HB 765/LM (BR 1139) - T. Pullin, J. Greer
AN ACT relating to methamphetamine contamination.
Amend KRS 224.01-410 to define "clandestine methamphetamine lab," "contaminated property," and "decontamination standards"; permit the Environmental and Public Protection Cabinet to establish a tiered response system for methamphetamine-contaminated properties and to promulgate administrative regulations for decontamination standards; require local or state law enforcement to conduct the initial sampling of an inhabitable property site and direct the Department of the State Police to promulgate administrative regulations; permit the property owner of a inhabitable property site to consult decontamination and remediation service providers not listed on the cabinet's certified contractor list, if the initial sampling result is not assessed as a Tier 3 or higher contamination; require that inhabitable property not be deemed habitable unless the decontamination standard is met; require the cabinet to promulgate administrative regulations to create the tiered response system for methamphetamine-contaminated properties; clarify the mechanisms of financial assurance used by certified contractors; require local law enforcement officials or other peace officers to post the notice of quarantine on inhabitable properties under administrative regulations promulgated by the Department of Health and at the request of the state or local health department; require any owner of contaminated property to disclose contamination prior to leasing, renting, or selling property; require the cabinet to make information about federal income tax deductions or credits available to owners of property damaged due to crime; and amend KRS 198A.040 to require the Kentucky Housing Corporation to report to the LRC about their program to assist people of lower and moderate income from the costs associated with assessment and decontamination services.
HB 765 - AMENDMENTS
HCS/LM - Retain original provisions except, amend KRS 224.01-410 to allow local health departments from consolidated local governments and urban-county governments to collect samples for testing instead of local or state law enforcement agencies; require law enforcement to consult with the Environmental and Public Protection Cabinet when a Tier 4 contaminated property is discovered; require all contaminated property to meet a Tier 1 cleanup response and to require property owners to certify cleanup to the cabinet; require a $100,000 surety bond or other financial assurances for certified contractors doing Tier 2 or 3 cleanup and a $250,000 surety bond or other financial assurance for Tier 4 cleanup, and allow the surety bond or other financial incentives to be aggregated; grandfather in all contractors already certified by the cabinet; and amend KRS 224.99-010 to make anyone who removes a methamphetamine contamination notice guilty of a Class A misdemeanor and to make anyone who leases, rents, or sells contaminated property without written notice guilty of a Class D felony.
HFA (1, T. Pullin) - Amend KRS 224.01-410 to define "contaminated property" and "inhabitable property"; provide that the Kentucky State Police shall assess contaminated properties; require Tier 1 contamination to be decontaminated by certified contractors and establish the minimal bond or other financial assurance for Tier 1 cleanup at $100,000; provide that owners of property do not have to provide notice of contamination to renters, lessees, or buyers if the contaminated property has been decontaminated and certified.
Mar 4-introduced in House
Mar 5-to Seniors, Military Affairs, & Public Safety (H)
Mar 10-posted in committee
Mar 12-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 13-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 14, 2008
Mar 18-floor amendment (1) filed to Committee Substitute
Mar 21-3rd reading, passed 94-0 with Committee Substitute, floor amendment (1)
Mar 24-received in Senate
Mar 26-to Veterans, Military Affairs, & Public Protection (S)
Mar 27-reported favorably, 1st reading, to Consent Calendar
Mar 28-2nd reading, to Rules
Apr 14-posted for passage in the Consent Orders of the Day for Monday, April 14
Apr 15-3rd reading, passed 37-0; received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 24-signed by Governor (Acts Ch. 161)