Bill Summary – FastDemocracy

Legislative Analysis
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SMOKE ALARM BATTERY STANDARD ACT
                                                                            http://www.house.mi.gov/hfa
Senate Bill 328 (S-2) as reported from House committee                      Analysis available at
Sponsor: Sen. Kevin Hertel                                                  http://www.legislature.mi.gov
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
Complete to 2-27-24
                                                                  (Enacted as Public Act 98 of 2024)
SUMMARY:
       Senate Bill 328 would create the Smoke Alarm Battery Standard Act, which would require
       new smoke detector units sold in Michigan to be powered by a nonremovable, 10-year battery.
       The bill would not apply to systems that are wireless or hardwired into a building.
       The new act would prohibit the sale, offer for sale, distribution, or importation into Michigan
       of a smoke alarm device powered by a replaceable or removable battery. Instead, a device
       would have to be powered for at least 10 years either by a nonremovable and nonreplaceable
       battery (e.g., a lithium ion battery in a sealed unit) or by another power source that uses new
       technology.
       However, the new act would not apply to systems that are hardwired into a building or that are
       wireless or Wi-Fi connected. Specifically, the bill would exempt the following:
           • A fire alarm, smoke detector, or smoke alarm that receives power, or that has an
               ancillary component that receives power, from an electrical system of a building.
           • A fire alarm, smoke detector, or smoke alarm that is electronically connected, or that
               has an ancillary component that is electronically connected, as part of a centrally
               monitored or supervised alarm system.
           • A fire alarm, smoke detector, or smoke alarm that uses, or that has an ancillary
               component that uses, one or more of the following:
                   o A low-power radio frequency wireless communication signal.
                   o Wi-Fi or other wireless local area networking capability to send and receive
                       notifications to and from the internet.
       The new act would apply to a person selling, offering to sell, distributing, or importing a smoke
       alarm device beginning 18 months after the bill takes effect.
               Person would mean an individual, estate, business or nonprofit entity, public
               corporation, government or governmental subdivision, agency, or instrumentality, or
               other legal entity.
       A person that violated the act would be subject to a civil fine of up to $500, which would be
       deposited in the Christopher R. Slezak First Responder Presumed Coverage Fund. The action
       to collect a fine could be brought by the attorney general or the county prosecutor of the county
       where the violation occurred.
House Fiscal Agency                                                                           Page 1 of 2
BACKGROUND:
        The bill is similar to House Bill 4382 of the 2021-22 legislative session, which was passed by
        the House of Representatives. 1
BRIEF DISCUSSION:
        According to committee testimony, several states have already enacted similar legislation.2
        Supporters of the bill argued that mandating 10-year battery smoke alarms will help to save
        lives because the majority of home fire deaths occur in homes with malfunctioning or dead
        smoke alarms. They also pointed to statistics showing that having a working smoke alarm can
        nearly double the chance of a successful escape from a fire.
        Some on the committee raised concerns about the ability to enforce the new requirement on
        out-of-state sellers, such as internet retailers, that ship products into Michigan.
FISCAL IMPACT:
        Senate Bill 328 could result in additional revenue being deposited into the Christopher R.
        Slezak First Responder Presumed Coverage Fund, due to the bill’s creation of a $500 civil fine.
        The fund is used to pay claim expenses for firefighters who develop cancers, as outlined in
        section 405 of the Worker’s Disability Compensation Act. 3 The amount of revenue that would
        be deposited into the fund would depend on the number of civil fines assessed and is therefore
        currently indeterminate.
POSITIONS:
        A representative of Carrier Corporation testified in support of the bill. (2-20-24)
        The following entities indicated support for the bill (2-20-24):
           • State Fire Marshal
           • The Home Depot
        The Department of Licensing and Regulatory Affairs indicated a neutral position on the bill.
        (2-20-24)
                                                              Legislative Analyst: Alex Stegbauer
                                                                   Fiscal Analyst: Marcus Coffin
■ 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.
1
  http://legislature.mi.gov/doc.aspx?2021-HB-4382
2
  https://www.kidde.com/home-safety/en/us/safety-campaigns/Its_the_Law/
3
  http://legislature.mi.gov/doc.aspx?mcl-418-405
House Fiscal Agency                                                       SB 328 (S-2) as reported   Page 2 of 2