130th Ohio General Assembly
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H. B. No. 33  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 33


Representative Dyer 

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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