H.B. No. 0224

Illegal drug laboratories.

 

Sponsored By:                    Representative(s) Harvey, Berger, Hastert, Hinckley and Iekel and Senator(s) Barrasso, Coe and Decaria

 

AN ACT relating to illegal drug laboratories; providing for the creation of an environmental health program within the department of health; providing for identification of contaminated property; providing for testing and property closure by the department of health as specified; providing for remediation of contaminated property by the property owner or department of health; providing for recovery of remediation costs; providing for notice to affected persons; providing for a registry of contaminated property; granting rulemaking authority; providing criminal penalties; authorizing positions; providing an appropriation; and providing for an effective date.

 

1/14/2005               Bill Number Assigned

1/17/2005               H Received for Introduction

1/18/2005               H Introduced and Referred to H10

2/2/2005 H10 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Barnard, Harvey, Hastert, Iekel, Martin, Morgan and Osborn

Nays:  Representative(s) Brechtel

Excused:  Representative(s) Jackson

Ayes 7    Nays 1    Excused 1    Absent 0    Conflicts 0

 

2/2/2005 H Placed on General File

2/2/2005 H Rereferred to H02

2/4/2005 H02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Berger, Jones, Jorgensen, Meuli, Petersen, Philp, Simpson and Warren

Ayes 8    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/4/2005 H Placed on General File

 

HB0224HS001/ADOPTED

Page 2-line 14                          After "levels" delete balance of line.

Page 2-line 15                          Delete "animals" insert "which exceed standards established in accordance with W.S. 35-29-105".

Page 3-line 13                          After "chemicals" insert "for use in the unauthorized manufacture".

Page 3-lines 20 through 24       Delete entirely.

Page 4-lines 1 and 2                 Delete entirely and insert "A law enforcement agency conducting an investigation concerning an illegal drug laboratory shall secure the property as authorized by court orders or search warrants.  The law enforcement agency shall notify the department of health of the existence of an illegal drug laboratory, hazardous chemicals or other public safety concerns in the manner prescribed by department rule and regulation.".

Page 7-line 2                            Delete "tests free of".

Page 7-line 3                            Delete "contamination" insert "meets standards established under W.S. 35-29-105".

Page 8-line 5                            Delete "and remediation".

Page 8-line 17                          Delete "(iv)" insert "(v)".

Page 9-line 14                          Delete "." insert ";".

Page 9-After line 14                 Insert:

"(v)  Any person who conspires to distribute or purchase illegal drugs manufactured on the owner's contaminated property.".

Page 9-line 17                          Delete "twenty-one (21)" insert "ninety (90)".

Page 10-line 5                          After "(iii)" delete balance of line.

Page 10-line 6                          Delete the line through "43.1-9-501" and insert "Following a notice and opportunity for a hearing, file a notice of lien for real property and for personal property with the office of the county clerk in the county in which the property is located".  OSBORN, CHAIRMAN

 

HB0224HS002/ADOPTED

Page 1-line 11                          After "penalties;" delete balance of the line.

Page 1-line 12                          Delete "appropriation;".

Page 13-lines 14 through 23     Delete entirely.

Page 14-line 1                          Delete "4" insert "3".  PHILP, CHAIRMAN

 

HB0224HW001/FAILED

Delete the second standing committee amendment (HB0244HS002/A) entirely.

Further amend as follows:

Page 13-line 17                        Delete "general fund" insert "tobacco trust fund income account created by W.S. 9-4-1203(b)".  HARVEY

 

2/7/2005 H Passed CoW

2/8/2005 H Passed 2nd Reading

2/9/2005 H Failed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Bagby, Barnard, Berger, Cohee, Davison, Edwards, Esquibel, Gay, Harvey, Hastert, Hinckley, Iekel, Jackson, Martin, Osborn, Powers, Robinson, Thompson, Wasserburger, Watt and Zwonitzer.

Nays:  Representative(s) Alden, Anderson, R., Brechtel, Brown, Buchanan, Bucholz, Childers, Diercks, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Illoway, Jones, Landon, Latta, Lockhart, Lubnau, Luthi, McOmie, Meuli, Miller, Morgan, Olsen, Pedersen, Petersen, Philp, Quarberg, Reese, Samuelson, Semlek, Simpson, Slater, Walsh, Warren and White.

Excused:  Representative(s) Jorgensen

Ayes 21    Nays 38    Excused 1    Absent 0    Conflicts 0