February 8, 2023First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0496.02 Jery Payne x2157
SENATE BILL 23-148
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
C
ONCERNING PROPERTY USED TO ILLEGALLY MANUFACTURE DRUGS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, the department of public health and
environment (department) certifies people who assess, decontaminate, or
sample property that contained illegal drug laboratories. The bill adds a
requirement that the department inspect the work of each certified person
at least once every 3 years. If the department determines that a certified
person failed to perform an assessment, decontamination, or sampling
correctly, the department is directed to require the person to participate
in remedial education or, if the failure was willful and is likely to be
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. repeated, the department shall decertify the person.
The bill requires the department to create a public database of
buildings that have been used as illegal drug laboratories. A building must
be removed from the database 5 years after the property has been
decontaminated.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-18.5-102, amend2
(2)(b) as follows:3
25-18.5-102. Illegal drug laboratories - rules. (2) The board4
shall establish fees for the following:5
(b) Monitoring of persons involved in the assessment,
6
decontamination, and sampling of illegal drug laboratories, if necessary7
to ensure compliance with this article PERFORMING THE INSPECTIONS8
REQUIRED BY SECTION 25-18.5-106 (2); and9
SECTION 2. In Colorado Revised Statutes, 25-18.5-106, add (2)10
and (3) as follows:11
25-18.5-106. Powers and duties of department. (2) (a) F
OR12
EACH PERSON CERTIFIED TO ASSESS , DECONTAMINATE, OR SAMPLE13
PROPERTY THAT CONTAINED AN ILLEGAL DRUG LABORATORY , THE14
DEPARTMENT SHALL INSPECT AT LEAST ONCE EVERY THREE YEARS AT15
LEAST ONE PROPERTY THAT HAD AN ILLEGAL DRUG LABORATORY AND WAS16
ASSESSED, DECONTAMINATED, OR SAMPLED BY THE PERSON.17
(b) T
HE PURPOSE OF THE INSPECTION REQUIRED BY THIS18
SUBSECTION (2) IS TO ASSESS THE COMPETENCY OF EACH PERSON19
CERTIFIED TO ASSESS, DECONTAMINATE, OR SAMPLE ILLEGAL DRUG20
LABORATORIES. IF, AFTER AN INSPECTION, THE DEPARTMENT DETERMINES21
THAT A CERTIFIED PERSON DID NOT COMPETENTLY PERFORM AN22
ASSESSMENT, DECONTAMINATION, OR SAMPLING OF A PROPERTY THAT23
SB23-148-2- CONTAINED AN ILLEGAL DRUG LABORATORY , THE DEPARTMENT SHALL1
REQUIRE THE PERSON TO UNDERGO REMEDIAL TRAINING OR , IF THE2
DEPARTMENT DETERMINES THE LACK OF COMP ETENT PERFORMANCE IS3
WILLFUL AND LIKELY TO BE REPEATED , THE DEPARTMENT SHALL4
DECERTIFY THE PERSON.5
(3) T
HE DEPARTMENT SHALL CREATE AND MAKE AVAILABLE TO6
THE PUBLIC AN ONLINE DATABASE OF BUILDINGS THAT HAVE BEEN USED7
AS AN ILLEGAL METHAMPHETAMINE DRUG LABORATORY . THE8
DEPARTMENT SHALL REMOVE A BUILDING FROM THE DATABASE FIVE9
YEARS AFTER THE PROPERTY WAS DECONTAMINATED IN ACCORDANCE10
WITH THIS ARTICLE 18.5.11
SECTION 3. In Colorado Revised Statutes, 38-35.7-103, amend12
(4) as follows:13
38-35.7-103. Disclosure - methamphetamine laboratory. (4) If14
the seller becomes aware that the property was an illegal drug laboratory,15
and
remediates the property in accordance with the standards established16
by section 25-18.5-102, C.R.S., and receives certificates of compliance17
under section 25-18.5-102 (1)(e), C.R.S., then:18
(a) The seller shall not be IS NOT required to disclose that the19
property was used as a methamphetamine laboratory to a buyer; and20
(b) F
IVE YEARS AFTER RECEIVING THE CERTIFICATES OF21
COMPLIANCE, the property is no longer eligible for inclusion in any
22
government-sponsored informational service INCLUDED IN THE DATABASE23
listing properties that have been used for the production of24
methamphetamine
IN ACCORDANCE WITH SECTION 25-18.5-106 (3).25
SECTION 4. Act subject to petition - effective date -26
applicability. (1) This act takes effect at 12:01 a.m. on the day following27
SB23-148
-3- the expiration of the ninety-day period after final adjournment of the1
general assembly; except that, if a referendum petition is filed pursuant2
to section 1 (3) of article V of the state constitution against this act or an3
item, section, or part of this act within such period, then the act, item,4
section, or part will not take effect unless approved by the people at the5
general election to be held in November 2024 and, in such case, will take6
effect on the date of the official declaration of the vote thereon by the7
governor.8
(2) This act applies to properties decontaminated on or after the9
applicable effective date of this act.10
SB23-148
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