Text: SSB01095 Text: SSB01097 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsections 3 and 4, Code 1 2 1999, are amended to read as follows: 1 3 3. It is unlawful for any person to sell, distribute, or 1 4 make available any product containing ephedrine, its salts, 1 5 optical isomers, salts of optical isomers, or analogs of 1 6 ephedrine, or pseudoephedrine, its salts, optical isomers, 1 7 salts of optical isomers, or analogs of pseudoephedrine, 1 8 ether, anhydrous ammonia, red phosphorous, lithium, iodine, 1 9 thionyl chloride, chloroform, palladium, perchloric acid, 1 10 tetrahydrofuran, ammonium chloride, liquid nitrogen, or 1 11 magnesium sulfate if the person knows, or should know, that 1 12 the product may be used as a precursor to any illegal 1 13 substance or an intermediary to any controlled substance. A 1 14 person who violates this subsection commits a serious 1 15 misdemeanor. 1 16 4. It is unlawful for any person to possess any product 1 17 containing ephedrine, its salts, optical isomers, salts of 1 18 optical isomers, or analogs of ephedrine, or pseudoephedrine, 1 19 its salts, optical isomers, salts of optical isomers, or 1 20 analogs of pseudoephedrine, ether, anhydrous ammonia, red 1 21 phosphorous, lithium, iodine, thionyl chloride, chloroform, 1 22 palladium, perchloric acid, tetrahydrofuran, ammonium 1 23 chloride, liquid nitrogen, or magnesium sulfate with the 1 24 intent to use the product as a precursor to any illegal 1 25 substance or an intermediary to any controlled substance. A 1 26 person who violates this subsection commits a class "D" 1 27 felony. 1 28 Sec. 2. Section 124C.2, Code 1999, is amended by adding 1 29 the following new subsection: 1 30 NEW SUBSECTION. 2A. The commissioner shall collect any 1 31 penalty assessed against a person under section 124C.3A. 1 32 Sec. 3. Section 124C.2, subsection 3, Code 1999, is 1 33 amended to read as follows: 1 34 3. The commissioner shall make all reasonable efforts to 1 35 recover the full amount of moneys expended or penalties 2 1 assessed, through litigation or otherwise. Moneys recovered 2 2 shall be deposited with the treasurer of state and credited to 2 3 the department of public safety. 2 4 Sec. 4. Section 124C.3, Code 1999, is amended by adding 2 5 the following new unnumbered paragraph: 2 6 NEW UNNUMBERED PARAGRAPH. A person's strict liability for 2 7 any costs or damages incurred by the state is waived if a 2 8 civil penalty is assessed and paid by the person under section 2 9 124C.3A. 2 10 Sec. 5. NEW SECTION. 124C.3A HAZARDOUS WASTE CLEANUP – 2 11 CIVIL PENALTY. 2 12 1. In addition to any criminal penalty imposed, a 2 13 sentencing court shall assess against a person convicted under 2 14 section 124.401, subsection 1, the following civil penalty, 2 15 unless the costs and damages incurred by the state under 2 16 section 124C.3 would exceed the civil penalty: 2 17 a. For each violation under section 124.401, subsection 1, 2 18 paragraph "a", one hundred thousand dollars. 2 19 b. For each violation under section 124.401, subsection 1, 2 20 paragraph "b", twenty-five thousand dollars. 2 21 c. For each violation under section 124.401, subsection 1, 2 22 paragraph "c", ten thousand dollars. 2 23 2. An assessment of a civil penalty under this section 2 24 constitutes a judgment and may be enforced in the same manner 2 25 as any other civil judgment pursuant to chapter 626. 2 26 3. Moneys collected from the civil penalties imposed in 2 27 this section shall be collected and administered by the 2 28 department pursuant to section 124C.2. 2 29 Sec. 6. Section 124C.7, Code 1999, is amended to read as 2 30 follows: 2 31 124C.7 RULEMAKING AUTHORITY. 2 32 The department, in consultation with the department of 2 33 justice and the department of natural resources, may adopt 2 34 rules pursuant to chapter 17Anecessaryto administer this 2 35 chapter. 3 1 Sec. 7. Section 716B.2, Code 1999, is amended to read as 3 2 follows: 3 3 716B.2 UNLAWFUL DISPOSAL OF HAZARDOUS WASTE – PENALTIES. 3 4 A person who knowingly or with reason to know, disposes of 3 5 hazardous waste or arranges for or allows the disposal of 3 6 hazardous waste at any location other than one authorized by 3 7 the department or the United States environmental protection 3 8 agency, or in violation of any material term or condition of a 3 9 hazardous waste facility permit, is guilty of an aggravated 3 10 misdemeanor and upon conviction shall be punished by a fine of 3 11 not more than twenty-five thousand dollars for each day of 3 12 violation or imprisonment for not more than two years, or 3 13 both. If the conviction is for a violation committed after a 3 14 first conviction under this section, or if for any conviction 3 15 the hazardous waste is the product of unlawful manufacture of 3 16 a controlled substance in violation of section 124.401, 3 17 subsection 1, the person is guilty of a class "D" felony and 3 18 shall be punished by a fine of not more than fifty thousand 3 19 dollars for each day of violation or imprisonment for not more 3 20 than five years, or both. 3 21 EXPLANATION 3 22 This bill amends Code section 124.401, subsections 3 and 4, 3 23 by expanding the list of materials that a person may not 3 24 distribute or possess if the person knows or should know that 3 25 the materials may be used, or intends to use them, as a 3 26 precursor to any controlled substance. The materials added in 3 27 this bill are commonly used in the production of 3 28 methamphetamine. A person violating the provisions commits 3 29 either a serious misdemeanor or a class "D" felony. A serious 3 30 misdemeanor is punishable by confinement for no more than one 3 31 year and a fine of at least $250 but not more than $1,500. A 3 32 class "D" felony is punishable by confinement for no more than 3 33 five years and a fine of at least $500 but not more than 3 34 $7,500. 3 35 The bill establishes a civil penalty in new Code section 4 1 124C.3A to be assessed against persons who are convicted of 4 2 the manufacture or delivery of or possession with intent to 4 3 deliver a controlled substance. The penalties range from 4 4 $10,000 to $100,000 depending on the offense of which the 4 5 person was convicted. However, the actual costs to clean up 4 6 the site shall be assessed as opposed to a civil penalty, if 4 7 the costs to clean up a hazardous waste site related to the 4 8 sale or use of a controlled substance exceed the civil 4 9 penalty. The funds collected under new Code section 124C.3A 4 10 shall be administered by the department of public safety. The 4 11 funds collected shall be used for the following purposes to 4 12 assist any cleanup: administration of the funds, payment to 4 13 other governmental agencies or businesses for cleanup-related 4 14 services, and disposal of the controlled substance. 4 15 The bill enhances the penalty for a first-time conviction 4 16 of a person who intentionally disposes of hazardous waste 4 17 related to the production of a controlled substance. The 4 18 penalty is enhanced from an aggravated misdemeanor to a class 4 19 "D" felony. Under the bill in Code section 716B.2, a class 4 20 "D" felony is punishable by confinement for no more than five 4 21 years and a fine of not more than $50,000 a day for each day a 4 22 violation occurs. Under current law in Code section 716B.2, a 4 23 first-time offender who disposes of any type of hazardous 4 24 waste commits an aggravated misdemeanor that is punishable by 4 25 confinement for not more than two years and a fine of not more 4 26 than $25,000 a day for each day a violation occurs. 4 27 LSB 1227DP 78 4 28 jm/jw/5.1
Text: SSB01095 Text: SSB01097 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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