Bill Text: MI SB0535 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; other; methamphetamine abuse reporting act; create, and prohibit certain controlled substance offenders from obtaining products containing ephedrine or pseudoephedrine under certain circumstances. Creates new act. TIE BAR WITH: SB 0756'14
Spectrum: Moderate Partisan Bill (Republican 20-3)
Status: (Passed) 2014-07-16 - Assigned Pa 0276'14 With Immediate Effect [SB0535 Detail]
Download: Michigan-2013-SB0535-Engrossed.html
SB-0535, As Passed House, June 12, 2014
SUBSTITUTE FOR
SENATE BILL NO. 535
A bill to create the methamphetamine abuse reporting act; to
require the department of state police to report methamphetamine-
related offenses to the national association of drug diversion
investigators (NADDI); to require the entry of methamphetamine-
related offenses into the national precursor log exchange (NPLEx)
system; to provide civil immunity under certain circumstances; to
prohibit the disclosure of certain information under certain
circumstances; and to provide remedies and penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"methamphetamine abuse reporting act".
Sec. 2. As used in this act:
(a) "Department" means the department of state police.
(b) "Methamphetamine-related offense" means 1 or more of the
following offenses under Michigan law:
(i) A violation or attempted violation of article 7 of the
public health code, 1978 PA 368, MCL 333.7101 to 333.7545,
involving methamphetamine.
(ii) A violation or attempted violation of section 17766c or
17766f of the public health code, 1978 PA 368, MCL 333.17766c and
333.17766f.
(iii) Conspiracy to commit an offense described in subparagraph
(i) or (ii).
(c) "NADDI" means the national association of drug diversion
investigators.
(d) "NPLEx" means the national precursor log exchange.
Sec. 3. If the department is notified by the court that an
individual has been convicted of a methamphetamine-related offense
on or after the effective date of this act, the department shall
notify NADDI of that conviction. The department may consult with
NADDI regarding the conviction information that is to be provided
under this act and may limit the information provided to NADDI
based upon those requirements. However, the information provided to
NADDI under this section shall, at a minimum, include all of the
following:
(a) The individual's full name.
(b) The individual's date of birth.
(c) The individual's driver license number or state personal
identification card number, if known by the department.
(d) A statement that the individual has been convicted of a
methamphetamine-related offense. A statutory citation to the
violation satisfies the requirements of this subdivision.
(e) A statement of the date of conviction.
Sec. 4. The information provided to NADDI under this section
shall be for the purpose of generating a stop-sale alert through
NPLEx for individuals who have been convicted of methamphetamine-
related offenses. The stop-sale alert applies until the expiration
of 10 years after the individual is convicted of the
methamphetamine-related offense.
Sec. 5. NADDI may provide a statement on NPLEx that the stop-
sale alert is generated because of a conviction for a
methamphetamine-related offense and that the individual to whom the
stop order applies may contact the department of state police if he
or she believes that the information reported to NADDI under this
act is erroneous.
Sec. 6. (1) The department shall notify NADDI if any of the
following apply:
(a) The department corrects or updates any information
regarding the conviction, if that information was previously
reported to NADDI.
(b) The department determines that the conviction has been set
aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise
expunged.
(2) NADDI shall promptly correct or update information in, or
remove information from, NPLEx upon receiving notification by the
department under subsection (1).
Sec. 7. The department and NADDI are immune from civil
liability for compiling, maintaining, or reporting methamphetamine-
related offense information under this act.
Sec. 8. (1) A person who sells ephedrine or pseudoephedrine at
retail may rely on information provided by the department to NADDI
under this act for enforcing a stop-sale alert based upon a report
of a conviction for a methamphetamine-related offense and, except
as provided in subsection (2), is immune from civil liability for
the reliance upon and use of that information under this act.
(2) A person shall not intentionally disclose to any person
any information that he or she knows was provided under this act,
except as authorized under this act. Information provided under
this act and information entered in NPLEx under this act is not
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246.
(3) A person who discloses information in violation of
subsection (2) is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$500.00, or both.
Enacting section 1. This act takes effect January 1, 2015.
Enacting section 2. This act does not take effect unless
Senate Bill No. ____ or House Bill No. ____ (request no. 02722'13
a) of the 97th Legislature is enacted into law.
