MERCURY-ADDED PRODUCTS S.B. 123 (S-2) & 124 (S-4): FLOOR ANALYSIS




Senate Bill 123 (Substitute S-2 as reported)
Senate Bill 124 (Substitute S-4 as reported)
Sponsor: Senator Liz Brater (S.B. 123) Senator Patricia L. Birkholz (S.B. 124)
Committee: Natural Resources and Environmental Affairs

CONTENT
Senate Bill 123 (S-2) would amend Part 172 (Mercury Thermometers) of the Natural Resources and Environmental Protection Act to prohibit a person from selling, offering for sale, or offering for promotional purposes, a blood pressure recording, measuring, or monitoring device that contained mercury or a mercury compound intentionally added to the device, beginning January 1, 2008. The bill would prohibit the use of such a device beginning January 1, 2009. Additionally, the bill would change the heading of Part 172 to "Mercury-Added Products".


Senate Bill 124 (S-4) would amend Part 172 to prohibit a person from selling or distributing a thermostat for use in regulating room temperature if the thermostat contained mercury or a mercury compound, beginning January 1, 2009.


The prohibition would not apply if the thermostat were a replacement for an existing thermostat containing mercury or a mercury compound that was a component of an appliance.


The bills are tie-barred to each other and to Senate Bill 186, which would define "thermostat" and "appliance", and prohibit the sale of certain medical devices containing mercury.
Proposed MCL 324.17204 (S.B. 123) Legislative Analyst: Julie Cassidy
Proposed MCL 324.17205 (S.B. 124)

FISCAL IMPACT
The bills would have an indeterminate fiscal impact on local government. A violation of Part 172 is a misdemeanor punishable by up to 60 days' imprisonment and/or a maximum fine of $1,000, plus the costs of prosecution. There are no data to indicate how many offenders would be convicted of the proposed offenses. Local governments would incur the costs of misdemeanor probation and incarceration in local facilities, which vary by county. Additional penal fine revenue would benefit public libraries.


Date Completed: 11-30-06 Fiscal Analyst: Lindsay Hollander
Jessica Runnels

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. sb123&124/0506