Colorado 2023 Regular Session

Colorado Senate Bill SB148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0496.02 Jery Payne x2157
1	8		SENATE BILL 23-148
2		-	BY SENATOR(S) Cutter, Buckner, Coleman, Exum, Gonzales, Hansen,
3		-	Hinrichsen, Jaquez Lewis, Marchman, Moreno, Priola;
4		-	also REPRESENTATIVE(S) Lindsay, Amabile, Bird, Brown, Dickson,
5		-	Jodeh, Marshall, McCormick, Michaelson Jenet, Snyder.
	9	+	Senate Committees House Committees
	10	+	Local Government & Housing Transportation, Housing & Local Government
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
6	14		C
7		-	ONCERNING PROPERTY USED TO ILLEGALLY MANUFACTURE DRUGS , AND,
8		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
	15	+	ONCERNING PROPERTY USED TO ILLEGALLY MANUFACTURE DRUGS ,
	16	+	101
	17	+	AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Under current law, the department of public health and
	26	+	environment (department) certifies people who assess, decontaminate, or
	27	+	sample property that contained illegal drug laboratories. The bill adds a
	28	+	requirement that the department inspect the work of each certified person
	29	+	at least once every 3 years. If the department determines that a certified
	30	+	person failed to perform an assessment, decontamination, or sampling
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	May 6, 2023
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	May 5, 2023
	37	+	SENATE
	38	+	3rd Reading Unamended
	39	+	April 24, 2023
	40	+	SENATE
	41	+	Amended 2nd Reading
	42	+	April 21, 2023
	43	+	SENATE SPONSORSHIP
	44	+	Cutter, Buckner, Coleman, Exum, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Marchman,
	45	+	Moreno, Priola
	46	+	HOUSE SPONSORSHIP
	47	+	Lindsay, Amabile, Bird, Brown, Dickson, Jodeh, Marshall, McCormick, Michaelson Jenet,
	48	+	Snyder
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. correctly, the department is directed to require the person to participate
	52	+	in remedial education or, if the failure was willful and is likely to be
	53	+	repeated, the department shall decertify the person.
	54	+	The bill requires the department to create a public database of
	55	+	buildings that have been used as illegal drug laboratories. A building must
	56	+	be removed from the database 5 years after the property has been
	57	+	decontaminated.
	58	+	Be it enacted by the General Assembly of the State of Colorado:1
11	59		SECTION 1. In Colorado Revised Statutes, 25-18.5-103, amend
12		-	(2)(a) introductory portion and (2)(a)(I) as follows:
13		-	25-18.5-103. Discovery of illegal drug laboratory - property
14		-	owner - cleanup - liability. (2) (a) Except as specified in paragraph (b) of
15		-	this subsection (2) SUBSECTION (2)(b) OF THIS SECTION, once a property
16		-	owner has received certificates of compliance from a contractor and a
17		-	consultant in accordance with section 25-18.5-102 (1)(e), or has demolished
18		-	the property, or has met the clean-up standards and documentation
19		-	requirements of this section as it existed before August 7, 2013, the property
20		-	owner:
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (I) Shall furnish copies of the certificates of compliance to the
	60	+	2
	61	+	(2)(a) introductory portion and (2)(a)(I) as follows:3
	62	+	25-18.5-103. Discovery of illegal drug laboratory - property4
	63	+	owner - cleanup - liability. (2) (a) Except as specified in paragraph (b)5
	64	+	of this subsection (2) SUBSECTION (2)(b) OF THIS SECTION, once a property6
	65	+	owner has received certificates of compliance from a contractor and a7
	66	+	consultant in accordance with section 25-18.5-102 (1)(e), or has8
	67	+	demolished the property, or has met the clean-up standards and9
	68	+	documentation requirements of this section as it existed before August 7,10
	69	+	2013, the property owner:11
	70	+	(I) Shall furnish copies of the certificates of compliance to the12
29	71		governing body
30	72		AND THE DEPARTMENT; and
31		-	SECTION 2. In Colorado Revised Statutes, 25-18.5-106, add (2)
32		-	as follows:
	73	+	13
	74	+	SECTION 2. In Colorado Revised Statutes, 25-18.5-106, add (2)14
	75	+	as follows:15
33	76		25-18.5-106. Powers and duties of department. (2) O
34	77		N AND
35		-	AFTER
36		-	JANUARY 1, 2024, THE DEPARTMENT SHALL CREATE AND MAKE
37		-	AVAILABLE TO THE PUBLIC AN ONLINE DATABASE OF ANY RESIDENTIAL REAL
38		-	PROPERTY
39		-	, AS DEFINED IN SECTION 38-35.7-103 (5), THAT HAS BEEN USED AS
40		-	AN ILLEGAL DRUG LABORATORY INVOLVING METHAMPHETAMINE
41		-	. THE
42		-	DEPARTMENT SHALL REMOVE A RESIDENTIAL REAL PROPERTY FROM THE
43		-	DATABASE FIVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES OF
44		-	COMPLIANCE ISSUED BY A CONTRACTOR AND A CONSULTANT IN
45		-	ACCORDANCE WITH SECTION
46		-	25-18.5-102 (1)(e). EACH RESIDENTIAL REAL
47		-	PROPERTY ON THE DATABASE MUST CONTAIN A FIELD THAT IS MADE
48		-	AVAILABLE TO THE PUBLIC AND THAT RECORDS WHETHER THE PROPERTY
49		-	HAS A CERTIFICATE OF COMPLIANCE ISSUED PURSUANT TO SECTION
50		-	25-18.5-102 (1)(e).
51		-	SECTION 3. In Colorado Revised Statutes, add 25-18.5-110 as
52		-	follows:
53		-	25-18.5-110. Reporting - rules. (1)
54		-	UPON DISCOVERING AN ILLEGAL
55		-	DRUG LABORATORY INVOLVING METHAMPHETAMINE ON A RESIDENTIAL
56		-	REAL PROPERTY
57		-	, AS DEFINED IN SECTION 38-35.7-103 (5), A LAW
58		-	ENFORCEMENT AGENCY AND A CONSULTANT SHALL NOTIFY THE
59		-	DEPARTMENT OF THE FACT
60		-	. THE NOTICE MUST INCLUDE THE PROPERTY 'S
61		-	ADDRESS
62		-	, THE NAME OF THE PROPERTY OWNER , AND ANY OTHER
63		-	INFORMATION REQUIRED BY RULE ADOPTED PURSUANT TO SUBSECTION
64		-	(2)
65		-	OF THIS SECTION.
	78	+	16
	79	+	AFTER JANUARY 1, 2024, THE DEPARTMENT SHALL CREATE AND MAKE17
	80	+	AVAILABLE TO THE PUBLIC AN ONLINE DATABASE OF ANY RESIDENTIAL18
	81	+	REAL PROPERTY, AS DEFINED IN SECTION 38-35.7-103 (5), THAT HAS BEEN19
	82	+	USED AS AN ILLEGAL DRUG LABORATORY INVOLVING METHAMPHETAMINE .20
	83	+	T
	84	+	HE DEPARTMENT SHALL REMOVE A RESIDENTIAL REAL PROPERTY FROM
	85	+	21
	86	+	THE DATABASE FIVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES22
	87	+	148-2- OF COMPLIANCE ISSUED BY A CONTRACTOR AND A CONSULTANT IN1
	88	+	ACCORDANCE WITH SECTION 25-18.5-102 (1)(e). EACH RESIDENTIAL REAL2
	89	+	PROPERTY ON THE DATABASE MUST CONTAIN A FIELD THAT IS MADE3
	90	+	AVAILABLE TO THE PUBLIC AND THAT RECORDS WHETHER THE PROPERTY4
	91	+	HAS A CERTIFICATE OF COMPLIANCE ISSUED PURSUANT TO SECTION5
	92	+	25-18.5-102 (1)(e).6
	93	+	SECTION 3. In Colorado Revised Statutes, add 25-18.5-110 as7
	94	+	follows:8
	95	+	25-18.5-110. Reporting - rules. (1) U
	96	+	PON DISCOVERING AN
	97	+	9
	98	+	ILLEGAL DRUG LABORATORY INVOLVING METHAMPHETAMINE ON A10
	99	+	RESIDENTIAL REAL PROPERTY, AS DEFINED IN SECTION 38-35.7-103 (5), A11
	100	+	LAW ENFORCEMENT AGENCY AND A CONSULTANT SHALL NOTIFY THE12
	101	+	DEPARTMENT OF THE FACT. THE NOTICE MUST INCLUDE THE PROPERTY 'S13
	102	+	ADDRESS, THE NAME OF THE PROPERTY OWNER , AND ANY OTHER14
	103	+	INFORMATION REQUIRED BY RULE ADOPTED PURSUANT TO SUBSECTION (2)15
	104	+	OF THIS SECTION.16
66	105		(2) T
67	106		HE BOARD MAY ADOPT RULES AS NECESSARY TO SPECIFY ANY
68		-	ADDITIONAL INFORMATION THAT MUST BE INCLUDED IN THE NOTICE
69		-	REQUIRED BY SUBSECTION
70		-	(1) OF THIS SECTION.
71		-	SECTION 4. In Colorado Revised Statutes, 38-12-505, amend
72		-	(1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIV) as follows:
73		-	38-12-505. Uninhabitable residential premises. (1) A residential
74		-	PAGE 2-SENATE BILL 23-148 premises is deemed uninhabitable if:
75		-	(b) It substantially lacks any of the following characteristics:
76		-	(XI) Locks on all exterior doors and locks or security devices on
77		-	windows designed to be opened that are maintained in good working order;
78		-	or
79		-	(XII) Compliance with all applicable building, housing, and health
80		-	codes, the violation of which would constitute a condition that materially
	107	+	17
	108	+	ADDITIONAL INFORMATION THAT MUST BE INCLUDED IN THE NOTICE18
	109	+	REQUIRED BY SUBSECTION (1) OF THIS SECTION.19
	110	+	SECTION 4. In Colorado Revised Statutes, 38-12-505, amend20
	111	+	(1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIII) as follows:21
	112	+	38-12-505. Uninhabitable residential premises. (1) A22
	113	+	residential premises is deemed uninhabitable if:23
	114	+	(b) It substantially lacks any of the following characteristics:24
	115	+	(XI) Locks on all exterior doors and locks or security devices on25
	116	+	windows designed to be opened that are maintained in good working26
	117	+	order; or27
	118	+	148
	119	+	-3- (XII) Compliance with all applicable building, housing, and health1
	120	+	codes, the violation of which would constitute a condition that materially2
81	121		interferes with the life, health, or safety of the tenant;
82	122		OR
83		-	(XIV) REMEDIATION IN COMPLIANCE WITH ARTICLE 18.5 OF TITLE 25
84		-	IF THE RESIDENTIAL PREMISES WAS USED AS AN ILLEGAL DRUG LABORATORY ,
85		-	AS DEFINED IN SECTION 25-18.5-101 (8), INVOLVING METHAMPHETAMINE .
86		-	SECTION 5. In Colorado Revised Statutes, 38-35.7-103, amend
87		-	(4) and (5) as follows:
88		-	38-35.7-103. Disclosure - methamphetamine laboratory. (4) If
89		-	the seller becomes aware that the property was an illegal
90		-	METHAMPHETAMINE drug laboratory, and
91		-	remediates the property in
92		-	accordance with the standards established by PURSUANT TO section
93		-	25-18.5-102, C.R.S., and receives certificates of compliance under section
94		-	25-18.5-102 (1)(e), C.R.S., then:
95		-	(a) The seller shall not be IS NOT required to disclose that the
96		-	property was used as a methamphetamine AN ILLEGAL METHAMPHETAMINE
97		-	DRUG
98		-	laboratory to a buyer; and
	123	+	3
	124	+	(XIII) R
	125	+	EMEDIATION IN COMPLIANCE WITH ARTICLE 18.5 OF TITLE
	126	+	4
	127	+	25
	128	+	IF THE RESIDENTIAL PREMISES WAS USED AS AN ILLEGAL DRUG
	129	+	5
	130	+	LABORATORY, AS DEFINED IN SECTION 25-18.5-101 (8), INVOLVING6
	131	+	METHAMPHETAMINE .7
	132	+	SECTION 5. In Colorado Revised Statutes, 38-35.7-103, amend8
	133	+	(4) and (5) as follows:9
	134	+	38-35.7-103. Disclosure - methamphetamine laboratory. (4) If10
	135	+	the seller becomes aware that the property was an illegal11
	136	+	METHAMPHETAMINE drug laboratory, and remediates the property in12
	137	+	accordance with the standards established by PURSUANT TO section13
	138	+	25-18.5-102, C.R.S., and receives certificates of compliance under14
	139	+	section 25-18.5-102 (1)(e), C.R.S., then:15
	140	+	(a) The seller shall not be IS NOT required to disclose that the16
	141	+	property was used as a methamphetamine AN ILLEGAL17
	142	+	METHAMPHETAMINE DRUG laboratory to a buyer; and18
99	143		(b) F
100	144		IVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES OF
101		-	~~COMPLIANCE ISSUED PURSUANT TO SECTION~~
102		-	25-18.5-102 (1)(e), ~~the property~~
103		-	is no longer eligible for inclusion in any government-~~sponsored~~
104		-	informational service INCLUDED IN THE DATABASE listing properties ~~that~~
105		-	have been used for the production of AS AN ILLEGAL ~~methamphetamine~~
106		-	DRUG LABORATORY IN ACCORDANCE WITH SECTION 25-18.5-106 (2).
	145	+	19
	146	+	COMPLIANCE ISSUED PURSUANT TO SECTION 25-18.5-102 (1)(e), the20
	147	+	property is no longer eligible for inclusion in any government-sponsored21
	148	+	informational service INCLUDED IN THE DATABASE listing properties that22
	149	+	have been used for the production of AS AN ILLEGAL methamphetamine23
	150	+	DRUG LABORATORY IN ACCORDANCE WITH SECTION 25-18.5-106 (2).24
107	151		(5) For purposes of this section, "residential real property"
108	152		OR
109		-	"PROPERTY" includes a manufactured home; mobile home; condominium;
110		-	townhome; home sold by the owner, a financial institution, or the federal
111		-	PAGE 3-SENATE BILL 23-148 department of housing and urban development; rental property, including
112		-	an apartment; and short-term residence such as a motel or hotel.
113		-	SECTION 6. Appropriation. For the 2023-24 state fiscal year,
114		-	$74,516 is appropriated to the department of public health and environment
115		-	for use by the hazardous materials and waste management division. This
116		-	appropriation is from the general fund and is based on an assumption that
117		-	the division will require an additional 1.0 FTE. To implement this act, the
118		-	division may use this appropriation for program costs.
119		-	SECTION 7. Act subject to petition - effective date -
120		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
121		-	the expiration of the ninety-day period after final adjournment of the
122		-	general assembly; except that, if a referendum petition is filed pursuant to
123		-	section 1 (3) of article V of the state constitution against this act or an item,
124		-	section, or part of this act within such period, then the act, item, section, or
125		-	part will not take effect unless approved by the people at the general
126		-	election to be held in November 2024 and, in such case, will take effect on
127		-	the date of the official declaration of the vote thereon by the governor.
128		-	PAGE 4-SENATE BILL 23-148 (2) This act applies to residential properties on which an illegal
129		-	methamphetamine drug laboratory has been discovered on or after the
130		-	applicable effective date of this act.
131		-	____________________________ ____________________________
132		-	Steve Fenberg Julie McCluskie
133		-	PRESIDENT OF SPEAKER OF THE HOUSE
134		-	THE SENATE OF REPRESENTATIVES
135		-	____________________________ ____________________________
136		-	Cindi L. Markwell Robin Jones
137		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
138		-	THE SENATE OF REPRESENTATIVES
139		-	APPROVED________________________________________
140		-	(Date and Time)
141		-	_________________________________________
142		-	Jared S. Polis
143		-	GOVERNOR OF THE STATE OF COLORADO
144		-	PAGE 5-SENATE BILL 23-148
	153	+	25
	154	+	"
	155	+	PROPERTY" includes a manufactured home; mobile home; condominium;
	156	+	26
	157	+	townhome; home sold by the owner, a financial institution, or the federal27
	158	+	148
	159	+	-4- department of housing and urban development; rental property, including1
	160	+	an apartment; and short-term residence such as a motel or hotel.2
	161	+	SECTION 6. Appropriation. For the 2023-24 state fiscal year,3
	162	+	$74,516 is appropriated to the department of public health and4
	163	+	environment for use by the hazardous materials and waste management5
	164	+	division. This appropriation is from the general fund and is based on an6
	165	+	assumption that the division will require an additional 1.0 FTE. To7
	166	+	implement this act, the division may use this appropriation for program8
	167	+	costs.9
	168	+	SECTION 7. Act subject to petition - effective date -10
	169	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following11
	170	+	the expiration of the ninety-day period after final adjournment of the12
	171	+	general assembly; except that, if a referendum petition is filed pursuant13
	172	+	to section 1 (3) of article V of the state constitution against this act or an14
	173	+	item, section, or part of this act within such period, then the act, item,15
	174	+	section, or part will not take effect unless approved by the people at the16
	175	+	general election to be held in November 2024 and, in such case, will take17
	176	+	effect on the date of the official declaration of the vote thereon by the18
	177	+	governor.19
	178	+	(2) This act applies to residential properties on which an illegal20
	179	+	methamphetamine drug laboratory has been discovered on or after the21
	180	+	applicable effective date of this act.22
	181	+	148
	182	+	-5-