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S1122aaH.............................................by JUDICIARY AND RULES
CLANDESTINE DRUG LABORATORY CLEANUP ACT - Adds to existing law to set forth
the "Clandestine Drug Laboratory Cleanup Act;" to define terms; to require
the promulgation of rules; to set forth law enforcement responsibilities;
to set forth cleanup responsibilities of residential property owners; to
provide for immunity; and to provide for voluntary compliance.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Broadsword, Bunderson, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt, Burkett, Gannon, Noble
Floor Sponsors - Darrington & Kelly
Title apvd - to House
02/24 House intro - 1st rdg - to Jud
03/10 Rpt out - to Gen Ord
03/14 Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 62-2-6
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smylie, Snodgrass,
Stevenson, Trail, Wills
NAYS -- McKague, Schaefer
Absent and excused -- Barrett, Raybould, Smith(30), Smith(24), Wood,
Mr. Speaker
Floor Sponsor - Field(18)
Title apvd - to Senate
03/18 Senate concurred in House amens - to engros
03/21 Rpt engros - 1st rdg - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/23 3rd rdg as amen - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Darrington
Title apvd - to enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/25 To Governor
03/31 Governor signed
Session Law Chapter 215
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1122
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CLANDESTINE DRUG LABORATORY CLEANUP; AMENDING TITLE 6, IDAHO CODE,
3 BY THE ADDITION OF A NEW CHAPTER 26, TITLE 6, IDAHO CODE, TO PROVIDE A
4 SHORT TITLE, TO SET FORTH THE PURPOSE OF THE CLANDESTINE DRUG LABORATORY
5 CLEANUP ACT, TO DEFINE TERMS, TO REQUIRE THE PROMULGATION OF RULES, TO SET
6 FORTH LAW ENFORCEMENT AGENCY RESPONSIBILITIES, TO SET FORTH CLEANUP
7 RESPONSIBILITIES OF RESIDENTIAL PROPERTY OWNERS, TO PROVIDE FOR IMMUNITY
8 AND TO PROVIDE FOR VOLUNTARY COMPLIANCE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 26, Title 6, Idaho Code, and to read as follows:
13 CHAPTER 26
14 CLANDESTINE DRUG LABORATORY CLEANUP ACT
15 6-2601. SHORT TITLE. This chapter shall be known and may be cited as the
16 "Clandestine Drug Laboratory Cleanup Act."
17 6-2602. PURPOSE. The legislature finds that some residential properties
18 are being contaminated with hazardous chemical residues created by the manu-
19 facture of clandestine drugs. Innocent members of the public may be harmed
20 when they are exposed to chemical residues if the residential properties are
21 not decontaminated prior to any subsequent rental, sale or use of the proper-
22 ties. The purpose of this chapter is to protect the public health, safety and
23 welfare by authorizing the department of health and welfare to establish a
24 program providing a process and standards for the cleanup of clandestine drug
25 laboratories.
26 6-2603. DEFINITIONS. As used in this chapter, unless the context other-
27 wise requires:
28 (1) "Clandestine drug laboratory" means the areas where controlled sub-
29 stances or their immediate precursors, as those terms are defined in section
30 37-2701, Idaho Code, have been, or were attempted to be, manufactured, proc-
31 essed, cooked, disposed of or stored, and all proximate areas that are likely
32 to be contaminated as a result of such manufacturing, processing, cooking,
33 disposing or storing.
34 (2) "Department" means the Idaho department of health and welfare.
35 (3) "Law enforcement agency" means any policing agency of the state or of
36 any political subdivision of the state.
37 (4) "Residential property" means any building or structure to be primar-
38 ily occupied by people, either as a dwelling or as a business, including a
39 storage facility, mobile home, manufactured home or recreational vehicle that
40 may be sold, leased or rented for any length of time. "Residential property"
2
1 does not include any water system, sewer system, land or water outside of a
2 building or structure.
3 (5) "Residential property owner" means the person holding record title to
4 residential property, as defined in this section.
5 6-2604. RULES. The department shall promulgate rules establishing the
6 acceptable process and standards for the cleanup of clandestine drug laborato-
7 ries. The department shall also promulgate rules establishing a program for
8 addition to, and removal from, a list of residential properties that housed a
9 clandestine drug laboratory.
10 6-2605. LAW ENFORCEMENT AGENCY RESPONSIBILITY. Following the adoption of
11 rules pursuant to section 6-2604, Idaho Code, and using a format established
12 by the department, a law enforcement agency, upon locating chemicals, equip-
13 ment, supplies or immediate precursors indicative of a clandestine drug labo-
14 ratory on a residential property, shall notify the residential property owner
15 and the department.
16 6-2606. RESIDENTIAL PROPERTY OWNER CLEANUP RESPONSIBILITY. (1) Except as
17 otherwise provided in subsection (2) of this section, upon notification to a
18 residential property owner by a law enforcement agency that chemicals, equip-
19 ment, supplies or immediate precursors indicative of a clandestine drug labo-
20 ratory have been located on the owner's residential property, the residential
21 property owner shall meet the cleanup standards established by the department.
22 The residential property shall remain vacant from the time the residential
23 property owner is notified of the clandestine drug laboratory until such time
24 as the residential property owner has received a certificate issued by the
25 department evidencing that the cleanup standards have been met.
26 (2) A residential property owner may, at his or her option, elect to
27 demolish the residential property instead of meeting the cleanup standards
28 established by the department.
29 6-2607. RESIDENTIAL PROPERTY OWNER IMMUNITY. Once a residential property
30 meets the cleanup standards established by the department pursuant to this
31 chapter, the residential property owner and any representative or agent of the
32 residential property owner shall be immune from civil actions involving health
33 claims brought by any future owner, renter or other person who occupies the
34 residential property, and by any neighbor of such residential property, where
35 the alleged cause of injury or loss is based upon the use of the residential
36 property for the purposes of a clandestine drug laboratory, provided however,
37 that such immunity shall not apply to any person alleged to have produced the
38 clandestine drugs.
39 6-2608. VOLUNTARY COMPLIANCE. Any residential property owner who chooses
40 to voluntarily and successfully accomplish the cleanup standards established
41 by the department, whether or not such owner was notified by a law enforcement
42 agency, shall be afforded the protections from civil actions provided in sec-
43 tion 6-2607, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Field (18)
Seconded by Smith (24)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1122
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 17, following "section," insert:
3 "and pursuant to rules adopted as provided in this chapter,"; in line 23, fol-
4 lowing "notified" insert: ", in accordance with rules adopted as provided in
5 this chapter,"; in line 30, following "pursuant to" insert: "rules adopted as
6 provided in"; and in line 41, following "department" insert: "pursuant to
7 rules adopted as provided in this chapter".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1122, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CLANDESTINE DRUG LABORATORY CLEANUP; AMENDING TITLE 6, IDAHO CODE,
3 BY THE ADDITION OF A NEW CHAPTER 26, TITLE 6, IDAHO CODE, TO PROVIDE A
4 SHORT TITLE, TO SET FORTH THE PURPOSE OF THE CLANDESTINE DRUG LABORATORY
5 CLEANUP ACT, TO DEFINE TERMS, TO REQUIRE THE PROMULGATION OF RULES, TO SET
6 FORTH LAW ENFORCEMENT AGENCY RESPONSIBILITIES, TO SET FORTH CLEANUP
7 RESPONSIBILITIES OF RESIDENTIAL PROPERTY OWNERS, TO PROVIDE FOR IMMUNITY
8 AND TO PROVIDE FOR VOLUNTARY COMPLIANCE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Title 6, Idaho Code, be, and the same is hereby amended
11 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
12 ter 26, Title 6, Idaho Code, and to read as follows:
13 CHAPTER 26
14 CLANDESTINE DRUG LABORATORY CLEANUP ACT
15 6-2601. SHORT TITLE. This chapter shall be known and may be cited as the
16 "Clandestine Drug Laboratory Cleanup Act."
17 6-2602. PURPOSE. The legislature finds that some residential properties
18 are being contaminated with hazardous chemical residues created by the manu-
19 facture of clandestine drugs. Innocent members of the public may be harmed
20 when they are exposed to chemical residues if the residential properties are
21 not decontaminated prior to any subsequent rental, sale or use of the proper-
22 ties. The purpose of this chapter is to protect the public health, safety and
23 welfare by authorizing the department of health and welfare to establish a
24 program providing a process and standards for the cleanup of clandestine drug
25 laboratories.
26 6-2603. DEFINITIONS. As used in this chapter, unless the context other-
27 wise requires:
28 (1) "Clandestine drug laboratory" means the areas where controlled sub-
29 stances or their immediate precursors, as those terms are defined in section
30 37-2701, Idaho Code, have been, or were attempted to be, manufactured, proc-
31 essed, cooked, disposed of or stored, and all proximate areas that are likely
32 to be contaminated as a result of such manufacturing, processing, cooking,
33 disposing or storing.
34 (2) "Department" means the Idaho department of health and welfare.
35 (3) "Law enforcement agency" means any policing agency of the state or of
36 any political subdivision of the state.
37 (4) "Residential property" means any building or structure to be primar-
38 ily occupied by people, either as a dwelling or as a business, including a
39 storage facility, mobile home, manufactured home or recreational vehicle that
40 may be sold, leased or rented for any length of time. "Residential property"
2
1 does not include any water system, sewer system, land or water outside of a
2 building or structure.
3 (5) "Residential property owner" means the person holding record title to
4 residential property, as defined in this section.
5 6-2604. RULES. The department shall promulgate rules establishing the
6 acceptable process and standards for the cleanup of clandestine drug laborato-
7 ries. The department shall also promulgate rules establishing a program for
8 addition to, and removal from, a list of residential properties that housed a
9 clandestine drug laboratory.
10 6-2605. LAW ENFORCEMENT AGENCY RESPONSIBILITY. Following the adoption of
11 rules pursuant to section 6-2604, Idaho Code, and using a format established
12 by the department, a law enforcement agency, upon locating chemicals, equip-
13 ment, supplies or immediate precursors indicative of a clandestine drug labo-
14 ratory on a residential property, shall notify the residential property owner
15 and the department.
16 6-2606. RESIDENTIAL PROPERTY OWNER CLEANUP RESPONSIBILITY. (1) Except as
17 otherwise provided in subsection (2) of this section, and pursuant to rules
18 adopted as provided in this chapter, upon notification to a residential prop-
19 erty owner by a law enforcement agency that chemicals, equipment, supplies or
20 immediate precursors indicative of a clandestine drug laboratory have been
21 located on the owner's residential property, the residential property owner
22 shall meet the cleanup standards established by the department. The residen-
23 tial property shall remain vacant from the time the residential property owner
24 is notified, in accordance with rules adopted as provided in this chapter, of
25 the clandestine drug laboratory until such time as the residential property
26 owner has received a certificate issued by the department evidencing that the
27 cleanup standards have been met.
28 (2) A residential property owner may, at his or her option, elect to
29 demolish the residential property instead of meeting the cleanup standards
30 established by the department.
31 6-2607. RESIDENTIAL PROPERTY OWNER IMMUNITY. Once a residential property
32 meets the cleanup standards established by the department pursuant to rules
33 adopted as provided in this chapter, the residential property owner and any
34 representative or agent of the residential property owner shall be immune from
35 civil actions involving health claims brought by any future owner, renter or
36 other person who occupies the residential property, and by any neighbor of
37 such residential property, where the alleged cause of injury or loss is based
38 upon the use of the residential property for the purposes of a clandestine
39 drug laboratory, provided however, that such immunity shall not apply to any
40 person alleged to have produced the clandestine drugs.
41 6-2608. VOLUNTARY COMPLIANCE. Any residential property owner who chooses
42 to voluntarily and successfully accomplish the cleanup standards established
43 by the department pursuant to rules adopted as provided in this chapter,
44 whether or not such owner was notified by a law enforcement agency, shall be
45 afforded the protections from civil actions provided in section 6-2607, Idaho
46 Code.
STATEMENT OF PURPOSE
RS 14915
The purpose of this legislation is to establish a
program providing for a clandestine drug laboratory
cleanup process and standard. The legislation
directs the Department of Health and Welfare to
create standards and a process for cleaning up
clandestine laboratories, and to create a tracking
system whereby an affected residential property can
be added to, and removed from, the system. The law
enforcement agency that discovers the clandestine
lab will be charged with notifying the residential
property owner and the Department. Once the
residential property has met the cleanup standards
defined by Department, no health-based claim may be
filed against the owner of the property for impacts
resulting from the clandestine laboratory.
FISCAL NOTE
The Department of Health and Welfare will oversee
the implementation of this legislation. Costs
would include salary and benefits as well as travel
and operating expenses. Total cost would be
$78,000 to the General Fund.
CONTACT:
Name: Senator Denton Darrington
Phone: 208-332-1000
Name: Representative Debbie Field
Phone: 208-332-1000
Name: Megan Ronk, Office of the Governor
Phone: 208-334-2100
Name: John Eaton, Idaho Association of REALTORS
Phone: 208-342-3585
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STATEMENT OF PURPOSE/FISCAL NOTE S 1122