H.B. 131

1

ENFORCEMENT AUTHORITY FOR DRUG LAB
2 AND PRECURSOR ACTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: A. Lamont Tyler
6 Gerry A. Adair
7 Perry Buckner
Gary F. Cox
Bryan D. Holladay
Swen C. Nielsen
John L. Valentine

8 AN ACT RELATING TO CONTROLLED SUBSTANCES AND CRIMINAL LAW;
9 PROVIDING SPECIFIED AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY
10 REGARDING ENFORCEMENT OF THE CONTROLLED SUBSTANCE PRECURSOR ACT
11 AND CLANDESTINE DRUG LAB ACT; AND APPROPRIATING TO THE DEPARTMENT
12 OF PUBLIC SAFETY S [$400,000] $200,000 s FOR FISCAL YEAR 1998-99.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 53-4-206, Utah Code Annotated 1953
16 58-37c-18, Utah Code Annotated 1953
17 58-37d-9, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 53-4-206 is enacted to read:
20 53-4-206. Authority regarding drug precursors.
21 (1) As used in this section, "acts" means:
22 (a) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; and
23 (b) Title 58, Chapter 37d, Clandestine Drug Lab Act.
24 (2) The division has authority to enforce the drug lab and precursor acts. To carry out this
25 purpose, the division may:
26 (a) inspect, copy, and audit any records h , INVENTORIES OF CONTROLLED SUBSTANCE
Text Box

Amend on 3_goldenrod February 27, 1998 26a PRECURSORS, h and reports required under the acts and rules
27 adopted under the acts;

lilac-February 4, 1998

1 (b) enter the premises of regulated distributors and regulated purchasers during normal
2 business hours to conduct administrative inspections;
3 (c) assist the law enforcement agencies of the state in enforcing the acts;
4 (d) conduct investigations to enforce the acts;
5 (e) present evidence obtained from investigations conducted in conjunction with
6 appropriate county and district attorneys and the Office of the Attorney General for civil or
7 criminal prosecution or for administrative action against a licensee; and
8 (f) work in cooperation with the Division of Occupational and Professional Licensing,
9 created under Section 58-1-103, to accomplish the purposes of this section.
10 Section 2. Section 58-37c-18 is enacted to read:
11 58-37c-18. Department of Public Safety enforcement authority.
12 (1) As used in this section, "division" means the Investigations Division of the Department
13 of Public Safety, created in Section 53-4-103.
14 (2) The division has authority to enforce this chapter. To carry out this purpose, the
15 division may:
16 (a) inspect, copy, and audit records h , INVENTORIES OF CONTROLLED SUBSTANCE
16a PRECURSORS, h and reports required under this chapter and rules
17 adopted under this chapter;
18 (b) enter the premises of regulated distributors and regulated purchasers during normal
19 business hours to conduct administrative inspections;
20 (c) assist the law enforcement agencies of the state in enforcing this chapter;
21 (d) conduct investigations to enforce this chapter;
22 (e) present evidence obtained from investigations conducted in conjunction with
23 appropriate county and district attorneys and the Office of the Attorney General for civil or
24 criminal prosecution or for administrative action against a licensee; and
25 (f) work in cooperation with the Division of Occupational and Professional Licensing,
26 created under Section 58-1-103, to accomplish the purposes of this section.
27 Section 3. Section 58-37d-9 is enacted to read:
28 58-37d-9. Department of Public Safety enforcement authority.
29 (1) As used in this section, "division" means the Investigations Division of the Department
30 of Public Safety, created in Section 53-4-103.
31 (2) The division has authority to enforce this chapter. To carry out this purpose, the

- 2 -

lilac-February 4, 1998

1 division may:
2 (a) assist the law enforcement agencies of the state in enforcing this chapter;
3 (b) conduct investigations to enforce this chapter;
4 (c) present evidence obtained from investigations conducted in conjunction with
5 appropriate county and district attorneys and the Office of the Attorney General for civil or
6 criminal prosecution or for administrative action against a licensee; and
7 (d) work in cooperation with the Division of Occupational and Professional Licensing,
8 created under Section 58-1-103, to accomplish the purposes of this section.
9 Section 4. Appropriation.
10 There is appropriated from the General Fund to the Department of Public Safety S [$400,000]
10a $200,000 s
11 for fiscal year 1998-99, to be applied solely to the Investigations Division's enforcement of
12 controlled substance precursor h AND CLANDESTINE DRUG LAB h laws, as authorized under
12a h [ Section ] SECTIONS h 58-37c-18 h AND 58-37d-9. S [ IT IS THE INTENT OF THE LEGISLATURE
12b THAT THIS APPROPRIATION BE ONGOING h . ] s




Legislative Review Note
as of 1-19-98 6:15 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Text Box

Amend on 3_goldenrod February 27, 1998 - 3 -

lilac-February 4, 1998