SB-1112, As Passed House, May 24, 2006

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 1112

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1917 PA 167, entitled

 

"Housing law of Michigan,"

 

by amending section 85a (MCL 125.485a), as added by 2003 PA 307.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 85a. (1)  A  Within 48 hours of discovering an illegal

 

drug manufacturing site, a state or local law enforcement agency

 

shall notify the enforcing agency, the local health department if

 

the enforcing agency is not the local health department, and the

 

department of  environmental quality  community health regarding

 

the potential contamination of any property or dwelling that is or

 

has been the site of illegal drug manufacturing. The state or local

 

law enforcement agency shall post a written warning on the premises

 

stating that potential contamination exists and may constitute a

 

hazard to the health or safety of those who may occupy the


 

premises.

 

     (2) Within 14 days after receipt of the notification under

 

subsection (1) or as soon thereafter as practically possible, the

 

department of  environmental quality  community health, in

 

cooperation with the enforcing agency, shall review the information

 

received from the state or local law enforcement agency, emergency

 

first responders, or hazardous materials team that was called to

 

the site and make a determination regarding whether the premises

 

are likely to be contaminated and whether that contamination may

 

constitute a hazard to the health or safety of those who may occupy

 

the premises. The fact that property or a dwelling has been used as

 

a site for illegal drug manufacturing shall be treated by the

 

department of  environmental quality  community health as prima

 

facie evidence of likely contamination that may constitute a hazard

 

to the health or safety of those who may occupy those premises.

 

     (3) If the property or dwelling, or both, is determined likely

 

to be contaminated under subsection (2), the enforcing agency shall

 

issue an order requiring the property or dwelling to be vacated

 

until the property owner establishes that the property is

 

decontaminated or the risk of likely contamination ceases to exist.

 

     (4) The department of  environmental quality  community health

 

shall promulgate rules and procedures necessary to implement this

 

section.

 

     (5) Nothing in this section precludes a local health

 

department from exercising its powers or duties under this act or

 

the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

 

However, if there is a determination under subsection (2) that is


 

contrary to an order made by a local health department, then the

 

determination made under subsection (2) takes precedence.