Minnesota Legislature
SF 423
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to public safety; further regulating while 1.3 recodifying activities involving anhydrous ammonia; 1.4 requiring courts to order restitution in certain 1.5 situations involving controlled substances; imposing 1.6 property restrictions in certain situations involving 1.7 controlled substances; increasing the criminal 1.8 penalties for possessing certain substances with the 1.9 intent to manufacture methamphetamine and recodifying 1.10 this crime; establishing new methamphetamine-related 1.11 crimes; clarifying the definition of "narcotic drug"; 1.12 expanding the definition of "violent crime" for 1.13 mandatory sentencing purposes; requiring that vehicles 1.14 and other property used to manufacture methamphetamine 1.15 indicate this in the title or by an affidavit; 1.16 requiring notice to schools when children are taken 1.17 into protective custody after being found at a 1.18 methamphetamine laboratory; establishing a 1.19 methamphetamine laboratory cleanup revolving fund and 1.20 authorizing loans to assist counties and cities in 1.21 conducting methamphetamine cleanup; imposing criminal 1.22 penalties; providing for ten new Bureau of Criminal 1.23 Apprehension agents dedicated to methamphetamine 1.24 enforcement; appropriating money; amending Minnesota 1.25 Statutes 2004, sections 152.01, subdivision 10; 1.26 152.021, subdivisions 2a, 3; 168A.05, subdivision 3; 1.27 260C.171, by adding a subdivision; 609.1095, 1.28 subdivision 1; proposing coding for new law in 1.29 Minnesota Statutes, chapters 152; 446A; repealing 1.30 Minnesota Statutes 2004, sections 18C.005, 1.31 subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 1.32 18D.331, subdivision 5. 1.33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.34 ARTICLE 1 1.35 METHAMPHETAMINE PROVISIONS 1.36 Section 1. Minnesota Statutes 2004, section 152.01, 1.37 subdivision 10, is amended to read: 1.38 Subd. 10. [NARCOTIC DRUG.] "Narcotic drug" means any of 1.39 the following, whether produced directly or indirectly by 2.1 extraction from substances of vegetable origin, or independently 2.2 by means of chemical synthesis, or by a combination of 2.3 extraction and chemical synthesis: 2.4 (1) Opium, coca leaves,andopiates, and methamphetamine; 2.5 (2) A compound, manufacture, salt, derivative, or 2.6 preparation of opium, coca leaves,oropiates, or 2.7 methamphetamine; 2.8 (3) A substance, and any compound, manufacture, salt, 2.9 derivative, or preparation thereof, which is chemically 2.10 identical with any of the substances referred to in clauses (1) 2.11 and (2), except that the words "narcotic drug" as used in this 2.12 chapter shall not include decocainized coca leaves or extracts 2.13 of coca leaves, which extracts do not contain cocaine or 2.14 ecgonine. 2.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 2.16 and applies to crimes committed on or after that date. 2.17 Sec. 2. Minnesota Statutes 2004, section 152.021, 2.18 subdivision 2a, is amended to read: 2.19 Subd. 2a. [METHAMPHETAMINE MANUFACTURECRIMESCRIME; 2.20 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 2.21 METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 2.22 sections 152.022, subdivision 1, 152.023, subdivision 1, and 2.23 152.024, subdivision 1, a person is guilty of controlled 2.24 substance crime in the first degree if the person manufactures 2.25 any amount of methamphetamine. 2.26 (b)Notwithstanding paragraph (a) and section 609.17,A 2.27 person is guilty ofattempted manufacture of methamphetaminea 2.28 crime if the person possesses any chemical reagents or 2.29 precursors with the intent to manufacture methamphetamine. As 2.30 used in this section, "chemical reagents or precursors"refers2.31to one or moreincludes any of the following substances, or any 2.32 similar substances that can be used to manufacture 2.33 methamphetamine, ortheirthe salts, isomers, and salts of 2.34 isomers of a listed or similar substance: 2.35 (1) ephedrine; 2.36 (2) pseudoephedrine; 3.1 (3) phenyl-2-propanone; 3.2 (4) phenylacetone; 3.3 (5) anhydrous ammonia, as defined in section 18C.005,3.4subdivision 1a; 3.5 (6) organic solvents; 3.6 (7) hydrochloric acid; 3.7 (8) lithium metal; 3.8 (9) sodium metal; 3.9 (10) ether; 3.10 (11) sulfuric acid; 3.11 (12) red phosphorus; 3.12 (13) iodine; 3.13 (14) sodium hydroxide; 3.14 (15) benzaldehyde; 3.15 (16) benzyl methyl ketone; 3.16 (17) benzyl cyanide; 3.17 (18) nitroethane; 3.18 (19) methylamine; 3.19 (20) phenylacetic acid; 3.20 (21) hydriodic acid; or 3.21 (22) hydriotic acid. 3.22 [EFFECTIVE DATE.] This section is effective August 1, 2005, 3.23 and applies to crimes committed on or after that date. 3.24 Sec. 3. Minnesota Statutes 2004, section 152.021, 3.25 subdivision 3, is amended to read: 3.26 Subd. 3. [PENALTY.] (a) A person convicted under 3.27 subdivisions 1 to 2a, paragraph (a), may be sentenced to 3.28 imprisonment for not more than 30 years or to payment of a fine 3.29 of not more than $1,000,000, or both; a person convicted under 3.30 subdivision 2a, paragraph (b), may be sentenced to imprisonment 3.31 for not more thanthreeten years or to payment of a fine of not 3.32 more than$5,000$20,000, or both. 3.33 (b) If the conviction is a subsequent controlled substance 3.34 conviction, a person convicted under subdivisions 1 to 2a, 3.35 paragraph (a), shall be committed to the commissioner of 3.36 corrections for not less than four years nor more than 40 years 4.1 and, in addition, may be sentenced to payment of a fine of not 4.2 more than $1,000,000; a person convicted under subdivision 2a, 4.3 paragraph (b), may be sentenced to imprisonment for not more 4.4 thanfour15 years or to payment of a fine of not more than 4.5$5,000$30,000, or both. 4.6 (c) In a prosecution under subdivision 1 involving sales by 4.7 the same person in two or more counties within a 90-day period, 4.8 the person may be prosecuted for all of the sales in any county 4.9 in which one of the sales occurred. 4.10 [EFFECTIVE DATE.] This section is effective August 1, 2005, 4.11 and applies to crimes committed on or after that date. 4.12 Sec. 4. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 4.13 RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 4.14 Subdivision 1. [RESTITUTION.] (a) As used in this 4.15 subdivision: 4.16 (1) "clandestine lab site" means any structure or 4.17 conveyance or outdoor location occupied or affected by 4.18 conditions or chemicals typically associated with the 4.19 manufacturing of methamphetamine; 4.20 (2) "emergency response" includes, but is not limited to, 4.21 removing and collecting evidence, securing the site, removal, 4.22 remediation, and hazardous chemical assessment or inspection of 4.23 the site where the relevant offense or offenses took place, 4.24 regardless of whether these actions are performed by the public 4.25 entities themselves or by private contractors paid by the public 4.26 entities, or the property owner; 4.27 (3) "remediation" means proper cleanup, treatment, or 4.28 containment of hazardous substances or methamphetamine at or in 4.29 a clandestine lab site, and may include demolition or disposal 4.30 of structures or other property when an assessment so indicates; 4.31 and 4.32 (4) "removal" means the removal from the clandestine lab 4.33 site of precursor or waste chemicals, chemical containers, or 4.34 equipment associated with the manufacture, packaging, or storage 4.35 of illegal drugs. 4.36 (b) A court shall require a person convicted of 5.1 manufacturing or attempting to manufacture a controlled 5.2 substance or of an illegal activity involving a precursor 5.3 substance, where the response to the crime involved an emergency 5.4 response, to pay restitution to all public entities that 5.5 participated in the response. The restitution ordered must 5.6 cover the reasonable costs of their participation in the 5.7 response. 5.8 (c) In addition to the restitution required in paragraph 5.9 (b), a court shall require a person convicted of manufacturing 5.10 or attempting to manufacture a controlled substance or of 5.11 illegal activity involving a precursor substance to pay 5.12 restitution to a property owner who incurred removal or 5.13 remediation costs because of the crime. 5.14 (d) Notwithstanding paragraphs (b) and (c), if the court 5.15 finds that the convicted person is indigent or that payment of 5.16 the restitution would create undue hardship for the convicted 5.17 person's immediate family, the court may reduce the amount of 5.18 restitution to an appropriate level. 5.19 Subd. 2. [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 5.20 SITE.] (a) As used in this subdivision: 5.21 (1) "clandestine lab site" has the meaning given in 5.22 subdivision 1, paragraph (a); 5.23 (2) "property" includes buildings and other structures, and 5.24 motor vehicles as defined in section 609.487, subdivision 2a. 5.25 Property also includes real property whether publicly or 5.26 privately owned and public waters and rights-of-way; 5.27 (3) "remediation" has the meaning given in subdivision 1, 5.28 paragraph (a); and 5.29 (4) "removal" has the meaning given in subdivision 1, 5.30 paragraph (a). 5.31 (b) A peace officer who arrests a person at a clandestine 5.32 lab site shall notify the appropriate county or local health 5.33 department, state duty officer, and child protection services of 5.34 the arrest and the location of the site. 5.35 (c) A county or local health department or sheriff shall 5.36 order that all property that has been found to be a clandestine 6.1 lab site and contaminated by substances, chemicals, or items of 6.2 any kind used in the manufacture of methamphetamine or any part 6.3 of the manufacturing process, or the by-products or degradates 6.4 of manufacturing methamphetamine be prohibited from being 6.5 occupied, rented, sold, or used until it has been assessed and 6.6 remediated as provided in the Department of Health's clandestine 6.7 drug labs general cleanup guidelines. 6.8 (d) Unless clearly inapplicable, the procedures specified 6.9 in chapter 145A and any related rules adopted under that chapter 6.10 addressing the enforcement of public health laws, the removal 6.11 and abatement of public health nuisances, and the remedies 6.12 available to property owners or occupants apply to this 6.13 subdivision. 6.14 (e) Upon the proper removal and remediation of any property 6.15 used as a clandestine lab site, the contractor shall verify to 6.16 the applicable authority that issued the order under paragraph 6.17 (c) that the work was completed according to the Department of 6.18 Health's clandestine drug labs general cleanup guidelines and 6.19 best practices and that levels of contamination have been 6.20 reduced to levels set forth in the guidelines. Following this, 6.21 the applicable authority shall vacate its order. 6.22 (f) If the applicable authority determines under paragraph 6.23 (c) that a motor vehicle has been contaminated by substances, 6.24 chemicals, or items of any kind used in the manufacture of 6.25 methamphetamine or any part of the manufacturing process, or the 6.26 by-products or degradates of manufacturing methamphetamine and 6.27 if the authority is able to obtain the certificate of title for 6.28 the motor vehicle, the authority shall notify the registrar of 6.29 motor vehicles of this fact and in addition, forward the 6.30 certificate of title to the registrar. The authority shall also 6.31 notify the registrar when it vacates its order under paragraph 6.32 (e). 6.33 (g) The applicable authority issuing an order under 6.34 paragraph (c) shall record with the county recorder or registrar 6.35 of titles of the county where the clandestine lab is located an 6.36 affidavit containing a legal description of the property where 7.1 the clandestine lab was located that discloses to any potential 7.2 transferee: 7.3 (1) that the land was the site of a clandestine lab; 7.4 (2) the location, condition, and circumstances of the 7.5 clandestine lab, to the full extent known or reasonably 7.6 ascertainable; and 7.7 (3) that the use of the property or some portion of it may 7.8 be restricted as provided by paragraph (c). 7.9 If the authority vacates its order under paragraph (e), the 7.10 authority shall record an affidavit noting this fact. 7.11 (h) Unless an affidavit has already been filed under 7.12 paragraph (g), before any transfer of ownership of any property 7.13 that the owner knew or should have known had been used as a 7.14 clandestine lab site and contaminated by substances, chemicals, 7.15 or items of any kind used in the manufacture of methamphetamine 7.16 or any part of the manufacturing process, or the by-products or 7.17 degradates of manufacturing methamphetamine, regardless of when 7.18 this occurred or whether an order under paragraph (c) had been 7.19 issued, the owner shall record with the county recorder or 7.20 registrar of titles of the county in which the property is 7.21 located an affidavit containing the information required under 7.22 paragraph (g), clauses (1) and (2). Any person who violates 7.23 this paragraph is guilty of a petty misdemeanor. 7.24 (i) If proper removal and remediation has occurred on the 7.25 property, an interested party may record an affidavit indicating 7.26 that this has occurred. Failure to record such an affidavit 7.27 does not affect or prevent any transfer of ownership of the 7.28 property. 7.29 (j) The county recorder or registrar of titles must record 7.30 all affidavits presented under paragraph (g), (h), or (i) in a 7.31 manner that assures their disclosure in the ordinary course of a 7.32 title search of the subject property. 7.33 (k) The commissioner of health shall post on the Internet 7.34 contact information for each local community health services 7.35 administrator. 7.36 (l) Each local community health services administrator 8.1 shall maintain information related to property within the 8.2 administrator's jurisdiction that is currently or was previously 8.3 subject to an order issued under paragraph (c). The information 8.4 maintained must include the location of the property, the extent 8.5 of the contamination, the status of the removal and remediation 8.6 work on the property, and whether the order has been vacated. 8.7 The administrator shall make this information available to the 8.8 public either upon request or by other means. 8.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 8.10 and applies to crimes committed on or after that date. 8.11 Sec. 5. [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 8.12 CRIMINAL PENALTIES; CIVIL LIABILITY.] 8.13 Subdivision 1. [DEFINITIONS.] As used in this section, 8.14 "tamper" means action taken by a person not authorized to take 8.15 that action by law or by the owner or authorized custodian of an 8.16 anhydrous ammonia container or of equipment where anhydrous 8.17 ammonia is used, stored, distributed, or transported. 8.18 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not: 8.19 (1) steal or unlawfully take or carry away any amount of 8.20 anhydrous ammonia; 8.21 (2) purchase, possess, transfer, or distribute any amount 8.22 of anhydrous ammonia, knowing, or having reason to know, that it 8.23 will be used to unlawfully manufacture a controlled substance; 8.24 (3) place, have placed, or possess anhydrous ammonia in a 8.25 container that is not designed, constructed, maintained, and 8.26 authorized to contain or transport anhydrous ammonia; 8.27 (4) transport anhydrous ammonia in a container that is not 8.28 designed, constructed, maintained, and authorized to transport 8.29 anhydrous ammonia; 8.30 (5) use, deliver, receive, sell, or transport a container 8.31 designed and constructed to contain anhydrous ammonia without 8.32 the express consent of the owner or authorized custodian of the 8.33 container; or 8.34 (6) tamper with any equipment or facility used to contain, 8.35 store, or transport anhydrous ammonia. 8.36 (b) For the purposes of this subdivision, containers 9.1 designed and constructed for the storage and transport of 9.2 anhydrous ammonia are described in rules adopted under section 9.3 18C.121, subdivision 1, or in Code of Federal Regulations, title 9.4 49. 9.5 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in 9.6 paragraph (b), a person tampering with anhydrous ammonia 9.7 containers or equipment under subdivision 2 shall have no cause 9.8 of action for damages arising out of the tampering against: 9.9 (1) the owner or lawful custodian of the container or 9.10 equipment; 9.11 (2) a person responsible for the installation or 9.12 maintenance of the container or equipment; or 9.13 (3) a person lawfully selling or offering for sale the 9.14 anhydrous ammonia. 9.15 (b) Paragraph (a) does not apply to a cause of action 9.16 against a person who unlawfully obtained the anhydrous ammonia 9.17 or anhydrous ammonia container or who possesses the anhydrous 9.18 ammonia or anhydrous ammonia container for any unlawful purpose. 9.19 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly 9.20 violates subdivision 2 is guilty of a felony and may be 9.21 sentenced to imprisonment for not more than five years or to 9.22 payment of a fine of not more than $50,000, or both. 9.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 9.24 and applies to crimes committed on or after that date. 9.25 Sec. 6. [152.137] [METHAMPHETAMINE-RELATED CRIMES 9.26 INVOLVING CHILDREN AND VULNERABLE ADULTS.] 9.27 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 9.28 the following terms have the meanings given. 9.29 (b) "Chemical substance" means a substance intended to be 9.30 used as a precursor in the manufacture of methamphetamine or any 9.31 other chemical intended to be used in the manufacture of 9.32 methamphetamine. 9.33 (c) "Child" means any person under the age of 18 years. 9.34 (d) "Methamphetamine paraphernalia" means all equipment, 9.35 products, and materials of any kind that are used, intended for 9.36 use, or designed for use in manufacturing, injecting, ingesting, 10.1 inhaling, or otherwise introducing methamphetamine into the 10.2 human body. 10.3 (e) "Methamphetamine waste products" means substances, 10.4 chemicals, or items of any kind used in the manufacture of 10.5 methamphetamine or any part of the manufacturing process, or the 10.6 by-products or degradates of manufacturing methamphetamine. 10.7 (f) "Vulnerable adult" has the meaning given in section 10.8 609.232, subdivision 11. 10.9 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly 10.10 engage in any of the following activities in the presence of a 10.11 child or vulnerable adult; in the residence of a child or a 10.12 vulnerable adult; in a building, structure, conveyance, or 10.13 outdoor location where a child or vulnerable adult might 10.14 reasonably be expected to be present; in a room offered to the 10.15 public for overnight accommodation; or in any multiple unit 10.16 residential building: 10.17 (1) manufacturing or attempting to manufacture 10.18 methamphetamine; 10.19 (2) storing any chemical substance; 10.20 (3) storing any methamphetamine waste products; or 10.21 (4) storing any methamphetamine paraphernalia. 10.22 (b) No person may knowingly cause or permit a child or 10.23 vulnerable adult to inhale, be exposed to, have contact with, or 10.24 ingest methamphetamine, a chemical substance, or methamphetamine 10.25 paraphernalia. 10.26 Subd. 3. [CRIMINAL PENALTY.] A person who violates 10.27 subdivision 2 is guilty of a felony and may be sentenced to 10.28 imprisonment for not more than five years or to payment of a 10.29 fine of not more than $10,000, or both. 10.30 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections 10.31 609.035 and 609.04, a prosecution for or conviction under this 10.32 section is not a bar to conviction of or punishment for any 10.33 other crime committed by the defendant as part of the same 10.34 conduct. 10.35 Subd. 5. [PROTECTIVE CUSTODY.] A peace officer may take 10.36 any child present in an area where any of the activities 11.1 described in subdivision 2, paragraph (a), clauses (1) to (4), 11.2 are taking place into protective custody in accordance with 11.3 section 260C.175, subdivision 1, paragraph (b), clause (2). A 11.4 child taken into protective custody under this subdivision shall 11.5 be provided health screening to assess potential health concerns 11.6 related to methamphetamine as provided in section 260C.188. A 11.7 child not taken into protective custody under this subdivision 11.8 but who is known to have been exposed to methamphetamine shall 11.9 be offered health screening for potential health concerns 11.10 related to methamphetamine as provided in section 260C.188. 11.11 Subd. 6. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 11.12 A peace officer shall make a report of suspected maltreatment of 11.13 a vulnerable adult if the vulnerable adult is present in an area 11.14 where any of the activities described in subdivision 2, 11.15 paragraph (a), clauses (1) to (4), are taking place, and the 11.16 peace officer has reason to believe the vulnerable adult 11.17 inhaled, was exposed to, had contact with, or ingested 11.18 methamphetamine, a chemical substance, or methamphetamine 11.19 paraphernalia. The peace officer shall immediately report to 11.20 the county common entry point as described in section 626.557, 11.21 subdivision 9b. 11.22 (b) As required in section 626.557, subdivision 9b, law 11.23 enforcement is the primary agency to conduct investigations of 11.24 any incident when there is reason to believe a crime has been 11.25 committed. Law enforcement shall initiate a response 11.26 immediately. If the common entry point notified a county agency 11.27 for adult protective services, law enforcement shall cooperate 11.28 with that county agency when both agencies are involved and 11.29 shall exchange data to the extent authorized in section 626.557, 11.30 subdivision 12b, paragraph (g). County adult protection shall 11.31 initiate a response immediately. 11.32 (c) The county social services agency shall immediately 11.33 respond as required in section 626.557, subdivision 10, upon 11.34 receipt of a report from the common entry point staff. 11.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 11.36 and applies to crimes committed on or after that date. 12.1 Sec. 7. Minnesota Statutes 2004, section 168A.05, 12.2 subdivision 3, is amended to read: 12.3 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 12.4 title issued by the department shall contain: 12.5 (1) the date issued; 12.6 (2) the first, middle, and last names, the dates of birth, 12.7 and addresses of all owners who are natural persons, the full 12.8 names and addresses of all other owners; 12.9 (3) the names and addresses of any secured parties in the 12.10 order of priority as shown on the application, or if the 12.11 application is based on a certificate of title, as shown on the 12.12 certificate, or as otherwise determined by the department; 12.13 (4) any liens filed pursuant to a court order or by a 12.14 public agency responsible for child support enforcement against 12.15 the owner; 12.16 (5) the title number assigned to the vehicle; 12.17 (6) a description of the vehicle including, so far as the 12.18 following data exists, its make, model, year, identifying 12.19 number, type of body, whether new or used, and if a new vehicle, 12.20 the date of the first sale of the vehicle for use; 12.21 (7) with respect to motor vehicles subject to the 12.22 provisions of section 325E.15, the true cumulative mileage 12.23 registered on the odometer or that the actual mileage is unknown 12.24 if the odometer reading is known by the owner to be different 12.25 from the true mileage; 12.26 (8) with respect to vehicles subject to sections 325F.6641 12.27 and 325F.6642, the appropriate term "flood damaged," "rebuilt," 12.28 "prior salvage," or "reconstructed";and12.29 (9) with respect to a vehicle contaminated by 12.30 methamphetamine production, if the registrar has received the 12.31 certificate of title and notice described in section 152.0275, 12.32 subdivision 2, paragraph (f), the term "hazardous waste 12.33 contaminated vehicle"; and 12.34 (10) any other data the department prescribes. 12.35 [EFFECTIVE DATE.] This section is effective August 1, 2005. 12.36 Sec. 8. Minnesota Statutes 2004, section 260C.171, is 13.1 amended by adding a subdivision to read: 13.2 Subd. 6. [NOTICE TO SCHOOL.] (a) As used in this 13.3 subdivision, the following terms have the meanings given. 13.4 "Chemical substance," "methamphetamine paraphernalia," and 13.5 "methamphetamine waste products" have the meanings given in 13.6 section 152.137, subdivision 1. "School" means a charter school 13.7 or a school as defined in section 120A.22, subdivision 4, except 13.8 a home school. 13.9 (b) If a child has been taken into protective custody after 13.10 being found in an area where methamphetamine was being 13.11 manufactured or attempted to be manufactured or where any 13.12 chemical substances, methamphetamine paraphernalia, or 13.13 methamphetamine waste products were stored, and the child is 13.14 enrolled in school, the officer who took the child into custody 13.15 shall notify the chief administrative officer of the child's 13.16 school of this fact. 13.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 13.18 and applies to acts occurring on or after that date. 13.19 Sec. 9. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 13.20 REVOLVING FUND.] 13.21 Subdivision 1. [DEFINITIONS.] As used in this section: 13.22 (1) "clandestine lab site" has the meaning given in section 13.23 152.0275, subdivision 1, paragraph (a); 13.24 (2) "property" has the meaning given in section 152.0275, 13.25 subdivision 2, paragraph (a), but does not include motor 13.26 vehicles; and 13.27 (3) "remediate" has the meaning given to remediation in 13.28 section 152.0275, subdivision 1, paragraph (a). 13.29 Subd. 2. [FUND ESTABLISHED.] The authority shall establish 13.30 a methamphetamine laboratory cleanup revolving fund to provide 13.31 loans to counties and cities to remediate clandestine lab 13.32 sites. The fund must be credited with repayments. 13.33 Subd. 3. [APPLICATIONS.] Applications by a county or city 13.34 for a loan from the fund must be made to the authority on the 13.35 forms prescribed by the authority. The application must 13.36 include, but is not limited to: 14.1 (1) the amount of the loan requested and the proposed use 14.2 of the loan proceeds; 14.3 (2) the source of revenues to repay the loan; and 14.4 (3) certification by the county or city that it meets the 14.5 loan eligibility requirements of subdivision 4. 14.6 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible 14.7 for a loan under this section if the county or city: 14.8 (1) identifies a site or sites designated by a local public 14.9 health department or law enforcement as a clandestine lab site; 14.10 (2) has required the site's property owner to remediate the 14.11 site at cost, under chapter 145A or a local public health 14.12 nuisance ordinance that addresses clandestine lab remediation; 14.13 (3) certifies that the property owner cannot pay for the 14.14 remediation immediately; 14.15 (4) certifies that the property owner has not properly 14.16 remediated the site; and 14.17 (5) issues a revenue bond payable to the authority to 14.18 secure the loan. 14.19 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 14.20 OWNER.] (a) A loan recipient shall use the loan to remediate the 14.21 clandestine lab site or if this has already been done to 14.22 reimburse the applicable county or city fund for costs paid by 14.23 the recipient to remediate the clandestine lab site. 14.24 (b) A loan recipient shall seek reimbursement from the 14.25 owner of the property containing the clandestine lab site for 14.26 the costs of the remediation. In addition to other lawful means 14.27 of seeking reimbursement, the loan recipient may recover its 14.28 costs through a property tax assessment by following the 14.29 procedures specified in section 145A.08, subdivision 2, 14.30 paragraph (c). 14.31 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority 14.32 shall award loans to recipients on a first-come, first-served 14.33 basis, provided that the recipient is able to comply with the 14.34 terms and conditions of the authority loan, which must be in 14.35 conformance with this section. The authority shall make a 14.36 single disbursement of the loan upon receipt of a payment 15.1 request that includes a list of remediation expenses and 15.2 evidence that a second-party sampling was undertaken to ensure 15.3 that the remediation work was successful or a guarantee that 15.4 such a sampling will be undertaken. 15.5 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making 15.6 loans from the revolving fund, the authority shall comply with 15.7 the criteria in paragraphs (b) to (e). 15.8 (b) Loans must be made at a two percent per annum interest 15.9 rate for terms not to exceed ten years unless the recipient 15.10 requests a 20-year term due to financial hardship. 15.11 (c) The annual principal and interest payments must begin 15.12 no later than one year after completion of the clean up. Loans 15.13 must be amortized no later than 20 years after completion of the 15.14 clean up. 15.15 (d) A loan recipient must identify and establish a source 15.16 of revenue for repayment of the loan and must undertake whatever 15.17 steps are necessary to collect payments within one year of 15.18 receipt of funds from the authority. 15.19 (e) The fund must be credited with all payments of 15.20 principal and interest on all loans, except the costs as 15.21 permitted under section 446A.04, subdivision 5, paragraph (a). 15.22 (f) Loans must be made only to recipients with clandestine 15.23 lab ordinances that address remediation. 15.24 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities 15.25 may incur debt under this section by resolution of the board or 15.26 council authorizing issuance of a revenue bond to the authority. 15.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 15.28 Sec. 10. Minnesota Statutes 2004, section 609.1095, 15.29 subdivision 1, is amended to read: 15.30 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 15.31 the following terms have the meanings given. 15.32 (b) "Conviction" means any of the following accepted and 15.33 recorded by the court: a plea of guilty, a verdict of guilty by 15.34 a jury, or a finding of guilty by the court. The term includes 15.35 a conviction by any court in Minnesota or another jurisdiction. 15.36 (c) "Prior conviction" means a conviction that occurred 16.1 before the offender committed the next felony resulting in a 16.2 conviction and before the offense for which the offender is 16.3 being sentenced under this section. 16.4 (d) "Violent crime" means a violation of or an attempt or 16.5 conspiracy to violate any of the following laws of this state or 16.6 any similar laws of the United States or any other state: 16.7sectionsections 152.137; 609.165; 609.185; 609.19; 609.195; 16.8 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 16.9 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 16.10 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 16.11 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 16.12 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 16.13 1e; 609.687; and 609.855, subdivision 5; any provision of 16.14 sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 16.15 punishable by a felony penalty; or any provision of chapter 152 16.16 that is punishable by a maximum sentence of 15 years or more. 16.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 16.18 and applies to crimes committed on or after that date. 16.19 Sec. 11. [REVISOR'S INSTRUCTION.] 16.20 The revisor of statutes shall recodify the provisions of 16.21 Minnesota Statutes, section 152.021, subdivision 2a, paragraph 16.22 (b), and subdivision 3, as amended by this act, that relate to 16.23 the possession of chemical reagents or precursors with the 16.24 intent to manufacture methamphetamine and the penalties for 16.25 doing this into a new section of law codified as Minnesota 16.26 Statutes, section 152.0262. The revisor shall make any 16.27 necessary technical changes, including, but not limited to, 16.28 changes to statutory cross-references, to Minnesota Statutes, 16.29 section 152.021, and any other statutory sections to accomplish 16.30 this. 16.31 Sec. 12. [REPEALER.] 16.32 Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 16.33 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 16.34 5, are repealed. 16.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 16.36 and applies to crimes committed on or after that date. 17.1 ARTICLE 2 17.2 METHAMPHETAMINE APPROPRIATIONS 17.3 Section 1. [TOTAL APPROPRIATIONS.] 17.4 The dollar amounts in the columns under "APPROPRIATIONS" 17.5 are appropriated to the specified agencies for the purposes 17.6 specified. The appropriations are from the general fund and are 17.7 available for the fiscal years indicated for each purpose. The 17.8 figures "2006" and "2007" used in this article mean that the 17.9 addition to or subtraction from the appropriations listed under 17.10 the figure is for the fiscal years ending June 30, 2006, and 17.11 June 30, 2007, respectively. 17.12 SUMMARY 17.13 2006 2007 TOTAL 17.14 GENERAL $.,...,...,... $.,...,...,... $.,...,...,... 17.15 APPROPRIATIONS 17.16 Available for the Year 17.17 Ending June 30 17.18 2006 2007 17.19 Sec. 2. CORRECTIONS 17.20 For the increased prison 17.21 population based on this act. $ ....... $ ....... 17.22 Sec. 3. BOARD OF PUBLIC DEFENSE ....... ....... 17.23 For a methamphetamine trial team. 17.24 Sec. 4. HUMAN SERVICES ....... ....... 17.25 For grants to counties to fund three 17.26 pilot projects addressing 17.27 methamphetamine. 17.28 A county seeking a grant under this 17.29 section shall submit a detailed 17.30 application to the commissioner that 17.31 specifies how the money will be used. 17.32 The application must demonstrate a 17.33 comprehensive countywide plan to combat 17.34 methamphetamine. At a minimum, this 17.35 plan must address how the county will 17.36 handle: (1) methamphetamine-related 17.37 child endangerment cases; (2) 17.38 methamphetamine-related cleanup and 17.39 remediation; (3) enforcing 17.40 methamphetamine-related criminal laws; 17.41 and (4) methamphetamine-related 17.42 treatment. To the extent possible, the 17.43 commissioner shall ensure that one 17.44 pilot project has an emphasis on 17.45 adolescents and one has a 17.46 maternal/early childhood emphasis. 17.47 Sec. 5. EMPLOYMENT AND 17.48 ECONOMIC DEVELOPMENT ....... ....... 18.1 To carry out the public facilities 18.2 authority's duties involving the 18.3 methamphetamine laboratory cleanup 18.4 revolving fund under Minnesota 18.5 Statutes, section 446A.083. 18.6 Sec. 6. PUBLIC SAFETY ......... ......... 18.7 For ten Bureau of Criminal Apprehension 18.8 agents to be assigned exclusively to 18.9 methamphetamine enforcement, including 18.10 the investigation of manufacturing and 18.11 distributing methamphetamine and 18.12 related violence. These appropriations 18.13 are intended to increase the current 18.14 allocation of Bureau of Criminal 18.15 Apprehension resources dedicated to 18.16 methamphetamine enforcement. Positions 18.17 funded by these appropriations may not 18.18 supplant existing agent assignments or 18.19 positions. 18.20 Sec. 7. HEALTH ....... ....... 18.21 To provide technical assistance on 18.22 methamphetamine lab remediation. 18.23 Sec. 8. EDUCATION ....... ....... 18.24 To develop and distribute to school 18.25 districts materials addressing the 18.26 dangers of methamphetamine.