Report Title:

Methamphetamine Labs

Description:

Requires inclusion in disclosure statements in residential real property sales of former existence of methamphetamine manufacturing operation on the property; requires operator of meth lab to pay costs of cleanup; makes it a felony to illegally dispose of meth waste.

THE SENATE

S.B. NO.

3176

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO METHAMPHETAMINE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§712-   Illegal disposal of methamphetamine manufacturing waste. (1) A person commits the offense of illegal disposal of methamphetamine waste if the person places the waste from the manufacture of methamphetamine in any place other than a county police station; provided that the person shall inform the police present at that station that the person has methamphetamine waste to dispose at the time the person brings the waste to the police station. The person shall further inform the police of the location where the methamphetamine was manufactured, and the person's identifying information, including but not limited to the person's name and address."

(2) Illegal disposal of methamphetamine manufacturing waste is a class    felony."

SECTION 2. Section 508D-11, Hawaii Revised Statutes, is amended to read as follows:

"§508D-11 Disclosure form. In addition to the other information required by this chapter, the form for the disclosure statement shall include the following:

(1) A notice to the buyer that the buyer may wish to obtain professional advice and inspections of the residential real property;

(2) A notice to the buyer that the information contained in the disclosure statement is the representation of the seller and not the representation of the seller's agent (except as to those representations, if any, specifically identified as being made by the seller's agent and not by the seller); [and]

(3) A notice of the buyer's rescission rights pursuant to this chapter[.]; and

(4) A notice to the buyer that the property was last used as a site for a methamphetamine manufacturing operation."

SECTION 3. Section 712-1276, Hawaii Revised Statutes, is amended to read as follows:

"§712-1276 Costs and expenses. (1) For any costs or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the costs and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court.

(2) In the case of a nuisance involving the illegal manufacture of methamphetamine, the operator of the methamphetamine lab shall be liable to pay the costs and expenses under subsection (1)."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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