either direct use or reconstruction.

FISCAL IMPACT:

House Bill 4416 and Senate Bill 240, both as introduced, would have a likely nominal fiscal impact on the Michigan Liquor Control Commission (LCC) and state and local law enforcement agencies to the extent that the LCC and law enforcement agencies carry out enforcement actions pertaining to the prohibition of powdered alcohol.

The bill would also have indeterminate, yet likely nominal, fiscal impacts on county prosecutors and the judiciary via local court funding units dependent on how the provisions of the bill affect caseloads and related administrative costs. To the extent that the bill results in a greater number of misdemeanor convictions, it would increase costs related to county jails and/or local misdemeanor probation supervision, which vary by jurisdiction. Any increase in penal fine revenues would increase funding for local libraries, which are the constitutionally-designated recipients of those revenues.

                                                                                         Legislative Analyst:   Josh Roesner

                                                                                                 Fiscal Analyst:   Paul Holland

                                                                                                                           Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.