Bill Text: IL HB0193 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0193 Detail]

Download: Illinois-2011-HB0193-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0193 Introduced , 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
HB0193 LRB097 05128 RLC 45173 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Methamphetamine Control and Community
Protection Act is amended by adding Section 36 as follows:
(720 ILCS 646/36 new)
Sec. 36. Clandestine methamphetamine drug lab; reports.
(a) 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.
(b) 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 except as provided in subsection (c).
(c) Upon confirmation by the Department of State Police
that an inhabitable property has been properly remediated to
the standards established by the Department of State Police or
that the inhabitable property meets the decontamination
standards without decontamination, the Department of State
Police shall remove the inhabitable property from the list

HB0193 - 2 - LRB097 05128 RLC 45173 b
required in subsection (b). The Department of State Police
shall provide written notification to the local public health
officer and the property owner of record when the documentation
shows that the inhabitable property has been properly assessed
or remediated.
(d) The Department of State Police may adopt rules
establishing reasonable requirements for the sufficiency of
documentation to be provided by a certified contractor.
(e) Notwithstanding any other provision of law, once an
inhabitable property has been removed from the list required in
subsection (b), a property owner, landlord, or real estate
agent is not required to report or otherwise disclose the past
contamination.
(f) For the purposes of this Section, "clandestine
methamphetamine drug lab" means any parts of a dwelling,
building, motor vehicle, trailer, or appliance occupied or
affected by conditions or chemicals, or both, typically
associated with the unlawful manufacture or attempt to
manufacture methamphetamine.