Homebuyers to get more protection in 2007

By Steven K. Paulson
Associated Press Writer

DENVER — Homebuyers will get some added confidence with a new law going into effect Jan. 1 that requires home sale contracts to disclose whether the property was ever used as a methamphetamine laboratory, helping them avoid costly cleanup of hazardous chemicals.

The law is one of 21 that have provisions that go into effect on New Year’s Day. Other new laws going into effect include requiring automobile insurers to give a more detailed explanation of coverage options, lowering the blood alcohol level definition for persistent drunk drivers from 0.20 percent to 0.17 percent and requiring violators to drive with an ignition interlock device, and a bill increasing the numbers of hours of training for a marriage and family therapist license from 1,000 hours to 1,500 hours.

Rep. Jack Pommer, D-Boulder, said homebuyers and apartment owners have been stuck with costly cleanups after police raided residences used to “cook” methamphetamines. He said the new law will give owners added confidence that they won’t have to spend large sums on cleanup.

“I don’t believe it’s that prevalent, but when it happens, it can be devastating to the person who bought the property,” Pommer said.

The new law gives people who purchase residential property the right to test the property to determine if the property was used to make methamphetamines. The tests must be performed by an industrial hygienist. If the property tests positive, the buyer can terminate the contract, and sellers can be held liable for cleanup costs.

Jeanne Smith, head the attorney general’s criminal justice division and a member of a task force on methamphetamines set up by Attorney General John Suthers, said methamphetamine abuse is a major problem in Colorado. She said in addition to costly cleanups, people who live in houses where meth was made can suffer serious health problems.

“One of the things people are concerned about is that the health effects of moving into these places have been quite serious,” she said.

Smith said apartment owners have had no incentive to clean up their buildings and report problems, which will change under the new law if they know at some point they will be forced to act.

“I think this will give some incentive for people to report it,” she said.

A summary of new Colorado laws going into effect Jan. 1:

Barring any person or agency from publicly posting a person’s Social Security number or transmitting it over the Internet unless the information is encrypted. (House Bill 1156)

Requiring automobile insurers to give a more detailed explanation of coverage options. (House Bill 1030.)

Prohibiting individual and group sickness and accident insurance policies from excluding hospital or medical benefits because the insured person suffered injuries while intoxicated or under the influence of a controlled substance. (House Bill 1106.)

Lowering the blood alcohol level definition for persistent drunk drivers from 0.20 percent to 0.17 percent, and requiring violators to drive with an ignition interlock device. (House Bill 1171.)

Increasing the required training for a marriage and family therapist license from 1,000 hours to 1,500 hours. (House Bill 1318.)

Requiring home sale contracts to disclose whether the property was ever used as a methamphetamine laboratory, with hazardous chemicals requiring a costly cleanup. (Senate Bill 2.)

Changing the composition of the board of the public employee pension system as part of a plan to close a potential $11 billion shortfall. (Senate Bill 235.)

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