SENATE BILL 23-148
BY SENATOR(S) Cutter, Buckner, Coleman, Exum, Gonzales, Hansen,
Hinrichsen, Jaquez Lewis, Marchman, Moreno, Priola;
also REPRESENTATIVE(S) Lindsay, Amabile, Bird, Brown, Dickson,
Jodeh, Marshall, McCormick, Michaelson Jenet, Snyder.
C
ONCERNING PROPERTY USED TO ILLEGALLY MANUFACTURE DRUGS , AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-18.5-103, amend
(2)(a) introductory portion and (2)(a)(I) as follows:
25-18.5-103. Discovery of illegal drug laboratory - property
owner - cleanup - liability. (2) (a) Except as specified in paragraph (b) of
this subsection (2) SUBSECTION (2)(b) OF THIS SECTION, once a property
owner has received certificates of compliance from a contractor and a
consultant in accordance with section 25-18.5-102 (1)(e), or has demolished
the property, or has met the clean-up standards and documentation
requirements of this section as it existed before August 7, 2013, the property
owner:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I) Shall furnish copies of the certificates of compliance to the
governing body
AND THE DEPARTMENT; and
SECTION 2. In Colorado Revised Statutes, 25-18.5-106, add (2)
as follows:
25-18.5-106. Powers and duties of department. (2) O
N AND
AFTER
JANUARY 1, 2024, THE DEPARTMENT SHALL CREATE AND MAKE
AVAILABLE TO THE PUBLIC AN ONLINE DATABASE OF ANY RESIDENTIAL REAL
PROPERTY
, AS DEFINED IN SECTION 38-35.7-103 (5), THAT HAS BEEN USED AS
AN ILLEGAL DRUG LABORATORY INVOLVING METHAMPHETAMINE
. THE
DEPARTMENT SHALL REMOVE A RESIDENTIAL REAL PROPERTY FROM THE
DATABASE FIVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES OF
COMPLIANCE ISSUED BY A CONTRACTOR AND A CONSULTANT IN
ACCORDANCE WITH SECTION
25-18.5-102 (1)(e). EACH RESIDENTIAL REAL
PROPERTY ON THE DATABASE MUST CONTAIN A FIELD THAT IS MADE
AVAILABLE TO THE PUBLIC AND THAT RECORDS WHETHER THE PROPERTY
HAS A CERTIFICATE OF COMPLIANCE ISSUED PURSUANT TO SECTION
25-18.5-102 (1)(e).
SECTION 3. In Colorado Revised Statutes, add 25-18.5-110 as
follows:
25-18.5-110. Reporting - rules. (1)
UPON DISCOVERING AN ILLEGAL
DRUG LABORATORY INVOLVING METHAMPHETAMINE ON A RESIDENTIAL
REAL PROPERTY
, AS DEFINED IN SECTION 38-35.7-103 (5), A LAW
ENFORCEMENT AGENCY AND A CONSULTANT SHALL NOTIFY THE
DEPARTMENT OF THE FACT
. THE NOTICE MUST INCLUDE THE PROPERTY 'S
ADDRESS
, THE NAME OF THE PROPERTY OWNER , AND ANY OTHER
INFORMATION REQUIRED BY RULE ADOPTED PURSUANT TO SUBSECTION
(2)
OF THIS SECTION.
(2) T
HE BOARD MAY ADOPT RULES AS NECESSARY TO SPECIFY ANY
ADDITIONAL INFORMATION THAT MUST BE INCLUDED IN THE NOTICE
REQUIRED BY SUBSECTION
(1) OF THIS SECTION.
SECTION 4. In Colorado Revised Statutes, 38-12-505, amend
(1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIV) as follows:
38-12-505. Uninhabitable residential premises. (1) A residential
PAGE 2-SENATE BILL 23-148 premises is deemed uninhabitable if:
(b) It substantially lacks any of the following characteristics:
(XI) Locks on all exterior doors and locks or security devices on
windows designed to be opened that are maintained in good working order;
or
(XII) Compliance with all applicable building, housing, and health
codes, the violation of which would constitute a condition that materially
interferes with the life, health, or safety of the tenant;
OR
(XIV) REMEDIATION IN COMPLIANCE WITH ARTICLE 18.5 OF TITLE 25
IF THE RESIDENTIAL PREMISES WAS USED AS AN ILLEGAL DRUG LABORATORY ,
AS DEFINED IN SECTION 25-18.5-101 (8), INVOLVING METHAMPHETAMINE .
SECTION 5. In Colorado Revised Statutes, 38-35.7-103, amend
(4) and (5) as follows:
38-35.7-103. Disclosure - methamphetamine laboratory. (4) If
the seller becomes aware that the property was an illegal
METHAMPHETAMINE drug laboratory, and
remediates the property in
accordance with the standards established by PURSUANT TO section
25-18.5-102, C.R.S., and receives certificates of compliance under section
25-18.5-102 (1)(e), C.R.S., then:
(a) The seller shall not be IS NOT required to disclose that the
property was used as a methamphetamine AN ILLEGAL METHAMPHETAMINE
DRUG
laboratory to a buyer; and
(b) F
IVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES OF
COMPLIANCE ISSUED PURSUANT TO SECTION
25-18.5-102 (1)(e), the property
is no longer eligible for inclusion in any government-sponsored
informational service INCLUDED IN THE DATABASE listing properties that
have been used for the production of AS AN ILLEGAL methamphetamine
DRUG LABORATORY IN ACCORDANCE WITH SECTION 25-18.5-106 (2).
(5) For purposes of this section, "residential real property"
OR
"PROPERTY" includes a manufactured home; mobile home; condominium;
townhome; home sold by the owner, a financial institution, or the federal
PAGE 3-SENATE BILL 23-148 department of housing and urban development; rental property, including
an apartment; and short-term residence such as a motel or hotel.
SECTION 6. Appropriation. For the 2023-24 state fiscal year,
$74,516 is appropriated to the department of public health and environment
for use by the hazardous materials and waste management division. This
appropriation is from the general fund and is based on an assumption that
the division will require an additional 1.0 FTE. To implement this act, the
division may use this appropriation for program costs.
SECTION 7. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 4-SENATE BILL 23-148 (2) This act applies to residential properties on which an illegal
methamphetamine drug laboratory has been discovered on or after the
applicable effective date of this act.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 23-148