GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 80

Short Title:     Law Officer Record Clandestine Drug Labs.		(Public)
Sponsors:	Senators Tillman;  Apodaca, Atwater, Bingham, Blake, Boseman, Brock, Brunstetter, East, Forrester, Goodall, Hartsell, Hoyle, Hunt, Jones, Pittenger, Stevens, and Weinstein.
Referred to:	Judiciary l (Civil).

February 12, 2007

A BILL TO BE ENTITLED

AN ACT to require that a law enforcement officer who is notified by the sbi of the existence of a clandestine drug laboratory record that notice in the office of the register of deeds.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:

"Article 5E.

"Clandestine Drug Labs.

"§ 90‑113.65.  Law enforcement officer must file notice of clandestine drug lab.

(a) The following definitions apply in this section:

(1) Law enforcement officer. – The sheriff, chief of police, or other law enforcement officer or the representative of the sheriff, chief of police, or other law enforcement officer.

(2) Responsible party. – The property owner, lessee, operator, or other person in control of the property who has knowledge that the property has been used for a clandestine drug lab.

(3) SBI. – State Bureau of Investigation.

(b) When the SBI responds to a report of a possible clandestine drug lab and determines the existence and location of the lab, the SBI Clandestine Laboratory Response Team shall post a warning at the lab site and shall also generate letters to the property owner, the county health director, and appropriate law enforcement officer advising them that a clandestine drug lab was discovered at that location. Upon receipt of the notice, the law enforcement officer shall file in the office of the register of deeds a copy of the letter and a written notice signed by the law enforcement officer advising the public that a clandestine drug lab was discovered on the property. The register of deeds shall record the letter and signed notice and index it in the grantor index under the names of the owners of the property. No recording fee shall be charged.

(c) When the local health department determines that the property has been decontaminated pursuant to the rules adopted under G.S. 130A‑284, the county health director shall notify the responsible party and the appropriate law enforcement officer that the decontamination process is complete. The responsible party may file a copy of the decontamination notice received from the local health department with the office of the register of deeds. The register of deeds shall record the notice of decontamination and index it in the grantor index under the names of the owners of the property. The register of deeds may charge a filing fee under G.S. 161‑10."

SECTION 2.  This act becomes effective July 1, 2007.