January 09, 2004
January 9, 2004
LANSING – Governor Jennifer M. Granholm has signed two legislative packages that are designed to make Michigan safer by giving law enforcement stronger tools to clamp down on the use and manufacture of a street drug and by strengthening road worker safety laws.A seven-bill package will give law enforcement better tools to address the rapid spread of methamphetamine, also known as "meth," "speed," or "ice," in Michigan. The drug can be manufactured from common chemicals in labs that are often located in rural or remote locations. The production of the drug is prevalent in southwestern and southern Michigan.
"The manufacture and use of this drug is spreading quickly in parts of Michigan, and these new laws are a quick and early response to some of the problems that surround meth," Granholm said. "The number of meth crimes is definitely on the rise in Michigan – in 1996, only six meth labs were found in our state. In 2003, it was expected that law enforcement would seize more than 300 meth labs."
The new laws give law enforcement the tools to clamp down on the manufacture and use of the drug by targeting the common chemicals used to produce meth and the clandestine labs that produce it.
The new laws, which take effect on April 1, will:
• provide for the inspection of a building for contamination if the property had been the site of illegal drug manufacturing. (Senate Bill 648 sponsored by Senator Bruce Patterson, R-Canton)
• prohibit the owning, possessing, using, or providing of a vehicle, building, structure, place, area, chemical, or laboratory equipment for the purpose of manufacturing a controlled or counterfeit substance. (Senate Bill 649 sponsored by Senator Patricia Birkholz, R-Saugatuck)
• prohibit the possession of more than 10 grams of ephedrine alone or in a mixture. This is one of the common chemicals used to make methamphetamine. (Senate Bill 650 sponsored by Senator Alan Cropsey, R-Dewitt)
• revise sentencing guidelines for the possession of more than 10 grams of ephedrine. (Senate Bill 651 sponsored by Senator Alan Sanborn, R-Richmond)
• prohibit the transporting or possessing of anhydrous ammonia in a container other than a container "approved by law" and tampering with a container approved by law. This is another common chemical used to manufacture the drug. (Senate Bill 652 sponsored by Senator Ron Jelinek, R-Three Oaks)
• revise sentencing guidelines for the operating or maintaining of a controlled substance laboratory to list the violation as a Class B controlled substances felony with a statutory minimum sentence of 20 years. (Senate Bill 698 sponsored by Senator Michael Bishop, R-Rochester)
• include in sentencing guidelines new penalties for the unlawful possessing or transporting of anhydrous ammonia. (Senate Bill 777 sponsored by Senator Tom George, R-Kalamazoo)
Granholm also signed two bills that make important changes to a road construction safety law known as "Andy’s Law." The laws will provide for a clearer definition of a highway "work zone" and amend penalties for killing or injuring a road construction worker so that points can be added to the driver’s permanent driving record.
"I am pleased to sign this legislation today to strengthen our highway work zone safety laws," Granholm said. "It is unfortunate that it took a tragic accident to bring about these changes, but I am glad the Legislature acted upon them to strengthen our laws and increase penalties."
House Bill 5089 gives a clearer definition of "work zone" in existing laws to help distinguish accidents from felony driving incidents. Under the new law, a work zone begins with a "Work Zone Begins" sign in a road construction area and ends with "End Road Work" sign. For work involving more than one moving vehicle, the work zone will begin with a "Begin Work Convoy" sign and end with an "End Work Convoy" sign. The new law also clearly defines work zones involving vehicles with rotating beacons or strobe lights.
House Bill 5173 makes changes to penalties for traffic accidents that occur in highway work zones, adding not more than three points to the person’s permanent driving record if convicted of killing or injuring a highway worker. Governor Granholm said the aim of the new law, combining the fines for speeding though a construction zone with points on the driver’s record, is to compel drivers to slow down while traveling through a highway work zone.
Both new laws were sponsored by State Representative Daniel Acciavatti (R-Chesterfield Township).
The legislation was introduced in response to an August 9, 2002, traffic accident on I-94 near Joy Road in Macomb County. A driver traveling at nearly 80 miles per hour through a highway work zone hit and killed one road construction worker while seriously injuring another. The driver was acquitted of all charges in part, prosecutors say, because Michigan’s highway work zone safety laws lacked a clear definition of work zone.
