Bill Text: OH SB22 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: To provide for the remediation of real property on which an illegal methamphetamine manufacturing laboratory has been discovered.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2013-02-12 - To Medicaid, Health & Human Services [SB22 Detail]
Download: Ohio-2013-SB22-Introduced.html
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Senators LaRose, Beagle
Cosponsors:
Senators Cafaro, Oelslager, Hite
| To amend section 2981.12 and to enact sections | 1 |
| 3701.138, 3701.139, 3707.60, 3707.61, 3707.62, and | 2 |
| 5302.31 of the Revised Code to provide for the | 3 |
| remediation of real property on which an illegal | 4 |
| methamphetamine manufacturing laboratory has been | 5 |
| discovered. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2981.12 be amended and sections | 7 |
| 3701.138, 3701.139, 3707.60, 3707.61, 3707.62, and 5302.31 of the | 8 |
| Revised Code be enacted to read as follows: | 9 |
| Sec. 2981.12. (A) Unclaimed or forfeited property in the | 10 |
| custody of a law enforcement agency, other than property described | 11 |
| in division (A)(2) of section 2981.11 of the Revised Code, shall | 12 |
| be disposed of by order of any court of record that has | 13 |
| territorial jurisdiction over the political subdivision that | 14 |
| employs the law enforcement agency, as follows: | 15 |
| (1) Drugs shall be disposed of pursuant to section 3719.11 of | 16 |
| the Revised Code or placed in the custody of the secretary of the | 17 |
| treasury of the United States for disposal or use for medical or | 18 |
| scientific purposes under applicable federal law. | 19 |
| (2) Firearms and dangerous ordnance suitable for police work | 20 |
| may be given to a law enforcement agency for that purpose. | 21 |
| Firearms suitable for sporting use or as museum pieces or | 22 |
| collectors' items may be sold at public auction pursuant to | 23 |
| division (B) of this section. The agency may sell other firearms | 24 |
| and dangerous ordnance to a federally licensed firearms dealer in | 25 |
| a manner that the court considers proper. The agency shall destroy | 26 |
| any firearms or dangerous ordnance not given to a law enforcement | 27 |
| agency or sold or shall send them to the bureau of criminal | 28 |
| identification and investigation for destruction by the bureau. | 29 |
| (3) Obscene materials shall be destroyed. | 30 |
| (4) Beer, intoxicating liquor, or alcohol seized from a | 31 |
| person who does not hold a permit issued under Chapters 4301. and | 32 |
| 4303. of the Revised Code or otherwise forfeited to the state for | 33 |
| an offense under section 4301.45 or 4301.53 of the Revised Code | 34 |
| shall be sold by the division of liquor control if the division | 35 |
| determines that it is fit for sale or shall be placed in the | 36 |
| custody of the investigations unit in the department of public | 37 |
| safety and be used for training relating to law enforcement | 38 |
| activities. The department, with the assistance of the division of | 39 |
| liquor control, shall adopt rules in accordance with Chapter 119. | 40 |
| of the Revised Code to provide for the distribution to state or | 41 |
| local law enforcement agencies upon their request. If any tax | 42 |
| imposed under Title XLIII of the Revised Code has not been paid in | 43 |
| relation to the beer, intoxicating liquor, or alcohol, any moneys | 44 |
| acquired from the sale shall first be used to pay the tax. All | 45 |
| other money collected under this division shall be paid into the | 46 |
| state treasury. Any beer, intoxicating liquor, or alcohol that the | 47 |
| division determines to be unfit for sale shall be destroyed. | 48 |
| (5) Money received by an inmate of a correctional institution | 49 |
| from an unauthorized source or in an unauthorized manner shall be | 50 |
| returned to the sender, if known, or deposited in the inmates' | 51 |
| industrial and entertainment fund of the institution if the sender | 52 |
| is not known. | 53 |
| (6)(a) Any mobile instrumentality forfeited under this | 54 |
| chapter may be given to the law enforcement agency that initially | 55 |
| seized the mobile instrumentality for use in performing its | 56 |
| duties, if the agency wants the mobile instrumentality. The agency | 57 |
| shall take the mobile instrumentality subject to any security | 58 |
| interest or lien on the mobile instrumentality. | 59 |
| (b) Vehicles and vehicle parts forfeited under sections | 60 |
| 4549.61 to 4549.63 of the Revised Code may be given to a law | 61 |
| enforcement agency for use in performing its duties. Those parts | 62 |
| may be incorporated into any other official vehicle. Parts that do | 63 |
| not bear vehicle identification numbers or derivatives of them may | 64 |
| be sold or disposed of as provided by rules of the director of | 65 |
| public safety. Parts from which a vehicle identification number or | 66 |
| derivative of it has been removed, defaced, covered, altered, or | 67 |
| destroyed and that are not suitable for police work or | 68 |
| incorporation into an official vehicle shall be destroyed and sold | 69 |
| as junk or scrap. | 70 |
| (7) Computers, computer networks, computer systems, and | 71 |
| computer software suitable for police work may be given to a law | 72 |
| enforcement agency for that purpose or disposed of under division | 73 |
| (B) of this section. | 74 |
| (8) Money seized in connection with a violation of section | 75 |
| 2905.32, 2907.21, or 2907.22 of the Revised Code shall be | 76 |
| deposited in the victims of human trafficking fund created by | 77 |
| section 5101.87 of the Revised Code. | 78 |
| (9) Money seized in connection with the operation of an | 79 |
| illegal methamphetamine manufacturing laboratory as defined in | 80 |
| section 3745.13 of the Revised Code shall be deposited in the | 81 |
| contaminated property remediation fund created by section 3701.138 | 82 |
| of the Revised Code. | 83 |
| (B) Unclaimed or forfeited property that is not described in | 84 |
| division (A) of this section or division (A)(2) of section 2981.11 | 85 |
| of the Revised Code, with court approval, may be used by the law | 86 |
| enforcement agency in possession of it. If it is not used by the | 87 |
| agency, it may be sold without appraisal at a public auction to | 88 |
| the highest bidder for cash or disposed of in another manner that | 89 |
| the court considers proper. | 90 |
| (C) Except as provided in divisions (A) | 91 |
| (I) of this section and after compliance with division (D) of this | 92 |
| section when applicable, any moneys acquired from the sale of | 93 |
| property disposed of pursuant to this section shall be placed in | 94 |
| the general revenue fund of the state, or the general fund of the | 95 |
| county, the township, or the municipal corporation of which the | 96 |
| law enforcement agency involved is an agency. | 97 |
| (D) If the property was in the possession of the law | 98 |
| enforcement agency in relation to a delinquent child proceeding in | 99 |
| a juvenile court, ten per cent of any moneys acquired from the | 100 |
| sale of property disposed of under this section shall be applied | 101 |
| to one or more alcohol and drug addiction treatment programs that | 102 |
| are certified by the department of alcohol and drug addiction | 103 |
| services under section 3793.06 of the Revised Code. A juvenile | 104 |
| court shall not specify a program, except as provided in this | 105 |
| division, unless the program is in the same county as the court or | 106 |
| in a contiguous county. If no certified program is located in any | 107 |
| of those counties, the juvenile court may specify a certified | 108 |
| program anywhere in Ohio. The remaining ninety per cent of the | 109 |
| proceeds or cash shall be applied as provided in division (C) of | 110 |
| this section. | 111 |
| Each treatment program that receives in any calendar year | 112 |
| forfeited money under this division shall file an annual report | 113 |
| for that year with the attorney general and with the court of | 114 |
| common pleas and board of county commissioners of the county in | 115 |
| which the program is located and of any other county from which | 116 |
| the program received forfeited money. The program shall file the | 117 |
| report on or before the first day of March in the calendar year | 118 |
| following the calendar year in which the program received the | 119 |
| money. The report shall include statistics on the number of | 120 |
| persons the program served, identify the types of treatment | 121 |
| services it provided to them, and include a specific accounting of | 122 |
| the purposes for which it used the money so received. No | 123 |
| information contained in the report shall identify, or enable a | 124 |
| person to determine the identity of, any person served by the | 125 |
| program. | 126 |
| (E) Each certified alcohol and drug addiction treatment | 127 |
| program that receives in any calendar year money under this | 128 |
| section or under section 2981.13 of the Revised Code as the result | 129 |
| of a juvenile forfeiture order shall file an annual report for | 130 |
| that calendar year with the attorney general and with the court of | 131 |
| common pleas and board of county commissioners of the county in | 132 |
| which the program is located and of any other county from which | 133 |
| the program received the money. The program shall file the report | 134 |
| on or before the first day of March in the calendar year following | 135 |
| the year in which the program received the money. The report shall | 136 |
| include statistics on the number of persons served with the money, | 137 |
| identify the types of treatment services provided, and | 138 |
| specifically account for how the money was used. No information in | 139 |
| the report shall identify or enable a person to determine the | 140 |
| identity of anyone served by the program. | 141 |
| As used in this division, "juvenile-related forfeiture order" | 142 |
| means any forfeiture order issued by a juvenile court under | 143 |
| section 2981.04 or 2981.05 of the Revised Code and any disposal of | 144 |
| property ordered by a court under section 2981.11 of the Revised | 145 |
| Code regarding property that was in the possession of a law | 146 |
| enforcement agency in relation to a delinquent child proceeding in | 147 |
| a juvenile court. | 148 |
| (F) Each board of county commissioners that recognizes a | 149 |
| citizens' reward program under section 9.92 of the Revised Code | 150 |
| shall notify each law enforcement agency of that county and of a | 151 |
| township or municipal corporation wholly located in that county of | 152 |
| the recognition by filing a copy of its resolution conferring that | 153 |
| recognition with each of those agencies. When the board recognizes | 154 |
| a citizens' reward program and the county includes a part, but not | 155 |
| all, of the territory of a municipal corporation, the board shall | 156 |
| so notify the law enforcement agency of that municipal corporation | 157 |
| of the recognition of the citizens' reward program only if the | 158 |
| county contains the highest percentage of the municipal | 159 |
| corporation's population. | 160 |
| Upon being so notified, each law enforcement agency shall pay | 161 |
| twenty-five per cent of any forfeited proceeds or cash derived | 162 |
| from each sale of property disposed of pursuant to this section, | 163 |
| except as otherwise provided by this section, to the citizens' | 164 |
| reward program for use exclusively to pay rewards. No part of the | 165 |
| funds may be used to pay expenses associated with the program. If | 166 |
| a citizens' reward program that operates in more than one county | 167 |
| or in another state in addition to this state receives funds under | 168 |
| this section, the funds shall be used to pay rewards only for tips | 169 |
| and information to law enforcement agencies concerning offenses | 170 |
| committed in the county from which the funds were received. | 171 |
| Receiving funds under this section or section 2981.11 of the | 172 |
| Revised Code does not make the citizens' reward program a | 173 |
| governmental unit or public office for purposes of section 149.43 | 174 |
| of the Revised Code. | 175 |
| (G) Any property forfeited under this chapter shall not be | 176 |
| used to pay any fine imposed upon a person who is convicted of or | 177 |
| pleads guilty to an underlying criminal offense or a different | 178 |
| offense arising out of the same facts and circumstances. | 179 |
| (H) Any moneys acquired from the sale of personal effects, | 180 |
| tools, or other property seized because the personal effects, | 181 |
| tools, or other property were used in the commission of a | 182 |
| violation of section 2905.32, 2907.21, or 2907.22 of the Revised | 183 |
| Code or derived from the proceeds of the commission of a violation | 184 |
| of section 2905.32, 2907.21, or 2907.22 of the Revised Code and | 185 |
| disposed of pursuant to this section shall be placed in the | 186 |
| victims of human trafficking fund created by section 5101.87 of | 187 |
| the Revised Code. | 188 |
| (I) Any money acquired from the sale of property seized in | 189 |
| connection with the operation of an illegal methamphetamine | 190 |
| manufacturing laboratory as defined in section 3745.13 of the | 191 |
| Revised Code shall be deposited in the contaminated property | 192 |
| remediation fund created by section 3701.138 of the Revised Code. | 193 |
| Sec. 3701.138. (A) As used in this section and section | 194 |
| 3701.136 of the Revised Code, "illegal methamphetamine | 195 |
| manufacturing laboratory" has the same meaning as in section | 196 |
| 3745.13 of the Revised Code. | 197 |
| (B) The director of health, not later than one hundred twenty | 198 |
| days after the effective date of this section, shall adopt rules | 199 |
| under Chapter 119. of the Revised Code that do all of the | 200 |
| following: | 201 |
| (1) Provide for the maintenance by the department of health | 202 |
| of a list of persons certified to inspect and remediate real | 203 |
| property on which an illegal methamphetamine manufacturing | 204 |
| laboratory or its components have been found. The rules may | 205 |
| provide for the certification of persons who meet specified | 206 |
| qualifications to inspect and remediate property of that nature. | 207 |
| If the rules provide for certification of persons to inspect and | 208 |
| remediate property of that nature, they shall include a fee to be | 209 |
| paid by each person requesting certification. The department shall | 210 |
| use the fee to help pay for the maintenance of the list. | 211 |
| (2) Implement sections 3707.60, 3707.61, and 3707.62 of the | 212 |
| Revised Code and regulate the inspection and remediation of real | 213 |
| property on which an illegal methamphetamine manufacturing | 214 |
| laboratory or its components have been found. | 215 |
| (3) Create a procedure by which municipal corporations, | 216 |
| counties, and townships may apply for grants of money from the | 217 |
| contaminated property remediation fund created by section 3701.139 | 218 |
| of the Revised Code. | 219 |
| Sec. 3701.139. There is hereby created in the state treasury | 220 |
| the contaminated property remediation fund consisting of money | 221 |
| seized in connection with an illegal methamphetamine manufacturing | 222 |
| laboratory and deposited pursuant to section 2981.12 of the | 223 |
| Revised Code and any other money that may be appropriated or | 224 |
| contributed to the fund. The director of health shall use the | 225 |
| money in the fund for the sole purpose of eliminating the | 226 |
| contamination of real property caused by the operation of an | 227 |
| illegal methamphetamine manufacturing laboratory. The director | 228 |
| shall make grants from the fund to municipal corporations, | 229 |
| counties, and townships pursuant to rules adopted under section | 230 |
| 3701.138 of the Revised Code. | 231 |
| Sec. 3707.60. (A) As used in this section: | 232 |
| (1) "Board of health" means the board of health of a city or | 233 |
| general health district or the authority having the duties of a | 234 |
| board of health under section 3709.05 of the Revised Code. | 235 |
| (2) "Illegal methamphetamine manufacturing laboratory" has | 236 |
| the same meaning as in section 3745.13 of the Revised Code. | 237 |
| (3) "Written notice," when used in connection with notice | 238 |
| sent to a law enforcement agency, board of health, or public | 239 |
| children services agency, includes electronic notice. | 240 |
| (B) If a law enforcement agency discovers an illegal | 241 |
| methamphetamine manufacturing laboratory on real property, the law | 242 |
| enforcement agency that makes the discovery shall give written | 243 |
| notice to all of the following of the location of the real | 244 |
| property on which the laboratory is discovered, including the room | 245 |
| number or location within the building if the laboratory is in a | 246 |
| room of a hotel, motel, apartment building, nursing home, or | 247 |
| similar establishment: | 248 |
| (1) The owner of record of the real property; | 249 |
| (2) The board of health having jurisdiction over the real | 250 |
| property; | 251 |
| (3) The public children services agency having jurisdiction | 252 |
| over the real property, if it appears to the law enforcement | 253 |
| agency that children are living on the real property. | 254 |
| Sec. 3707.61. (A) As used in this section: | 255 |
| (1) "Structure" means a walled and roofed building or a | 256 |
| mobile home or manufactured home, regardless of whether the | 257 |
| structure, mobile home, or manufactured home is used as a | 258 |
| residence. | 259 |
| (2) "Unit" means a room or group of rooms in a hotel, motel, | 260 |
| apartment building, nursing home, or similar establishment that is | 261 |
| used as a residence. | 262 |
| (B) Upon receiving notice of a discovery of an illegal | 263 |
| methamphetamine manufacturing laboratory under section 3707.60 of | 264 |
| the Revised Code, a board of health shall do both of the | 265 |
| following: | 266 |
| (1) Declare the structure or unit in which the laboratory is | 267 |
| located a public health hazard that may not be occupied until the | 268 |
| board of health determines that the structure or unit is no longer | 269 |
| a public health hazard; | 270 |
| (2) File a notice with the recorder of the county in which | 271 |
| the real property is located identifying the property and stating | 272 |
| that the property includes a structure or unit that is a public | 273 |
| health hazard and that may not be occupied until the board | 274 |
| determines that the structure or unit is no longer a public health | 275 |
| hazard. | 276 |
| (C) When a board of health determines in accordance with | 277 |
| rules adopted by the director of health under section 3701.138 of | 278 |
| the Revised Code that a structure or unit declared by the board to | 279 |
| be a public health hazard is no longer a public health hazard, the | 280 |
| board shall file a notice with the county recorder stating that | 281 |
| the structure or unit is no longer a public health hazard and may | 282 |
| be occupied. | 283 |
| (D) Nothing in this section shall be construed as a | 284 |
| limitation on the authority of the state or any political | 285 |
| subdivision of the state to declare the real property on which the | 286 |
| laboratory is located a nuisance and to abate the nuisance. | 287 |
| Sec. 3707.62. (A) The owner of real property on which is | 288 |
| located a structure or unit that is declared a public health | 289 |
| hazard pursuant to section 3707.61 of the Revised Code shall pay | 290 |
| the costs of remediation of the structure or unit on the property. | 291 |
| If money from the contaminated property remediation fund created | 292 |
| by section 3701.139 was used to pay for any costs of remediation, | 293 |
| the owner shall reimburse the fund. | 294 |
| (B) If a structure or unit located on real property is | 295 |
| declared a public health hazard pursuant to section 3707.61 of the | 296 |
| Revised Code and the owner of the real property did not create, | 297 |
| operate, or consent to the operation of the illegal | 298 |
| methamphetamine manufacturing laboratory that resulted in the | 299 |
| declaration, the owner has a cause of action against any person | 300 |
| who created or operated the illegal methamphetamine manufacturing | 301 |
| laboratory or who occupied the structure or unit on the real | 302 |
| property and consented to the creation or operation of the illegal | 303 |
| methamphetamine manufacturing laboratory for all monetary losses | 304 |
| incurred because of the declaration, including reasonable attorney | 305 |
| fees. | 306 |
| Sec. 5302.31. (A) Any person who, after the effective date of | 307 |
| this section, intends to transfer an interest in real property | 308 |
| that includes a structure or unit that has been declared a public | 309 |
| health hazard pursuant to section 3707.61 of the Revised Code | 310 |
| shall give written notice of the declaration to the prospective | 311 |
| transferee or the prospective transferee's agent. The notice must | 312 |
| be received by the prospective transferee or the prospective | 313 |
| transferee's agent at least seven days before the date on which | 314 |
| the property interest is transferred. | 315 |
| (B) If a transferor fails to comply with division (A) of this | 316 |
| section, the transferee may rescind the transfer agreement at any | 317 |
| time before or up to one year after the transfer of the property | 318 |
| interest takes place. | 319 |
| Section 2. That existing section 2981.12 of the Revised Code | 320 |
| is hereby repealed. | 321 |
