HOUSE BILL No. 5389

 

October 31, 2007, Introduced by Reps. Johnson, Brown, Byrum, Simpson, McDowell, Bieda, Donigan, Vagnozzi, Valentine, Corriveau, Jackson, Polidori, Leland, Hopgood, Accavitti, Young, Dean, Miller, Alma Smith, Ebli, Lemmons, Wojno, Kathleen Law, Constan, Hammel, Scott and Cheeks and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 17791.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17791. (1) A manufacturer, including any employee or

 

agent of the manufacturer, shall keep a detailed record of the

 

value, nature, and purpose of any research and development

 

conducted in its usual course of business.

 

     (2) By December 31, 2008 and each year thereafter, a

 

manufacturer shall submit a written report to the department that

 

discloses the value, nature, and purpose of any research and

 

development. The report shall be on a form and in a manner as

 

prescribed by the department. The department shall assess a filing

 


fee for this report that covers the department's administrative

 

cost of maintaining these reports. On or before March 31, 2009, and

 

each year thereafter, the department shall report to the

 

legislature and the governor on the disclosures made under this

 

section. Each manufacturer shall also disclose to the department,

 

on or before September 31, 2008, and annually thereafter, the name

 

and address of the individual responsible for the manufacturer's

 

compliance with the provisions of this section.

 

     (3) The department shall make the reports submitted pursuant

 

to this section available to the public on the department's

 

website.

 

     (4) A manufacturer who neglects or refuses to file a report

 

under this section is subject to an administrative fine of not more

 

than $10,000.00. A manufacturer who intentionally provides a false

 

report is subject to an administrative fine of not more than

 

$500,000.00.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5388(request no.

 

02305'07).

 

     (b) Senate Bill No.____ or House Bill No. 5387(request no.

 

02307'07).