97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0193

 

Introduced 01/18/11, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 646/36 new

    Amends the Methamphetamine Control and Community Protection Act. Provides that whenever a State or local law enforcement agency becomes aware that an inhabitable property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency shall report the contamination to the Department of State Police and to the local public health officer. Provides that the Department of State Police shall maintain a list of inhabitable property that has been reported as contaminated, and the list must be made available to the public through a website. Provides that the property shall be removed from the list when the contamination has been removed. Provides that once an inhabitable property has been removed from the list, a property owner, landlord, or real estate agent is not required to report or otherwise disclose the past contamination.


LRB097 05128 RLC 45173 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0193LRB097 05128 RLC 45173 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Methamphetamine Control and Community
5Protection Act is amended by adding Section 36 as follows:
 
6    (720 ILCS 646/36 new)
7    Sec. 36. Clandestine methamphetamine drug lab; reports.
8    (a) Whenever a State or local law enforcement agency
9becomes aware that an inhabitable property has been
10contaminated by its use as a clandestine methamphetamine drug
11lab, the agency shall report the contamination to the
12Department of State Police and to the local public health
13officer.
14    (b) The Department of State Police shall maintain a list of
15inhabitable property that has been reported as contaminated,
16and the list must be made available to the public through a
17website except as provided in subsection (c).
18    (c) Upon confirmation by the Department of State Police
19that an inhabitable property has been properly remediated to
20the standards established by the Department of State Police or
21that the inhabitable property meets the decontamination
22standards without decontamination, the Department of State
23Police shall remove the inhabitable property from the list

 

 

HB0193- 2 -LRB097 05128 RLC 45173 b

1required in subsection (b). The Department of State Police
2shall provide written notification to the local public health
3officer and the property owner of record when the documentation
4shows that the inhabitable property has been properly assessed
5or remediated.
6    (d) The Department of State Police may adopt rules
7establishing reasonable requirements for the sufficiency of
8documentation to be provided by a certified contractor.
9    (e) Notwithstanding any other provision of law, once an
10inhabitable property has been removed from the list required in
11subsection (b), a property owner, landlord, or real estate
12agent is not required to report or otherwise disclose the past
13contamination.
14    (f) For the purposes of this Section, "clandestine
15methamphetamine drug lab" means any parts of a dwelling,
16building, motor vehicle, trailer, or appliance occupied or
17affected by conditions or chemicals, or both, typically
18associated with the unlawful manufacture or attempt to
19manufacture methamphetamine.