Chapter 861 Oregon Laws 1999

Session Law

AN ACT

HB 2173

Relating to illegal drug manufacturing; creating new provisions; and amending ORS 453.858, 453.861, 453.873, 453.876, 453.885, 453.894 and 453.909.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 453.858 is amended to read:

453.858. As used in ORS [105.555, 431.175 and] 453.855 to 453.912:

(1) "Controlled substance" does not include marijuana.

[(1)] (2) "Illegal drug manufacturing site" means any property on which there is a reasonably clear possibility of contamination with chemicals associated with the manufacturing of controlled substances and:

(a) Where activity involving the unauthorized manufacture of a controlled substance listed on Schedules I and II[, excluding marijuana,] or any precursor chemical for such substances[,] occurs; or

(b) [or any property] Wherein are kept, stored or located any of the devices, equipment, things or substances used for the unauthorized manufacture of [such] a controlled substance listed on Schedules I and II.

[(2)] (3) "Property" means any [house or an apartment, unit, room or shop within a building, or any boat, trailer, motor vehicle, manufactured dwelling, booth or garden]:

(a) Real property, improvements on real property or portions of the improvements;

(b) Boat, trailer, motor vehicle or manufactured dwelling; or

(c) Contents of the items listed in paragraph (a) or (b) of this subsection.

SECTION 2. ORS 453.876 is amended to read:

453.876. (1) The Assistant Director for Health or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Health Division and may make that determination on site. The determination is effective immediately and renders the property not fit for use.

(2) The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court.

(3) The appeal to the agency is not a contested case under ORS 183.310 to 183.550. [If there are reasonable grounds for making the determination that the property is not fit for use, the owner has the burden of showing that the property is or has been decontaminated and is fit for use.] The question on appeal is limited to whether the site is an illegal drug manufacturing site.

SECTION 3. ORS 453.885 is amended to read:

453.885. (1) The owner of property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires to have the property certified as fit for use [must] may use the services of a contractor licensed by the Health Division to decontaminate the property or, upon approval by the division, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the Health Division. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the division shall certify the property as having been decontaminated in compliance with rules of the Health Division. Upon the completion of the work plan, the division [may] shall require the licensed contractor's affidavit of compliance with the approved work plan.

(2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. [The division shall not issue the certificate if the work was not performed by a contractor licensed under ORS 105.555, 431.175 and 453.855 to 453.912 and under the supervision of personnel who have satisfactorily completed a training course under ORS 453.888.] No person who is not licensed by the Health Division under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise[, offer to undertake or] to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912.

(3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list.

SECTION 4. ORS 453.861 is amended to read:

453.861. The provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any property [described in ORS 453.858 (2)] that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and 453.855 to 453.912 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items.

SECTION 5. ORS 453.873 is amended to read:

453.873. For the purposes of enforcement of ORS 105.555, 431.175 and 453.855 to 453.912, the Assistant Director for Health or a designee thereof or the State Fire Marshal or a designee thereof, upon presenting appropriate credentials and a warrant, if necessary, issued under ORS 431.175 to the owner or agent of the owner, may:

(1) Enter, at reasonable times, any property [described in ORS 453.858 (2)] that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site.

(2) Inspect, at reasonable times, within reasonable limits and in a reasonable manner, property known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe the property has been used as an illegal drug manufacturing site.

SECTION 6. ORS 453.909 is amended to read:

453.909. Counties and cities by ordinance may prohibit use or occupancy of or provide for regulation of any property [described in ORS 453.858 (2)] so long as such prohibition or regulation is consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Health Division.

SECTION 7. (1) In addition to any other liability or penalty provided by law, the Health Division may impose a civil penalty on a person for violation of ORS 453.885.

(2) A civil penalty imposed under this section may not exceed $2,000.

(3) ORS 183.090 applies to civil penalties imposed under this section.

SECTION 8. ORS 453.894 is amended to read:

453.894. (1) The Health Division shall establish by rule a schedule of fees for at least the following:

(a) Initial licenses and renewal under ORS 105.555, 431.175 and 453.855 to 453.912.

(b) Training courses and examinations conducted by or on behalf of the division.

(d) Review of work plans.

(2) The fees established under subsection (1) of this section shall be based upon the costs of the division in carrying out the provisions of ORS 105.555, 431.175 and 453.855 to 453.912.

(3) If a license renewal application and fee is not received by the division within 15 days after the expiration of the license, a penalty of [50 percent of the license fee] $100 shall be added and collected.

(4) The fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Health Division Account. Such moneys are continuously appropriated to the Health Division to pay the division's expenses in administering the provisions of ORS 105.555, 431.175 and 453.855 to 453.912.

(5) Subject to prior approval by the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, any fee or change shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

Approved by the Governor July 23, 1999

Filed in the office of Secretary of State July 23, 1999

Effective date October 23, 1999

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