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S.F. No. 0152 |
Illegal drug laboratories-remediation of buildings. |
Sponsored By: Senator(s) Fecht and Representative(s) Meyer and White
AN ACT relating to public health and safety; providing that the discovery on property of hazardous materials related to clandestine laboratory operations constitutes an incident requiring response under the Wyoming Emergency Response Act; providing for rules and regulations setting forth standards for remediation of clandestine laboratory operations; providing for reimbursement of response costs; providing for notice and time for private remediation; and providing for an effective date.
1/18/2007 Bill Number Assigned
1/19/2007 S Received for Introduction
1/19/2007 S Introduced and Referred to S07
2/2/2007 S07 Recommended Amend and Do Pass
Ayes: Senator(s) Case, Cooper, Decaria, Larson and Scott
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/2/2007 S Placed on General File
Page 1-line 15 Delete "a new subsection (d)" insert "new subsections (d) and (e)".
Page 6-line 4 After "35-9-153(h)." insert "If the owner is unable to complete the remediation within ninety (90) days, the owner may request an extension of time from the local law enforcement agency which shall grant the extension of time to complete the remediation if it finds that:
(i) The owner is making a good faith effort to remediate the property; and
(ii) The owner has a practical time schedule to complete the remediation.".
Page 6-after line 4 Insert and renumber:
"(e) If the law enforcement agency denies an extension pursuant to subsection (d) of this section, the owner may appeal to the governing body of the local law enforcement agency within fifteen (15) days of the issuance of the denial. The law enforcement agency's authority to take remediation action shall be stayed while the appeal is pending.". CASE, CHAIRMAN
2/5/2007 S Passed CoW
2/6/2007 S Passed 2nd Reading
2/7/2007 S Passed 3rd Reading
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Fecht, Geis, Hastert, Hines, Jennings, Johnson, Larson, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck
Conflicts: Senator(s) Decaria, Job and Mockler
Ayes 26 Nays 0 Excused 1 Absent 0 Conflicts 3
2/9/2007 H Received for Introduction
2/9/2007 H Introduced and Referred to H07
2/22/2007 H07 Recommended Amend and Do Pass
Ayes: Representative(s) Brown, Gentile, Gilmore, Illoway, Martin, Miller, Quarberg, Walsh and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/22/2007 H Placed on General File
SF0152HS001/ADOPTED (TO ENGROSSED COPY)
[TO ENGROSSED COPY]
Page 1-line 14 After "35-9-156" insert "(c) and".
Page 2-line 18 Delete "set" insert "establish".
Page 2-line 19 After "for" insert "protection of the safety of law enforcement personnel during clandestine laboratory"; delete "response" insert "responses"; after "and" insert "standards for".
Page 3-After line 15 Insert:
"(c) Any unusual incident involving hazardous materials or weapons of mass destruction and any incident involving a clandestine laboratory operation shall be investigated to determine if a criminal act has occurred until it is determined otherwise. To ensure preservation of evidence while mitigating the threat to life and property under this subsection, a command structure with primary command authority by the appropriate law enforcement agency shall be implemented.". ILLOWAY, CHAIRMAN
2/23/2007 H Passed CoW
SF0152H2001/FAILED (TO ENGROSSED COPY)
[TO ENGROSSED COPY]
Page 1-line 14 Delete "(intro)" insert "(i), (ii)(B) and by creating a new paragraph (iii)".
Page 4-lines 5 and 6 Delete all new language.
Page 4-After line 7 Insert:
"(i) An
act of God; or
(ii) An act or omission of a person not defined as a transporter under this act, provided that:
(B) The
potentially liable person took reasonable precautions against foreseeable acts
or omissions of any third person and the consequences that could foreseeably
result from those acts or omissions;. or
(iii) An act by a third person to establish or use a clandestine laboratory operation, provided the potentially liable owner of the property took reasonable precautions against foreseeable acts of the third person who participated in the establishment or use of the clandestine laboratory operation on the property of the owner.". SEMLEK, ALDEN
2/26/2007 H Passed 2nd Reading
SF0152H3002/ADOPTED (TO ENGROSSED COPY)
[TO ENGROSSED COPY]
Page 1-line 9 Delete "an effective date" insert "effective dates".
Page 2-line 18 After "regulation" insert "by November 1, 2007".
Page 7-line 1 Delete entirely and insert:
"Section 2.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2008.
(b) W.S. 35-9-153(h) created in section 1 of this act is effective immediately upon". MERCER, MEYER, WHITE
2/27/2007 H Failed 3rd Reading
Ayes: Representative(s) Bagby, Blake, Brown, Craft, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Goggles, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Martin, McOmie, Meyer, Millin, Petersen, Simpson, Slater, Thompson, Throne, Walsh, Warren, White and Zwonitzer, Dn.
Nays: Representative(s) Alden, Anderson, R., Berger, Brechtel, Buchanan, Childers, Cohee, Davison, Diercks, Dockstader, Edmonds, Gingery, Hallinan, Hammons, Harshman, Iekel, Jones, Lubnau, Madden, Mercer, Miller, Olsen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Steward, Teeters, Wallis and Zwonitzer, Dv.
Ayes 29 Nays 31 Excused 0 Absent 0 Conflicts 0
2/27/2007 H Reconsidered
Ayes: Representative(s) Berger, Blake, Brown, Craft, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Harvey, Iekel, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Meyer, Millin, Samuelson, Simpson, Slater, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Alden, Anderson, R., Bagby, Brechtel, Buchanan, Childers, Cohee, Davison, Diercks, Dockstader, Edmonds, Gingery, Goggles, Hallinan, Hammons, Harshman, Jones, Mercer, Miller, Olsen, Petersen, Quarberg, Semlek, Shepperson, Steward, Teeters, Thompson and Walsh
Excused: Representative(s) Philp
Ayes 31 Nays 28 Excused 1 Absent 0 Conflicts 0
2/27/2007 H Failed 3rd Reading
Ayes: Representative(s) Bagby, Blake, Brown, Craft, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Harvey, Iekel, Illoway, Jaggi, Jorgensen, Landon, Lubnau, Madden, Martin, McOmie, Meyer, Millin, Samuelson, Simpson, Slater, Thompson, Throne, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Alden, Anderson, R., Berger, Brechtel, Buchanan, Childers, Cohee, Davison, Diercks, Dockstader, Edmonds, Gingery, Goggles, Hallinan, Hammons, Harshman, Jones, Lockhart, Mercer, Miller, Olsen, Petersen, Philp, Quarberg, Semlek, Shepperson, Steward, Teeters, Wallis and Walsh
Ayes 30 Nays 30 Excused 0 Absent 0 Conflicts 0