Rep. Donald L. Moffitt

Filed: 4/11/2005

 

 


 

 


 
09400HB3532ham002 LRB094 02461 RLC 44766 a

1
AMENDMENT TO HOUSE BILL 3532

2     AMENDMENT NO. ______. Amend House Bill 3532, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Department of State Police Law of the Civil
6 Administrative Code of Illinois is amended by adding Section
7 2605-211 as follows:
 
8     (20 ILCS 2605/2605-211 new)
9     Sec. 2605-211. Protocol; methamphetamine; illegal
10 manufacture.
11     (a) The Department of State Police, the Environmental
12 Protection Agency, and the Department of Public Health shall
13 jointly develop a protocol to be followed in determining
14 whether a dwelling, structure, or other site at which
15 methamphetamine had been illegally manufactured may again be
16 safely put to its intended legal use, including but not limited
17 to standards for the removal of contaminants in and around the
18 dwelling, structure, or other site, remediation of plumbing
19 systems and ventilation systems, and abatement of any other
20 substantial danger to health and safety. If the contaminated
21 site is inside a dwelling or structure used as a dwelling the
22 implementation of the protocol shall be the purview of the
23 Department of Public Health. If the contaminated site is
24 outdoors or in a structure not used as a dwelling, the protocol

 

 

09400HB3532ham002 - 2 - LRB094 02461 RLC 44766 a

1 shall be the purview of the Illinois Environmental Protection
2 Agency.
3     (b) The Department of State Police, the Environmental
4 Protection Agency, and the Department of Public Health must
5 develop the protocol by January 1, 2006.
6     (c) The Department of State Police, the Environmental
7 Protection Agency, and the Department of Public Health must
8 each post the protocol on their official Web sites.
9     (d) The owner or lessor of a dwelling, structure, or other
10 site at which methamphetamine had been illegally manufactured
11 without the knowledge of the owner or lessor is immune from any
12 civil liability that may result from conditions arising from
13 the illegal manufacture of methamphetamine at the dwelling,
14 structure, or other site if the owner or lessor cleaned up the
15 dwelling, structure, or other site in accordance with the
16 protocol developed under this Section.
 
17     Section 10. The Environmental Protection Act is amended by
18 adding Section 22.50 as follows:
 
19     (415 ILCS 5/22.50 new)
20     Sec. 22.50. Protocol; methamphetamine; illegal
21 manufacture. The Environmental Protection Agency and the
22 Department of Public Health shall cooperate with the Department
23 of State Police in developing the protocol required under
24 Section 2605-211 of the Department of State Police Law of the
25 Civil Administrative Code of Illinois.
 
26     Section 99. Effective date. This Act takes effect upon
27 becoming law.".