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HF 572

8th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2005
1st Engrossment Posted on 02/28/2005
2nd Engrossment Posted on 03/08/2005
3rd Engrossment Posted on 03/09/2005
4th Engrossment Posted on 03/14/2005
5th Engrossment Posted on 03/16/2005
6th Engrossment Posted on 03/24/2005
7th Engrossment Posted on 03/29/2005
8th Engrossment Posted on 04/06/2005

Current Version - 8th Engrossment

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A bill for an act
relating to public safety; scheduling ephedrine and
pseudoephedrine products as Schedule V controlled
substances; regulating the sale of methamphetamine
precursor drugs; authorizing reporting of suspicious
transactions involving these drugs and providing civil
immunity for so doing; further regulating while
recodifying activities involving anhydrous ammonia;
requiring courts to order restitution in certain
situations involving controlled substances; imposing
property restrictions in certain situations involving
controlled substances; increasing the criminal
penalties for possessing certain substances with the
intent to manufacture methamphetamine and recodifying
this crime; establishing new methamphetamine-related
crimes; clarifying the definition of "narcotic drug";
expanding the definition of "violent crime" for
mandatory sentencing purposes; requiring that vehicles
and other property used to manufacture methamphetamine
indicate this in the title or by an affidavit;
requiring notice to schools when children are taken
into protective custody after being found at a
methamphetamine laboratory; establishing a
methamphetamine laboratory cleanup revolving fund and
authorizing loans to assist counties and cities in
conducting methamphetamine cleanup; imposing criminal
penalties; providing for ten new Bureau of Criminal
Apprehension agents dedicated to methamphetamine
enforcement; appropriating money; amending Minnesota
Statutes 2004, sections 152.01, subdivision 10;
152.02, subdivision 6; 152.021, subdivisions 2a, 3;
152.027, subdivisions 1, 2; 152.135, subdivision 2;
168A.05, subdivision 3; 260B.171, by adding a
subdivision; 609.1095, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 152; 446A;
repealing Minnesota Statutes 2004, sections 18C.005,
subdivisions 1a, 35a; 18C.201, subdivisions 6, 7;
18D.331, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

METHAMPHETAMINE PROVISIONS

Section 1.

Minnesota Statutes 2004, section 152.01,
subdivision 10, is amended to read:


Subd. 10.

Narcotic drug.

"Narcotic drug" means any of
the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:

(1) Opium, coca leaves, deleted text begin and deleted text end opiatesnew text begin , and methamphetaminenew text end ;

(2) A compound, manufacture, salt, derivative, or
preparation of opium, coca leaves, deleted text begin or deleted text end opiatesnew text begin , or
methamphetamine
new text end ;

(3) A substance, and any compound, manufacture, salt,
derivative, or preparation thereof, which is chemically
identical with any of the substances referred to in clauses (1)
and (2), except that the words "narcotic drug" as used in this
chapter shall not include decocainized coca leaves or extracts
of coca leaves, which extracts do not contain cocaine or
ecgonine.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 152.02,
subdivision 6, is amended to read:


Subd. 6.

Schedule v; restrictions on methamphetamine
precursor drugs.

new text begin (a) As used in this subdivision, the following
terms have the meanings given:
new text end

new text begin (1) "methamphetamine precursor drug" means any compound,
mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active
ingredients;
new text end

new text begin (2) "over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription or by a licensed
veterinarian; and
new text end

new text begin (3) "suspicious transaction" means the sale, distribution,
delivery, or other transfer of a substance under circumstances
that would lead a reasonable person to believe that the
substance is likely to be used to illegally manufacture a
controlled substance based on factors such as the amount of the
substance involved in the transaction, the method of payment,
the method of delivery, and any past dealings with any
participant in the transaction.
new text end

new text begin (b) new text end The following items are listed in Schedule V:

new text begin (1) new text end any compound, mixture, or preparation containing any of
the following limited quantities of narcotic drugs, which shall
include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alonedeleted text begin ;deleted text end new text begin :
new text end

deleted text begin (1) deleted text end new text begin (i) new text end not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 gramsdeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 gramsdeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (3) deleted text end new text begin (iii) new text end not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unitdeleted text begin .deleted text end new text begin ; or
new text end

deleted text begin (4) deleted text end new text begin (iv) new text end not more than 15 milligrams of anhydrous morphine
per 100 milliliters or per 100 gramsnew text begin ; and
new text end

new text begin (2) any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or as
one of its active ingredients
new text end .

new text begin (c) No person may sell in a single over-the-counter sale
more than two packages of a methamphetamine precursor drug or a
combination of methamphetamine precursor drugs or any
combination of packages exceeding a total weight of six grams.
new text end

new text begin (d) Over-the-counter sales of methamphetamine precursor
drugs are limited to:
new text end

new text begin (1) packages containing not more than a total of three
grams of one or more methamphetamine precursor drugs, calculated
in terms of ephedrine base or pseudoephedrine base; or
new text end

new text begin (2) for nonliquid products, sales in blister packs, where
each blister contains not more than two dosage units, or, if the
use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
new text end

new text begin (e) A business establishment that offers for sale
methamphetamine precursor drugs in an over-the-counter sale
shall ensure that all packages of the drugs are displayed behind
a checkout counter where the public is not permitted and are
offered for sale only by a licensed pharmacist, a registered
pharmacy technician, or a pharmacy clerk. The establishment
shall ensure that the person making the sale requires the buyer:
new text end

new text begin (1) to provide photographic identification showing the
buyer's date of birth; and
new text end

new text begin (2) to sign a written or electronic document detailing the
date of the sale, the name of the buyer, and the amount of the
drug sold. Nothing in this paragraph requires the buyer to
obtain a prescription for the drug's purchase.
new text end

new text begin (f) No person may acquire through over-the-counter sales
more than six grams of methamphetamine precursor drugs within a
30-day period.
new text end

new text begin (g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18
years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
new text end

new text begin (h) A person who knowingly violates paragraph (c), (d),
(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both.
new text end

new text begin (i) An owner, operator, supervisor, or manager of a
business establishment that offers for sale methamphetamine
precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those
paragraphs if the person:
new text end

new text begin (1) did not have prior knowledge of, participate in, or
direct the employee or agent to commit the violation; and
new text end

new text begin (2) documents that an employee training program was in
place to provide the employee or agent with information on the
state and federal laws and regulations regarding methamphetamine
precursor drugs.
new text end

new text begin (j) Any person employed by a business establishment that
offers for sale methamphetamine precursor drugs who sells such a
drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports
information under this subdivision in good faith is immune from
civil liability relating to the report.
new text end

new text begin (k) Paragraphs (c) to (j) do not apply to:
new text end

new text begin (1) pediatric products labeled pursuant to federal
regulation primarily intended for administration to children
under 12 years of age according to label instructions;
new text end

new text begin (2) methamphetamine precursor drugs that are certified by
the Board of Pharmacy as being manufactured in a manner that
prevents the drug from being used to manufacture
methamphetamine;
new text end

new text begin (3) methamphetamine precursor drugs in gel capsule or
liquid form; or
new text end

new text begin (4) compounds, mixtures, or preparations in powder form
where pseudoephedrine constitutes less than one percent of its
total weight and is not its sole active ingredient.
new text end

new text begin (l) The Board of Pharmacy, in consultation with the
Department of Public Safety, shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
new text end

new text begin (m) Wholesale drug distributors licensed and regulated by
the Board of Pharmacy pursuant to sections 151.42 to 151.51 and
registered with and regulated by the United States Drug
Enforcement Administration are exempt from the methamphetamine
precursor drug storage requirements of this section.
new text end

new text begin (n) This section preempts all local ordinances or
regulations governing the sale by a business establishment of
over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective
date of this act are void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 152.021,
subdivision 2a, is amended to read:


Subd. 2a.

new text begin methamphetamine new text end manufacture deleted text begin crimes deleted text end new text begin crime;
possession of substances with intent to manufacture
methamphetamine crime
new text end .

(a) Notwithstanding subdivision 1,
sections 152.022, subdivision 1, 152.023, subdivision 1, and
152.024, subdivision 1, a person is guilty of controlled
substance crime in the first degree if the person manufactures
any amount of methamphetamine.

(b) deleted text begin Notwithstanding paragraph (a) and section 609.17,deleted text end A
person is guilty of deleted text begin attempted manufacture of methamphetamine deleted text end new text begin a
crime
new text end if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine. As
used in this section, "chemical reagents or precursors" deleted text begin refers
to one or more
deleted text end new text begin include, but are not limited to, any new text end of the
following substances, or their salts, isomers, and salts of
isomers:

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

(5) anhydrous ammoniadeleted text begin , as defined in section 18C.005,
subdivision 1a
deleted text end ;

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 152.021,
subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under
subdivisions 1 to 2a, paragraph (a), may be sentenced to
imprisonment for not more than 30 years or to payment of a fine
of not more than $1,000,000, or both; a person convicted under
subdivision 2a, paragraph (b), may be sentenced to imprisonment
for not more than deleted text begin three deleted text end new text begin ten new text end years or to payment of a fine of not
more than deleted text begin $5,000 deleted text end new text begin $20,000new text end , or both.

(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivisions 1 to 2a,
paragraph (a), shall be committed to the commissioner of
corrections for not less than four years nor more than 40 years
and, in addition, may be sentenced to payment of a fine of not
more than $1,000,000; a person convicted under subdivision 2a,
paragraph (b), may be sentenced to imprisonment for not more
than deleted text begin four deleted text end new text begin 15 new text end years or to payment of a fine of not more than
deleted text begin $5,000 deleted text end new text begin $30,000new text end , or both.

(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 152.027,
subdivision 1, is amended to read:


Subdivision 1.

Sale of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6,new text end a person
who unlawfully sells one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 152.027,
subdivision 2, is amended to read:


Subd. 2.

Possession of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6,new text end a person
who unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both. The court may order that
a person who is convicted under this subdivision and placed on
probation be required to take part in a drug education program
as specified by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

new text begin [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Restitution. new text end

new text begin (a) As used in this
subdivision:
new text end

new text begin (1) "clandestine lab site" means any structure or
conveyance or outdoor location occupied or affected by
conditions or chemicals typically associated with the
manufacturing of methamphetamine;
new text end

new text begin (2) "emergency response" includes, but is not limited to,
removing and collecting evidence, securing the site, removal,
remediation, and hazardous chemical assessment or inspection of
the site where the relevant offense or offenses took place,
regardless of whether these actions are performed by the public
entities themselves or by private contractors paid by the public
entities, or the property owner;
new text end

new text begin (3) "remediation" means proper cleanup, treatment, or
containment of hazardous substances or methamphetamine at or in
a clandestine lab site, and may include demolition or disposal
of structures or other property when an assessment so indicates;
and
new text end

new text begin (4) "removal" means the removal from the clandestine lab
site of precursor or waste chemicals, chemical containers, or
equipment associated with the manufacture, packaging, or storage
of illegal drugs.
new text end

new text begin (b) A court shall require a person convicted of
manufacturing or attempting to manufacture a controlled
substance or of an illegal activity involving a precursor
substance, where the response to the crime involved an emergency
response, to pay restitution to all public entities that
participated in the response. The restitution ordered must
cover the reasonable costs of their participation in the
response.
new text end

new text begin (c) In addition to the restitution required in paragraph
(b), a court shall require a person convicted of manufacturing
or attempting to manufacture a controlled substance or of
illegal activity involving a precursor substance to pay
restitution to a property owner who incurred removal or
remediation costs because of the crime.
new text end

new text begin (d) Notwithstanding paragraphs (b) and (c), if the court
finds that payment of the restitution would create undue
hardship for the convicted person's immediate family, the court
may reduce the amount of restitution to an appropriate level.
If the court finds that the convicted person is indigent, there
is a presumption that restitution is waived.
new text end

new text begin Subd. 2.new text end

new text begin Property-related prohibitions; notice; web
site.
new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "clandestine lab site" has the meaning given in
subdivision 1, paragraph (a);
new text end

new text begin (2) "property" means publicly or privately owned real
property including buildings and other structures, motor
vehicles as defined in section 609.487, subdivision 2a, public
waters, and public rights-of-way;
new text end

new text begin (3) "remediation" has the meaning given in subdivision 1,
paragraph (a); and
new text end

new text begin (4) "removal" has the meaning given in subdivision 1,
paragraph (a).
new text end

new text begin (b) A peace officer who arrests a person at a clandestine
lab site shall notify the appropriate county or local health
department, state duty officer, and child protection services of
the arrest and the location of the site.
new text end

new text begin (c) A county or local health department or sheriff shall
order that any property or portion of a property that has been
found to be a clandestine lab site and contaminated by
substances, chemicals, or items of any kind used in the
manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine be prohibited from being occupied or used until
it has been assessed and remediated as provided in the
Department of Health's clandestine drug labs general cleanup
guidelines. The remediation shall be accomplished by a
contractor who will make the verification required under
paragraph (e).
new text end

new text begin (d) Unless clearly inapplicable, the procedures specified
in chapter 145A and any related rules adopted under that chapter
addressing the enforcement of public health laws, the removal
and abatement of public health nuisances, and the remedies
available to property owners or occupants apply to this
subdivision.
new text end

new text begin (e) Upon the proper removal and remediation of any property
used as a clandestine lab site, the contractor shall verify to
the property owner and the applicable authority that issued the
order under paragraph (c) that the work was completed according
to the Department of Health's clandestine drug labs general
cleanup guidelines and best practices and that levels of
contamination have been reduced to levels set forth in the
guidelines. The contractor shall provide the verification to
the property owner and the applicable authority within five days
from the completion of the remediation. Following this, the
applicable authority shall vacate its order.
new text end

new text begin If a contractor issues a verification and the property was not
remediated according to the Department of Health's clandestine
drug labs general cleanup guidelines or the levels of
contamination were not reduced to levels set forth in the
guidelines, the contractor is liable to the property owner for
the additional costs relating to the proper remediation of the
property according to the guidelines and reducing the levels of
contamination to levels set in the guidelines and for reasonable
attorney fees for collection of costs by the property owner. An
action under this paragraph must be commenced within six years
from the date on which the verification was issued by the
contractor.
new text end

new text begin (f) If the applicable authority determines under paragraph
(c) that a motor vehicle has been contaminated by substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine and
if the authority is able to obtain the certificate of title for
the motor vehicle, the authority shall notify the registrar of
motor vehicles of this fact and in addition, forward the
certificate of title to the registrar. The authority shall also
notify the registrar when it vacates its order under paragraph
(e).
new text end

new text begin (g) The applicable authority issuing an order under
paragraph (c) shall record with the county recorder or registrar
of titles of the county where the clandestine lab is located an
affidavit containing the name of the owner, a legal description
of the property where the clandestine lab was located, and a map
drawn from available information showing the boundary of the
property and the location of the contaminated area on the
property that is prohibited from being occupied or used that
discloses to any potential transferee:
new text end

new text begin (1) that the property, or portion of the property, was the
site of a clandestine lab;
new text end

new text begin (2) the location, condition, and circumstances of the
clandestine lab, to the full extent known or reasonably
ascertainable; and
new text end

new text begin (3) that the use of the property or some portion of it may
be restricted as provided by paragraph (c).
new text end

new text begin If an inaccurate drawing or description is filed, the authority,
on request of the owner or another interested person, shall file
a supplemental affidavit with a corrected drawing or description.
new text end

new text begin If the authority vacates its order under paragraph (e), the
authority shall record an affidavit that contains the recording
information of the above affidavit and states that the order is
vacated. Upon filing the affidavit vacating the order, the
affidavit and the affidavit filed under this paragraph, together
with the information set forth in the affidavits, cease to
constitute either actual or constructive notice.
new text end

new text begin (h) If proper removal and remediation has occurred on the
property, an interested party may record an affidavit indicating
that this has occurred. Upon filing the affidavit described in
this paragraph, the affidavit and the affidavit filed under
paragraph (g), together with the information set forth in the
affidavits, cease to constitute either actual or constructive
notice. Failure to record an affidavit under this section does
not affect or prevent any transfer of ownership of the property.
new text end

new text begin (i) The county recorder or registrar of titles must record
all affidavits presented under paragraph (g) or (h) in a manner
that assures their disclosure in the ordinary course of a title
search of the subject property.
new text end

new text begin (j) The commissioner of health shall post on the Internet
contact information for each local community health services
administrator.
new text end

new text begin (k) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the name of the owner, the location of
the property, the extent of the contamination, the status of the
removal and remediation work on the property, and whether the
order has been vacated. The administrator shall make this
information available to the public either upon request or by
other means.
new text end

new text begin (l) Before signing an agreement to sell or transfer real
property, the seller or transferor must disclose in writing to
the buyer or transferee if, to the seller's or transferor's
knowledge, methamphetamine production has or has not occurred on
the property. In the event that methamphetamine production has
occurred on the property, the disclosure shall include a
statement to the buyer or transferee that:
new text end

new text begin (1) there is or is not an order issued on the property as
described in paragraph (c);
new text end

new text begin (2) whether or not any orders issued against the property
as described in paragraph (c) have been vacated as described in
paragraph (i); or
new text end

new text begin (3) if there was no order issued against the property and
the seller or transferor is aware that methamphetamine
production has occurred on the property, the seller or
transferor shall disclose the status of removal and remediation
on the property.
new text end

new text begin Unless the buyer or transferee and seller or transferor
agree to the contrary in writing before the closing of the sale,
a seller or transferor who fails to disclose, to the best of
their knowledge, at the time of the sale any of the facts
required above, and who knew or had reason to know of
methamphetamine production on the property, is liable to the
buyer or transferee for costs relating to remediation of the
property according to the Department of Health's clandestine
drug labs general cleanup guidelines and best practices and that
levels of contamination have been reduced to levels set forth in
the guidelines and for reasonable attorney fees for collection
of costs from the seller or transferor. An action under this
subdivision must be commenced within two years after the date on
which the buyer or transferee closed the purchase or transfer of
the real property where the methamphetamine production occurred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2006, and applies to crimes committed on or after that date.
new text end

Sec. 8.

new text begin [152.0976] PRECURSOR SUBSTANCES; RETAIL
ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Permitted sales. new text end

new text begin A retail establishment
is exempt from the precursor substances sale limitations
established in section 152.02, subdivision 6, if products
containing ephedrine or pseudoephredrine are:
new text end

new text begin (1) sold in packages containing four or less pills
containing no more than 240 milligrams of pseudoephedrine;
new text end

new text begin (2) limited to no more than two packages per transaction;
new text end

new text begin (3) displayed behind the checkout counter where the public
is not permitted; and
new text end

new text begin (4) sold by employees who receive annual training on state
laws regarding ephedrine or pseudoephedrine, product
recognition, and information on methamphetamine manufacture.
new text end

new text begin Subd. 2. new text end

new text begin Product exemption. new text end

new text begin Products containing
ephedrine or pseudoephedrine in gel capsule or liquid form are
exempt from the requirements of this section and section 152.02,
subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Photo identification; log. new text end

new text begin A person making a
sale under this chapter must comply with the photograph
identification and log requirements established in section
152.02, subdivision 6, paragraph (e), clauses (1) and (2).
new text end

new text begin Subd. 4.new text end

new text begin Age restriction.new text end

new text begin No person may sell in an
over-the-counter sale a methamphetamine precursor drug to a
person under the age of 18 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 152.135,
subdivision 2, is amended to read:


Subd. 2.

Exceptions.

(a) A drug product containing
ephedrine, its salts, optical isomers, and salts of optical
isomers is exempt from subdivision 1 if the drug product:

(1) may be lawfully sold over the counter without a
prescription under the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 321, et seq.;

(2) is labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;

(3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse;

(4) is not marketed, advertised, or labeled for the
indication of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy; deleted text begin and
deleted text end

(5) is in solid oral dosage forms, including soft gelatin
caplets, that combine 400 milligrams of guaifenesin and 25
milligrams of ephedrine per dose, according to label
instructions; or is an anorectal preparation containing not more
than five percent ephedrinenew text begin ; and
new text end

new text begin (6) is sold in a manner that does not conflict with section
152.02, subdivision 6
new text end .

(b) Subdivisions 1 and 3 shall not apply to products
containing ephedra or ma huang and lawfully marketed as dietary
supplements under federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

new text begin [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section,
"tamper" means action taken by a person not authorized to take
that action by law or by the owner or authorized custodian of an
anhydrous ammonia container or of equipment where anhydrous
ammonia is used, stored, distributed, or transported.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) A person may not:
new text end

new text begin (1) steal or unlawfully take or carry away any amount of
anhydrous ammonia;
new text end

new text begin (2) purchase, possess, transfer, or distribute any amount
of anhydrous ammonia, knowing, or having reason to know, that it
will be used to unlawfully manufacture a controlled substance;
new text end

new text begin (3) place, have placed, or possess anhydrous ammonia in a
container that is not designed, constructed, maintained, and
authorized to contain or transport anhydrous ammonia;
new text end

new text begin (4) transport anhydrous ammonia in a container that is not
designed, constructed, maintained, and authorized to transport
anhydrous ammonia;
new text end

new text begin (5) use, deliver, receive, sell, or transport a container
designed and constructed to contain anhydrous ammonia without
the express consent of the owner or authorized custodian of the
container; or
new text end

new text begin (6) tamper with any equipment or facility used to contain,
store, or transport anhydrous ammonia.
new text end

new text begin (b) For the purposes of this subdivision, containers
designed and constructed for the storage and transport of
anhydrous ammonia are described in rules adopted under section
18C.121, subdivision 1, or in Code of Federal Regulations, title
49.
new text end

new text begin Subd. 3. new text end

new text begin No cause of action. new text end

new text begin (a) Except as provided in
paragraph (b), a person tampering with anhydrous ammonia
containers or equipment under subdivision 2 shall have no cause
of action for damages arising out of the tampering against:
new text end

new text begin (1) the owner or lawful custodian of the container or
equipment;
new text end

new text begin (2) a person responsible for the installation or
maintenance of the container or equipment; or
new text end

new text begin (3) a person lawfully selling or offering for sale the
anhydrous ammonia.
new text end

new text begin (b) Paragraph (a) does not apply to a cause of action
against a person who unlawfully obtained the anhydrous ammonia
or anhydrous ammonia container or who possesses the anhydrous
ammonia or anhydrous ammonia container for any unlawful purpose.
new text end

new text begin Subd. 4.new text end

new text begin Criminal penalty.new text end

new text begin A person who knowingly
violates subdivision 2 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $50,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

new text begin [152.137] METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Chemical substance" means a substance intended to be
used as a precursor in the manufacture of methamphetamine or any
other chemical intended to be used in the manufacture of
methamphetamine.
new text end

new text begin (c) "Child" means any person under the age of 18 years.
new text end

new text begin (d) "Methamphetamine paraphernalia" means all equipment,
products, and materials of any kind that are used, intended for
use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the
human body.
new text end

new text begin (e) "Methamphetamine waste products" means substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
new text end

new text begin (f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) No person may knowingly
engage in any of the following activities in the presence of a
child or vulnerable adult; in the residence of a child or a
vulnerable adult; in a building, structure, conveyance, or
outdoor location where a child or vulnerable adult might
reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit
residential building:
new text end

new text begin (1) manufacturing or attempting to manufacture
methamphetamine;
new text end

new text begin (2) storing any chemical substance;
new text end

new text begin (3) storing any methamphetamine waste products; or
new text end

new text begin (4) storing any methamphetamine paraphernalia.
new text end

new text begin (b) No person may knowingly cause or permit a child or
vulnerable adult to inhale, be exposed to, have contact with, or
ingest methamphetamine, a chemical substance, or methamphetamine
paraphernalia.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin A person who violates
subdivision 2 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections
609.035 and 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
new text end

new text begin Subd. 5. new text end

new text begin Protective custody. new text end

new text begin A peace officer may take
any child present in an area where any of the activities
described in subdivision 2, paragraph (a), clauses (1) to (4),
are taking place into protective custody in accordance with
section 260C.175, subdivision 1, paragraph (b), clause (2). A
child taken into protective custody under this subdivision shall
be provided health screening to assess potential health concerns
related to methamphetamine as provided in section 260C.188. A
child not taken into protective custody under this subdivision
but who is known to have been exposed to methamphetamine shall
be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
new text end

new text begin Subd. 6.new text end

new text begin Reporting maltreatment of vulnerable adult.new text end

new text begin (a)
A peace officer shall make a report of suspected maltreatment of
a vulnerable adult if the vulnerable adult is present in an area
where any of the activities described in subdivision 2,
paragraph (a), clauses (1) to (4), are taking place, and the
peace officer has reason to believe the vulnerable adult
inhaled, was exposed to, had contact with, or ingested
methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to
the county common entry point as described in section 626.557,
subdivision 9b.
new text end

new text begin (b) As required in section 626.557, subdivision 9b, law
enforcement is the primary agency to conduct investigations of
any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency
for adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and
shall exchange data to the extent authorized in section 626.557,
subdivision 12b, paragraph (g). County adult protection shall
initiate a response immediately.
new text end

new text begin (c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 168A.05,
subdivision 3, is amended to read:


Subd. 3.

Content of certificate.

Each certificate of
title issued by the department shall contain:

(1) the date issued;

(2) the first, middle, and last names, the dates of birth,
and addresses of all owners who are natural persons, the full
names and addresses of all other owners;

(3) the names and addresses of any secured parties in the
order of priority as shown on the application, or if the
application is based on a certificate of title, as shown on the
certificate, or as otherwise determined by the department;

(4) any liens filed pursuant to a court order or by a
public agency responsible for child support enforcement against
the owner;

(5) the title number assigned to the vehicle;

(6) a description of the vehicle including, so far as the
following data exists, its make, model, year, identifying
number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;

(7) with respect to motor vehicles subject to the
provisions of section 325E.15, the true cumulative mileage
registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different
from the true mileage;

(8) with respect to vehicles subject to sections 325F.6641
and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
"prior salvage," or "reconstructed"; deleted text begin and
deleted text end

(9) new text begin with respect to a vehicle contaminated by
methamphetamine production, if the registrar has received the
certificate of title and notice described in section 152.0275,
subdivision 2, paragraph (f), the term "hazardous waste
contaminated vehicle"; and
new text end

new text begin (10) new text end any other data the department prescribes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 13.

Minnesota Statutes 2004, section 260B.171, is
amended by adding a subdivision to read:


new text begin Subd. 9.new text end

new text begin Notice to school.new text end

new text begin (a) As used in this
subdivision, the following terms have the meanings given.
"Chemical substance," "methamphetamine paraphernalia," and
"methamphetamine waste products" have the meanings given in
section 152.137, subdivision 1. "School" means a charter school
or a school as defined in section 120A.22, subdivision 4, except
a home school.
new text end

new text begin (b) If a child has been taken into protective custody after
being found in an area where methamphetamine was being
manufactured or attempted to be manufactured or where any
chemical substances, methamphetamine paraphernalia, or
methamphetamine waste products were stored, and the child is
enrolled in school, the officer who took the child into custody
shall notify the chief administrative officer of the child's
school of this fact.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts occurring on or after that date.
new text end

Sec. 14.

new text begin [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
REVOLVING ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "clandestine lab site" has the meaning given in section
152.0275, subdivision 1, paragraph (a);
new text end

new text begin (2) "property" has the meaning given in section 152.0275,
subdivision 2, paragraph (a), but does not include motor
vehicles; and
new text end

new text begin (3) "remediate" has the meaning given to remediation in
section 152.0275, subdivision 1, paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Account established. new text end

new text begin The authority shall
establish a methamphetamine laboratory cleanup revolving account
in the public facility authority fund to provide loans to
counties and cities to remediate clandestine lab sites. The
account must be credited with repayments.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin Applications by a county or city
for a loan from the account must be made to the authority on the
forms prescribed by the authority. The application must
include, but is not limited to:
new text end

new text begin (1) the amount of the loan requested and the proposed use
of the loan proceeds;
new text end

new text begin (2) the source of revenues to repay the loan; and
new text end

new text begin (3) certification by the county or city that it meets the
loan eligibility requirements of subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Loan eligibility. new text end

new text begin A county or city is eligible
for a loan under this section if the county or city:
new text end

new text begin (1) identifies a site or sites designated by a local public
health department or law enforcement as a clandestine lab site;
new text end

new text begin (2) has required the site's property owner to remediate the
site at cost, under a local public health nuisance ordinance
that addresses clandestine lab remediation;
new text end

new text begin (3) certifies that the property owner cannot pay for the
remediation immediately;
new text end

new text begin (4) certifies that the property owner has not properly
remediated the site; and
new text end

new text begin (5) issues a revenue bond, secured as provided in
subdivision 8, payable to the authority to secure the loan.
new text end

new text begin Subd. 5. new text end

new text begin Use of loan proceeds; reimbursement by property
owner.
new text end

new text begin (a) A loan recipient shall use the loan to remediate the
clandestine lab site or if this has already been done to
reimburse the applicable county or city fund for costs paid by
the recipient to remediate the clandestine lab site.
new text end

new text begin (b) A loan recipient shall seek reimbursement from the
owner of the property containing the clandestine lab site for
the costs of the remediation. In addition to other lawful means
of seeking reimbursement, the loan recipient may recover its
costs through a property tax assessment by following the
procedures specified in section 145A.08, subdivision 2,
paragraph (c).
new text end

new text begin (c) A mortgagee is not responsible for cleanup costs under
this section solely because the mortgagee becomes an owner of
real property through foreclosure of the mortgage or by receipt
of the deed to the mortgaged property in lieu of foreclosure.
new text end

new text begin Subd. 6. new text end

new text begin Award and disbursement of funds. new text end

new text begin The authority
shall award loans to recipients on a first-come, first-served
basis, provided that the recipient is able to comply with the
terms and conditions of the authority loan, which must be in
conformance with this section. The authority shall make a
single disbursement of the loan upon receipt of a payment
request that includes a list of remediation expenses and
evidence that a second-party sampling was undertaken to ensure
that the remediation work was successful or a guarantee that
such a sampling will be undertaken.
new text end

new text begin Subd. 7. new text end

new text begin Loan conditions and terms. new text end

new text begin (a) When making
loans from the revolving account, the authority shall comply
with the criteria in paragraphs (b) to (e).
new text end

new text begin (b) Loans must be made at a two percent per annum interest
rate for terms not to exceed ten years unless the recipient
requests a 20-year term due to financial hardship.
new text end

new text begin (c) The annual principal and interest payments must begin
no later than one year after completion of the clean up. Loans
must be amortized no later than 20 years after completion of the
clean up.
new text end

new text begin (d) A loan recipient must identify and establish a source
of revenue for repayment of the loan and must undertake whatever
steps are necessary to collect payments within one year of
receipt of funds from the authority.
new text end

new text begin (e) The account must be credited with all payments of
principal and interest on all loans, except the costs as
permitted under section 446A.04, subdivision 5, paragraph (a).
new text end

new text begin (f) Loans must be made only to recipients with clandestine
lab ordinances that address remediation.
new text end

new text begin Subd. 8.new text end

new text begin Authority to incur debt.new text end

new text begin Counties and cities
may incur debt under this section by resolution of the board or
council authorizing issuance of a revenue bond to the
authority. The county or city may secure and pay the revenue
bond only with proceeds derived from the property containing the
clandestine lab site, including assessments and charges under
section 145A.08, subdivision 2, paragraph (c), payments by the
property owner, or similar revenues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.1095,
subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
deleted text begin section deleted text end new text begin sections 152.137;new text end 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; new text begin and new text end 609.855, subdivision 5; any provision of
sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify the provisions of
Minnesota Statutes, section 152.021, subdivision 2a, paragraph
(b), and subdivision 3, as amended by this act, that relate to
the possession of chemical reagents or precursors with the
intent to manufacture methamphetamine and the penalties for
doing this into a new section of law codified as Minnesota
Statutes, section 152.0262. The revisor shall make any
necessary technical changes, including, but not limited to,
changes to statutory cross-references, to Minnesota Statutes,
section 152.021, and any other statutory sections to accomplish
this.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
5, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 2

METHAMPHETAMINE APPROPRIATIONS

Section 1. new text begin TOTAL APPROPRIATIONS.
new text end

The dollar amounts in the columns under "APPROPRIATIONS"
are appropriated to the specified agencies for the purposes
specified. The appropriations are from the general fund and are
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007" used in this article mean that the
addition to or subtraction from the appropriations listed under
the figure is for the fiscal years ending June 30, 2006, and
June 30, 2007, respectively.
SUMMARY

2006 2007 TOTAL

GENERAL $ 2,431,000 $ 2,776,000 $ 5,207,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. CORRECTIONS $ 351,000 $ 551,000

For the increased prison
population based on this act.

Sec. 3. BOARD OF PUBLIC DEFENSE 300,000 400,000

For a methamphetamine trial team.

Sec. 4. HUMAN SERVICES 300,000 300,000

For grants to counties to fund three
pilot projects addressing
methamphetamine.

A county seeking a grant under this
section shall submit a detailed
application to the commissioner that
specifies how the money will be used.
The application must demonstrate a
comprehensive countywide plan to combat
methamphetamine. At a minimum, this
plan must address how the county will
handle: (1) methamphetamine-related
child endangerment cases; (2)
methamphetamine-related cleanup and
remediation; (3) enforcing
methamphetamine-related criminal laws;
and (4) methamphetamine-related
treatment. To the extent possible, the
commissioner shall ensure that one
pilot project has an emphasis on
adolescents and one has a
maternal/early childhood emphasis.

Sec. 5. EMPLOYMENT AND
ECONOMIC DEVELOPMENT 250,000 250,000

To carry out the public facilities
authority's duties involving the
methamphetamine laboratory cleanup
revolving account under Minnesota
Statutes, section 446A.083. This is a
onetime appropriation.

Sec. 6. PUBLIC SAFETY 1,000,000 1,000,000

For ten Bureau of Criminal Apprehension
agents to be assigned exclusively to
methamphetamine enforcement, including
the investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.

Sec. 7. HEALTH 100,000 100,000

To provide technical assistance on
methamphetamine lab remediation.

Sec. 8. EDUCATION 50,000 75,000

To develop and distribute to school
districts materials addressing the
dangers of methamphetamine.

Sec. 9. DISTRICT COURTS 80,000 100,000

This appropriation is to fund the
increase in district court
methamphetamine caseloads.