ILLEGAL DRUG LABS: INSPECTION - S.B. 648: FLOOR ANALYSIS
sans-serif">Senate Bill 648 (as reported with amendment)
Sponsor: Senator Bruce Patterson
CONTENT
The bill would amend the Housing Law of Michigan to do the following:
-- Require a State or local law enforcement agency to notify the enforcing agency (responsible for administering and enforcing the Housing Law) regarding the potential contamination of any property or dwelling that is or was the site of illegal drug manufacturing.
-- Require the enforcing agency to inspect the premises for contamination.
-- Require the premises to be vacated under certain circumstances.
Within three days after receiving notice under the bill, the enforcing agency would have to post a written warning on the premises regarding potential contamination. Within 14 days after receiving notice, the enforcing agency, or that agency and representatives of other agencies that formed a team to undertake an inspection under the bill and applicable laws, would have to inspect the premises for contamination.
If an inspector or team of inspectors determined that the property or dwelling had been contaminated and was unfit for human habitation or presented a danger to the life or health of others, the health officer or other appropriate public official would have to issue an order requiring the property or dwelling to be vacated until it was decontaminated or the risk no longer existed. The enforcing agency would have to give the property owner an opportunity for a hearing under the Administrative Procedures Act within 15 days after the order was issued.
The Department of Community Health would have to promulgate rules and procedures necessary to implement the bill.
The bill would take effect on January 31, 2004.
Proposed MCL 125.485a - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 10-20-03 - Fiscal Analyst: David ZinFloor\sb648 - Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.