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H. B. No. 33 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Williams, B., Boyd, Chandler, Harris, DeBose, Winburn
A BILL
To enact sections 319.64, 3745.25, and 5502.71 of the
Revised Code to require law enforcement agencies
to report to the Director of Public Safety the
location of any real property on which and the
vehicle identification number of any motor vehicle
in which an illegal methamphetamine manufacturing
laboratory has been discovered, to require the
Director of Public Safety to maintain on the
Department of Public Safety web site a database of
properties on which and motor vehicles in which
illegal methamphetamine manufacturing laboratories
have been discovered, to authorize a county
recorder to record an instrument identifying any
property that has been included in that database,
and to provide a means by which an owner of
property or a motor vehicle included in that
database may receive certification from the
Director of Environmental Protection that the
property or motor vehicle has been cleared of
methamphetamine residue and have the property or
motor vehicle removed from the database.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 319.64, 3745.25, and 5502.71 of the
Revised Code be enacted to read as follows:
Sec. 319.64. The county auditor of a county in which is
located real property that pursuant to section 5502.71 of the
Revised Code has been included in the department of public
safety's database of properties on which illegal methamphetamine
manufacturing laboratories have been discovered may present to the
county recorder for recording an instrument in recordable form
that identifies the property and states that an illegal
methamphetamine manufacturing laboratory has been discovered on
the property. If the county auditor has an instrument of that
nature recorded pursuant to this division and after the recording
of the instrument receives a certificate or certified copy of a
certificate issued by the director of environmental protection
pursuant to section 3745.25 of the Revised Code stating that the
property has been satisfactorily cleared of methamphetamine
residue, the county auditor shall present to the county recorder
for recording an instrument in recordable form stating that the
property has been cleared of methamphetamine residue to the
satisfaction of the director of environmental protection.
Sec. 3745.25. (A) The owner of real property or a motor
vehicle that pursuant to section 5502.71 of the Revised Code has
been included in the department of public safety's database of
properties on which and motor vehicles in which illegal
methamphetamine manufacturing laboratories have been discovered
may apply to the director of environmental protection for a
certificate stating that the property or motor vehicle has been
satisfactorily cleared of methamphetamine residue. If the real
property or motor vehicle that is the subject of the application
has been satisfactorily cleared of methamphetamine residue in
accordance with rules adopted by the director pursuant to division
(B) of this section, the director shall issue the certificate for
the real property or motor vehicle.
(B) The director of environmental protection shall adopt
rules for the certification of real property on which or a motor
vehicle in which an illegal methamphetamine manufacturing
laboratory has been discovered as having been satisfactorily
cleared of methamphetamine residue. The director shall adopt the
rules pursuant to Chapter 119. of the Revised Code, and the rules
shall comport with prevailing national standards for the removal
of methamphetamine residue from real property or motor vehicles.
Sec. 5502.71. (A) As used in this section, "illegal
methamphetamine manufacturing laboratory" has the same meaning as
in section 3745.13 of the Revised Code.
(B) If a law enforcement agency discovers an illegal
methamphetamine manufacturing laboratory, the law enforcement
agency that makes the discovery shall inform the director of
public safety in writing of the location of the real property on
which the laboratory is discovered and provide any other
information related to the laboratory or to the property that the
director may require. If an illegal methamphetamine manufacturing
laboratory is discovered in a room of a hotel, motel, or similar
establishment, the law enforcement agency shall inform the
director of that room number or the location of that room within
the hotel, motel, or similar establishment.
(C) If a law enforcement agency discovers an illegal
methamphetamine manufacturing laboratory or its components in a
motor vehicle, the law enforcement agency that makes the discovery
shall inform the director of public safety of the vehicle
identification number of the motor vehicle and provide any other
information related to the laboratory or components or to the
motor vehicle that the director may require.
(D) The director of public safety shall establish and
maintain on the department's official web site a database of all
properties and motor vehicles reported to the director pursuant to
division (B) or (C) of this section. The database entry for each
motor vehicle shall include the vehicle identification number of
the motor vehicle. The database entry for each property shall
include the name of the property's owner of record, the parcel
number of the property in the general tax list of the county, and
other information that would cause the property's inclusion in the
database to be discovered through a title search. If an illegal
methamphetamine manufacturing laboratory was discovered in the
room of a hotel, motel, or similar establishment, the database
entry shall include the room number or the location of the room
within the hotel, motel, or similar establishment. The director
shall remove a property or motor vehicle from the database upon
receipt of a certificate or certified copy of a certificate issued
by the director of environmental protection pursuant to section
3745.25 of the Revised Code stating that the property or motor
vehicle has been satisfactorily cleared of methamphetamine residue
and shall not remove a property or motor vehicle from the database
unless and until the director has received from the director of
environmental protection a certificate or certified copy of a
certificate of that nature for the property or motor vehicle.
(E) The director of public safety shall adopt rules pursuant
to Chapter 119. of the Revised Code to implement this section.
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