SENATE BILL 589
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
James G. Taylor
AN ACT
RELATING TO REAL PROPERTY; PROVIDING FOR RECORDING A NOTICE OF REAL PROPERTY USED FOR MANUFACTURING METHAMPHETAMINE; PROVIDING FOR RECORDING AN AFFIDAVIT THAT REMEDIATION HAS OCCURRED ON PROPERTY USED FOR MANUFACTURING METHAMPHETAMINE; REQUIRING RULES ESTABLISHING METHAMPHETAMINE REMEDIATION STANDARDS TO BE PROMULGATED BY THE ENVIRONMENTAL IMPROVEMENT BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. RECORDING NOTICE OF REAL PROPERTY USED IN MANUFACTURING METHAMPHETAMINE IN THE OFFICE OF THE COUNTY CLERK--RECORDING AFFIDAVIT CERTIFYING REMEDIATION--RULEMAKING.--
A. Whenever a state or local law enforcement agency discovers that real property has been used for manufacturing methamphetamine, the law enforcement agency shall file a "notice of methamphetamine lab", as described in Subsection B of this section, for recording with the county clerk in the county in which the real property or any portion of the real property is located. In lieu of acknowledgment, the signature of an officer of the local law enforcement agency shall be accepted by the county clerk. The county clerk shall record the notice in a manner that ensures its disclosure in the ordinary course of a title search of the subject property. No fee shall be collected for this filing.
B. A notice in a form substantially as follows is sufficient to comply with Subsection A of this section:
"Notice of Methamphetamine Lab
Notice is hereby given that an illegal laboratory for the manufacture of methamphetamine was discovered at the location described below on (date) . The discovery was made by the (law enforcement agency) .
Name of property owner or owners and tenants, if any: _______________________________________________________________
_______________________________________________________________
Property address: _____________________________________________
______________________________________________________________________________________________________________________________
Legal description or description of property sufficient to identify: _____________________________________________________
_______________________________________________________________
Location on property where illegal laboratory was discovered: _______________________________________________________________
Name and title of person giving notice: _______________________
_______________________________________________________________
_______________________________________________________________
(Signature of person giving notice) (Date)".
C. A law enforcement agency shall complete the date, law enforcement agency name, name of property owner or owners and tenants, if any, property address, location on property where illegal lab was discovered, name and title of person giving notice, signature of person giving notice and date of signature portions of the notice of methamphetamine lab. A law enforcement agency shall complete the legal description or description of property sufficient to identify portion of the notice to the extent possible.
D. In addition to the duties in Subsection A of this section, the county clerk shall:
(1) if the description of the property provided by the law enforcement agency on the notice of methamphetamine lab is not sufficient for recording purposes, determine the description sufficient for recording, complete the description in the notice and record the notice;
(2) maintain a registry of notices of methamphetamine lab available to the public without fee; and
(3) if a public web site is available to the county clerk, publish the registry of notices of methamphetamine lab on the web site so that it is available to the public without fee.
E. Upon remediation of the property described in a notice of methamphetamine lab, a person with an interest in the property may record with the county clerk an affidavit indicating that remediation has occurred. The affidavit shall include the name, address and telephone number of the person completing the remediation, the type of remediation completed and the date of the remediation. The affidavit shall be accompanied by a certificate of the person performing the remediation, certifying that the remediation meets the remediation standards established by the environmental improvement board. The fee for this filing shall be in accordance with Section 14-8-12 NMSA 1978. The county clerk shall record the affidavit in a manner that ensures its disclosure in the ordinary course of a title search of the subject property. For the purposes of this section, "remediation" means the cleanup, removal, treatment or containment of substances, chemicals or items used in manufacturing methamphetamine or the byproducts or degradates of manufacturing methamphetamine to a level that makes the property safe for human habitation, pursuant to standards established in rules of the environmental improvement board.
F. The environmental improvement board shall promulgate rules establishing standards for remediation.
Section 2. EFFECTIVE DATE.--The effective date of the provisions this act is July 1, 2006.
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