Introduced Version
House Bill 2096 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2096
(By Delegate Howell)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL
to amend and reenact §60A-11-3
of the Code of West Virginia,
1931, as amended, relating to the remediation of clandestine
drug laboratories and disclosure of the existence of the same.
Be it enacted by the Legislature of West Virginia:
That §60A-11-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. CLANDESTINE DRUG LABORATORY REMEDIATION ACT.
§60A-11-3. Remediation of clandestine drug laboratories;
promulgation of legislative rules.
(a) The Department of Health and Human Resources shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to address, at a
minimum, the following issues:
(1) Establishment of scientific guidelines and numeric decontamination levels for the remediation of clandestine drug
laboratories;
(2) Establishment of a certification program for persons or
contractors who engage in the business of clandestine drug lab
remediation;
(3) Establishment of a licensure procedure whereby individuals
and businesses certified to do remediation of clandestine drug
laboratories obtain a license from the Department of Health and
Human Resources to do such work;
(4) Requiring licensed contractors to notify the Department of
Health and Human Resources prior to beginning any remediation
project;
(5) Setting forth certification procedures for the department
to certify that the completed remediation of the residential
property fully meets the scientific guidelines and numeric
decontamination levels set forth in the legislative rule; and
(6) Establishing requirements for property owners, sellers and
landlords to disclose the existence of any former clandestine
laboratory site or activity to any potential occupant of the
residential property: Provided, That when the clandestine drug
laboratory has been confined to an outbuilding or to a mobile home
or trailer or other temporary structure upon a tract of real
property, the removal of such outbuilding, mobile home or trailer
or other temporary structure
shall relieve the owner or vendor of such property of the requirement to disclose the prior existence of
such clandestine drug laboratory
.
(b) Fees may be set by the legislative rule to be charged to
persons or contractors engaged in the business of clandestine drug
laboratory remediation for certification, licensing and
notification as required in this article.
NOTE: The purpose of this bill is to provide that removal of
the structure in which a clandestine drug laboratory was situated
relieves an owner of the responsibility to disclosure of the
existence of the same.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.