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.