H.B. 131 Enrolled

ENFORCEMENT AUTHORITY FOR DRUG LAB
AND PRECURSOR ACTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: A. Lamont Tyler
Gerry A. Adair
Perry Buckner
Gary F. Cox
Bryan D. Holladay
Swen C. Nielsen
John L. Valentine
Steve Barth
Gene Davis
Blake D. Chard
Duane Bourdeaux
John E. Swallow
Patrice Arent
Nora B. Stephens
Robert H. M. Killpack
Lloyd W. Frandsen
Christine R. Fox-Finlinson
Joseph G. Murray
Dave Hogue
Glenn Way
Dennis H. Iverson
Loretta Baca
Susan J. Koehn
Judy Ann Buffmire
Keele Johnson
Ron Bigelow
Craig W. Buttars
Bradley T. Johnson
John W. Hickman
Afton B. Bradshaw
Neal B. Hendrickson
Wayne A. Harper
Michael R. Styler
David L. Gladwell
Brad King
Patricia B. Larson
Trisha S. Beck
Beverly Ann Evans
DeMar Bud Bowman
Brian R. Allen
John B. Arrington
Jordan Tanner
Lowell A. Nelson
Kevin S. Garn
Greg J. Curtis
Jack A. Seitz
David L. Zolman
Loraine T. Pace
Katherine Bryson
Martin R. Stephens
Mary Carlson
Melvin R. Brown
Sheryl L. Allen
David M. Jones
Orville D. Carnahan
Peter C. Knudson
Richard M. Siddoway
David Ure
Brent H. Goodfellow
Evan L. Olsen
Ralph Becker
Daniel H. Tuttle

AN ACT RELATING TO CONTROLLED SUBSTANCES AND CRIMINAL LAW;
PROVIDING SPECIFIED AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY
REGARDING ENFORCEMENT OF THE CONTROLLED SUBSTANCE PRECURSOR ACT
AND CLANDESTINE DRUG LAB ACT; AND APPROPRIATING TO THE DEPARTMENT
OF PUBLIC SAFETY $200,000 FOR FISCAL YEAR 1998-99 FOR ENFORCEMENT OF
THESE ACTS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53-4-206, Utah Code Annotated 1953

58-37c-18, Utah Code Annotated 1953
58-37d-9, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-4-206 is enacted to read:
53-4-206. Authority regarding drug precursors.
(1) As used in this section, "acts" means:
(a) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; and
(b) Title 58, Chapter 37d, Clandestine Drug Lab Act.
(2) The division has authority to enforce the drug lab and precursor acts. To carry out this
purpose, the division may:
(a) inspect, copy, and audit any records, inventories of controlled substance precursors, and
reports required under the acts and rules adopted under the acts;
(b) enter the premises of regulated distributors and regulated purchasers during normal
business hours to conduct administrative inspections;
(c) assist the law enforcement agencies of the state in enforcing the acts;
(d) conduct investigations to enforce the acts;
(e) present evidence obtained from investigations conducted in conjunction with appropriate
county and district attorneys and the Office of the Attorney General for civil or criminal prosecution
or for administrative action against a licensee; and
(f) work in cooperation with the Division of Occupational and Professional Licensing,
created under Section 58-1-103, to accomplish the purposes of this section.
Section 2. Section 58-37c-18 is enacted to read:
58-37c-18. Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Investigations Division of the Department
of Public Safety, created in Section 53-4-103.
(2) The division has authority to enforce this chapter. To carry out this purpose, the division
may:
(a) inspect, copy, and audit records, inventories of controlled substance precursors, and

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reports required under this chapter and rules adopted under this chapter;
(b) enter the premises of regulated distributors and regulated purchasers during normal
business hours to conduct administrative inspections;
(c) assist the law enforcement agencies of the state in enforcing this chapter;
(d) conduct investigations to enforce this chapter;
(e) present evidence obtained from investigations conducted in conjunction with appropriate
county and district attorneys and the Office of the Attorney General for civil or criminal prosecution
or for administrative action against a licensee; and
(f) work in cooperation with the Division of Occupational and Professional Licensing,
created under Section 58-1-103, to accomplish the purposes of this section.
Section 3. Section 58-37d-9 is enacted to read:
58-37d-9. Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Investigations Division of the Department
of Public Safety, created in Section 53-4-103.
(2) The division has authority to enforce this chapter. To carry out this purpose, the division
may:
(a) assist the law enforcement agencies of the state in enforcing this chapter;
(b) conduct investigations to enforce this chapter;
(c) present evidence obtained from investigations conducted in conjunction with appropriate
county and district attorneys and the Office of the Attorney General for civil or criminal prosecution
or for administrative action against a licensee; and
(d) work in cooperation with the Division of Occupational and Professional Licensing,
created under Section 58-1-103, to accomplish the purposes of this section.
Section 4. Appropriation.
There is appropriated from the General Fund to the Department of Public Safety $200,000
for fiscal year 1998-99, to be applied solely to the Investigations Division's enforcement of
controlled substance precursor and clandestine drug lab laws, as authorized under Sections
58-37c-18 and 58-37d-9.

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