Minnesota Legislature
SF 423
2nd 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" means publicly or privately owned real 5.24 property including buildings and other structures, motor 5.25 vehicles as defined in section 609.487, subdivision 2a, public 5.26 waters, and public 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 any property or portion of a property that has been 6.1 found to be a clandestine lab site and contaminated by 6.2 substances, chemicals, or items of any kind used in the 6.3 manufacture of methamphetamine or any part of the manufacturing 6.4 process, or the by-products or degradates of manufacturing 6.5 methamphetamine be prohibited from being occupied or used until 6.6 it has been assessed and remediated as provided in the 6.7 Department of Health's clandestine drug labs general cleanup 6.8 guidelines. The remediation shall be accomplished by a 6.9 contractor who will make the verification required under 6.10 paragraph (e). 6.11 (d) Unless clearly inapplicable, the procedures specified 6.12 in chapter 145A and any related rules adopted under that chapter 6.13 addressing the enforcement of public health laws, the removal 6.14 and abatement of public health nuisances, and the remedies 6.15 available to property owners or occupants apply to this 6.16 subdivision. 6.17 (e) Upon the proper removal and remediation of any property 6.18 used as a clandestine lab site, the contractor shall verify to 6.19 the applicable authority that issued the order under paragraph 6.20 (c) that the work was completed according to the Department of 6.21 Health's clandestine drug labs general cleanup guidelines and 6.22 best practices and that levels of contamination have been 6.23 reduced to levels set forth in the guidelines. The contractor 6.24 shall provide the verification to the property owner and the 6.25 applicable authority within five days from the completion of the 6.26 remediation. Following this, the applicable authority shall 6.27 vacate its order. 6.28 (f) If a contractor issues a verification and the property 6.29 was not remediated according to the Department of Health's 6.30 clandestine drug labs general cleanup guidelines or the levels 6.31 of contamination were not reduced to levels set forth in the 6.32 guidelines, the contractor is liable to the property owner for 6.33 the additional costs relating to the proper remediation of the 6.34 property according to the guidelines and reducing the levels of 6.35 contamination to levels set in the guidelines and for reasonable 6.36 attorney fees for collection of costs by the property owner. An 7.1 action under this paragraph must be commenced within six years 7.2 from the date on which the verification was issued by the 7.3 contractor. 7.4 (g) If the applicable authority determines under paragraph 7.5 (c) that a motor vehicle has been contaminated by substances, 7.6 chemicals, or items of any kind used in the manufacture of 7.7 methamphetamine or any part of the manufacturing process, or the 7.8 by-products or degradates of manufacturing methamphetamine and 7.9 if the authority is able to obtain the certificate of title for 7.10 the motor vehicle, the authority shall notify the registrar of 7.11 motor vehicles of this fact and in addition, forward the 7.12 certificate of title to the registrar. The authority shall also 7.13 notify the registrar when it vacates its order under paragraph 7.14 (e). 7.15 (h) The applicable authority issuing an order under 7.16 paragraph (c) shall record with the county recorder or registrar 7.17 of titles of the county where the clandestine lab is located an 7.18 affidavit containing the name of the owner, a legal description 7.19 of the property where the clandestine lab was located, and a map 7.20 drawn from available information showing the boundary of the 7.21 property and the location of the contaminated area on the 7.22 property that is prohibited from being occupied or used that 7.23 discloses to any potential transferee: 7.24 (1) that the property, or a portion of the property, was 7.25 the site of a clandestine lab; 7.26 (2) the location, condition, and circumstances of the 7.27 clandestine lab, to the full extent known or reasonably 7.28 ascertainable; and 7.29 (3) that the use of the property or some portion of it may 7.30 be restricted as provided by paragraph (c). 7.31 If an inaccurate drawing or description is filed, the authority, 7.32 on request of the owner or another interested person, shall file 7.33 a supplemental affidavit with a corrected drawing or description. 7.34 If the authority vacates its order under paragraph (e), the 7.35 authority shall record an affidavit that contains the recording 7.36 information of the above affidavit and states that the order is 8.1 vacated. Upon filing the affidavit vacating the order, the 8.2 affidavit and the affidavit filed under this paragraph, together 8.3 with the information set forth in the affidavits, cease to 8.4 constitute either actual or constructive notice. 8.5 (i) If proper removal and remediation has occurred on the 8.6 property, an interested party may record an affidavit indicating 8.7 that this has occurred. Upon filing the affidavit described in 8.8 this paragraph, the affidavit and the affidavit filed under 8.9 paragraph (h), together with the information set forth in the 8.10 affidavits, cease to constitute either actual or constructive 8.11 notice. Failure to record an affidavit under this section does 8.12 not affect or prevent any transfer of ownership of the property. 8.13 (j) The county recorder or registrar of titles must record 8.14 all affidavits presented under paragraph (h) or (i) in a manner 8.15 that assures their disclosure in the ordinary course of a title 8.16 search of the subject property. 8.17 (k) The commissioner of health shall post on the Internet 8.18 contact information for each local community health services 8.19 administrator. 8.20 (l) Each local community health services administrator 8.21 shall maintain information related to property within the 8.22 administrator's jurisdiction that is currently or was previously 8.23 subject to an order issued under paragraph (c). The information 8.24 maintained must include the name of the owner, the location of 8.25 the property, the extent of the contamination, the status of the 8.26 removal and remediation work on the property, and whether the 8.27 order has been vacated. The administrator shall make this 8.28 information available to the public either upon request or by 8.29 other means. 8.30 (m) Before signing an agreement to sell or transfer real 8.31 property, the seller or transferor must disclose in writing to 8.32 the buyer or transferee if, to the seller's or transferor's 8.33 knowledge, methamphetamine production has occurred on the 8.34 property. If methamphetamine production has occurred on the 8.35 property, the disclosure shall include a statement to the buyer 8.36 or transferee informing the buyer or transferee: 9.1 (1) whether an order has been issued on the property as 9.2 described in paragraph (c); 9.3 (2) whether any orders issued against the property under 9.4 paragraph (c) have been vacated under paragraph (i); or 9.5 (3) if there was no order issued against the property and 9.6 the seller or transferor is aware that methamphetamine 9.7 production has occurred on the property, the status of removal 9.8 and remediation on the property. 9.9 Unless the buyer or transferee and seller or transferor 9.10 agree to the contrary in writing before the closing of the sale, 9.11 a seller or transferor who fails to disclose, to the best of 9.12 their knowledge, at the time of sale any of the facts required 9.13 above, and who knew or had reason to know of methamphetamine 9.14 production on the property, is liable to the buyer or transferee 9.15 for: 9.16 (1) costs relating to remediation of the property according 9.17 to the Department of Health's clandestine drug labs general 9.18 cleanup guidelines and best practices so that contamination is 9.19 reduced to levels set forth in the guidelines; and 9.20 (2) reasonable attorney fees for collection of costs from 9.21 the seller or transferor. 9.22 An action under this paragraph must be commenced within six 9.23 years after the date on which the buyer or transferee closed the 9.24 purchase or transfer of the real property where the 9.25 methamphetamine production occurred. 9.26 [EFFECTIVE DATE.] This section is effective January 1, 9.27 2006, and applies to crimes committed on or after that date. 9.28 Sec. 5. [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 9.29 CRIMINAL PENALTIES; CIVIL LIABILITY.] 9.30 Subdivision 1. [DEFINITIONS.] As used in this section, 9.31 "tamper" means action taken by a person not authorized to take 9.32 that action by law or by the owner or authorized custodian of an 9.33 anhydrous ammonia container or of equipment where anhydrous 9.34 ammonia is used, stored, distributed, or transported. 9.35 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not: 9.36 (1) steal or unlawfully take or carry away any amount of 10.1 anhydrous ammonia; 10.2 (2) purchase, possess, transfer, or distribute any amount 10.3 of anhydrous ammonia, knowing, or having reason to know, that it 10.4 will be used to unlawfully manufacture a controlled substance; 10.5 (3) place, have placed, or possess anhydrous ammonia in a 10.6 container that is not designed, constructed, maintained, and 10.7 authorized to contain or transport anhydrous ammonia; 10.8 (4) transport anhydrous ammonia in a container that is not 10.9 designed, constructed, maintained, and authorized to transport 10.10 anhydrous ammonia; 10.11 (5) use, deliver, receive, sell, or transport a container 10.12 designed and constructed to contain anhydrous ammonia without 10.13 the express consent of the owner or authorized custodian of the 10.14 container; or 10.15 (6) tamper with any equipment or facility used to contain, 10.16 store, or transport anhydrous ammonia. 10.17 (b) For the purposes of this subdivision, containers 10.18 designed and constructed for the storage and transport of 10.19 anhydrous ammonia are described in rules adopted under section 10.20 18C.121, subdivision 1, or in Code of Federal Regulations, title 10.21 49. 10.22 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in 10.23 paragraph (b), a person tampering with anhydrous ammonia 10.24 containers or equipment under subdivision 2 shall have no cause 10.25 of action for damages arising out of the tampering against: 10.26 (1) the owner or lawful custodian of the container or 10.27 equipment; 10.28 (2) a person responsible for the installation or 10.29 maintenance of the container or equipment; or 10.30 (3) a person lawfully selling or offering for sale the 10.31 anhydrous ammonia. 10.32 (b) Paragraph (a) does not apply to a cause of action 10.33 against a person who unlawfully obtained the anhydrous ammonia 10.34 or anhydrous ammonia container or who possesses the anhydrous 10.35 ammonia or anhydrous ammonia container for any unlawful purpose. 10.36 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly 11.1 violates subdivision 2 is guilty of a felony and may be 11.2 sentenced to imprisonment for not more than five years or to 11.3 payment of a fine of not more than $50,000, or both. 11.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 11.5 and applies to crimes committed on or after that date. 11.6 Sec. 6. [152.137] [METHAMPHETAMINE-RELATED CRIMES 11.7 INVOLVING CHILDREN AND VULNERABLE ADULTS.] 11.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 11.9 the following terms have the meanings given. 11.10 (b) "Chemical substance" means a substance intended to be 11.11 used as a precursor in the manufacture of methamphetamine or any 11.12 other chemical intended to be used in the manufacture of 11.13 methamphetamine. 11.14 (c) "Child" means any person under the age of 18 years. 11.15 (d) "Methamphetamine paraphernalia" means all equipment, 11.16 products, and materials of any kind that are used, intended for 11.17 use, or designed for use in manufacturing, injecting, ingesting, 11.18 inhaling, or otherwise introducing methamphetamine into the 11.19 human body. 11.20 (e) "Methamphetamine waste products" means substances, 11.21 chemicals, or items of any kind used in the manufacture of 11.22 methamphetamine or any part of the manufacturing process, or the 11.23 by-products or degradates of manufacturing methamphetamine. 11.24 (f) "Vulnerable adult" has the meaning given in section 11.25 609.232, subdivision 11. 11.26 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly 11.27 engage in any of the following activities in the presence of a 11.28 child or vulnerable adult; in the residence of a child or a 11.29 vulnerable adult; in a building, structure, conveyance, or 11.30 outdoor location where a child or vulnerable adult might 11.31 reasonably be expected to be present; in a room offered to the 11.32 public for overnight accommodation; or in any multiple unit 11.33 residential building: 11.34 (1) manufacturing or attempting to manufacture 11.35 methamphetamine; 11.36 (2) storing any chemical substance; 12.1 (3) storing any methamphetamine waste products; or 12.2 (4) storing any methamphetamine paraphernalia. 12.3 (b) No person may knowingly cause or permit a child or 12.4 vulnerable adult to inhale, be exposed to, have contact with, or 12.5 ingest methamphetamine, a chemical substance, or methamphetamine 12.6 paraphernalia. 12.7 Subd. 3. [CRIMINAL PENALTY.] A person who violates 12.8 subdivision 2 is guilty of a felony and may be sentenced to 12.9 imprisonment for not more than five years or to payment of a 12.10 fine of not more than $10,000, or both. 12.11 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections 12.12 609.035 and 609.04, a prosecution for or conviction under this 12.13 section is not a bar to conviction of or punishment for any 12.14 other crime committed by the defendant as part of the same 12.15 conduct. 12.16 Subd. 5. [PROTECTIVE CUSTODY.] A peace officer may take 12.17 any child present in an area where any of the activities 12.18 described in subdivision 2, paragraph (a), clauses (1) to (4), 12.19 are taking place into protective custody in accordance with 12.20 section 260C.175, subdivision 1, paragraph (b), clause (2). A 12.21 child taken into protective custody under this subdivision shall 12.22 be provided health screening to assess potential health concerns 12.23 related to methamphetamine as provided in section 260C.188. A 12.24 child not taken into protective custody under this subdivision 12.25 but who is known to have been exposed to methamphetamine shall 12.26 be offered health screening for potential health concerns 12.27 related to methamphetamine as provided in section 260C.188. 12.28 Subd. 6. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 12.29 A peace officer shall make a report of suspected maltreatment of 12.30 a vulnerable adult if the vulnerable adult is present in an area 12.31 where any of the activities described in subdivision 2, 12.32 paragraph (a), clauses (1) to (4), are taking place, and the 12.33 peace officer has reason to believe the vulnerable adult 12.34 inhaled, was exposed to, had contact with, or ingested 12.35 methamphetamine, a chemical substance, or methamphetamine 12.36 paraphernalia. The peace officer shall immediately report to 13.1 the county common entry point as described in section 626.557, 13.2 subdivision 9b. 13.3 (b) As required in section 626.557, subdivision 9b, law 13.4 enforcement is the primary agency to conduct investigations of 13.5 any incident when there is reason to believe a crime has been 13.6 committed. Law enforcement shall initiate a response 13.7 immediately. If the common entry point notified a county agency 13.8 for adult protective services, law enforcement shall cooperate 13.9 with that county agency when both agencies are involved and 13.10 shall exchange data to the extent authorized in section 626.557, 13.11 subdivision 12b, paragraph (g). County adult protection shall 13.12 initiate a response immediately. 13.13 (c) The county social services agency shall immediately 13.14 respond as required in section 626.557, subdivision 10, upon 13.15 receipt of a report from the common entry point staff. 13.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 13.17 and applies to crimes committed on or after that date. 13.18 Sec. 7. Minnesota Statutes 2004, section 168A.05, 13.19 subdivision 3, is amended to read: 13.20 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 13.21 title issued by the department shall contain: 13.22 (1) the date issued; 13.23 (2) the first, middle, and last names, the dates of birth, 13.24 and addresses of all owners who are natural persons, the full 13.25 names and addresses of all other owners; 13.26 (3) the names and addresses of any secured parties in the 13.27 order of priority as shown on the application, or if the 13.28 application is based on a certificate of title, as shown on the 13.29 certificate, or as otherwise determined by the department; 13.30 (4) any liens filed pursuant to a court order or by a 13.31 public agency responsible for child support enforcement against 13.32 the owner; 13.33 (5) the title number assigned to the vehicle; 13.34 (6) a description of the vehicle including, so far as the 13.35 following data exists, its make, model, year, identifying 13.36 number, type of body, whether new or used, and if a new vehicle, 14.1 the date of the first sale of the vehicle for use; 14.2 (7) with respect to motor vehicles subject to the 14.3 provisions of section 325E.15, the true cumulative mileage 14.4 registered on the odometer or that the actual mileage is unknown 14.5 if the odometer reading is known by the owner to be different 14.6 from the true mileage; 14.7 (8) with respect to vehicles subject to sections 325F.6641 14.8 and 325F.6642, the appropriate term "flood damaged," "rebuilt," 14.9 "prior salvage," or "reconstructed";and14.10 (9) with respect to a vehicle contaminated by 14.11 methamphetamine production, if the registrar has received the 14.12 certificate of title and notice described in section 152.0275, 14.13 subdivision 2, paragraph (g), the term "hazardous waste 14.14 contaminated vehicle"; and 14.15 (10) any other data the department prescribes. 14.16 [EFFECTIVE DATE.] This section is effective August 1, 2005. 14.17 Sec. 8. Minnesota Statutes 2004, section 260C.171, is 14.18 amended by adding a subdivision to read: 14.19 Subd. 6. [NOTICE TO SCHOOL.] (a) As used in this 14.20 subdivision, the following terms have the meanings given. 14.21 "Chemical substance," "methamphetamine paraphernalia," and 14.22 "methamphetamine waste products" have the meanings given in 14.23 section 152.137, subdivision 1. "School" means a charter school 14.24 or a school as defined in section 120A.22, subdivision 4, except 14.25 a home school. 14.26 (b) If a child has been taken into protective custody after 14.27 being found in an area where methamphetamine was being 14.28 manufactured or attempted to be manufactured or where any 14.29 chemical substances, methamphetamine paraphernalia, or 14.30 methamphetamine waste products were stored, and the child is 14.31 enrolled in school, the officer who took the child into custody 14.32 shall notify the chief administrative officer of the child's 14.33 school of this fact. 14.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 14.35 and applies to acts occurring on or after that date. 14.36 Sec. 9. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 15.1 REVOLVING FUND.] 15.2 Subdivision 1. [DEFINITIONS.] As used in this section: 15.3 (1) "clandestine lab site" has the meaning given in section 15.4 152.0275, subdivision 1, paragraph (a); 15.5 (2) "property" has the meaning given in section 152.0275, 15.6 subdivision 2, paragraph (a), but does not include motor 15.7 vehicles; and 15.8 (3) "remediate" has the meaning given to remediation in 15.9 section 152.0275, subdivision 1, paragraph (a). 15.10 Subd. 2. [FUND ESTABLISHED.] The authority shall establish 15.11 a methamphetamine laboratory cleanup revolving fund to provide 15.12 loans to counties and cities to remediate clandestine lab 15.13 sites. The fund must be credited with repayments. 15.14 Subd. 3. [APPLICATIONS.] Applications by a county or city 15.15 for a loan from the fund must be made to the authority on the 15.16 forms prescribed by the authority. The application must 15.17 include, but is not limited to: 15.18 (1) the amount of the loan requested and the proposed use 15.19 of the loan proceeds; 15.20 (2) the source of revenues to repay the loan; and 15.21 (3) certification by the county or city that it meets the 15.22 loan eligibility requirements of subdivision 4. 15.23 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible 15.24 for a loan under this section if the county or city: 15.25 (1) identifies a site or sites designated by a local public 15.26 health department or law enforcement as a clandestine lab site; 15.27 (2) has required the site's property owner to remediate the 15.28 site at cost, under chapter 145A or a local public health 15.29 nuisance ordinance that addresses clandestine lab remediation; 15.30 (3) certifies that the property owner cannot pay for the 15.31 remediation immediately; 15.32 (4) certifies that the property owner has not properly 15.33 remediated the site; and 15.34 (5) issues a revenue bond payable to the authority to 15.35 secure the loan. 15.36 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 16.1 OWNER.] (a) A loan recipient shall use the loan to remediate the 16.2 clandestine lab site or if this has already been done to 16.3 reimburse the applicable county or city fund for costs paid by 16.4 the recipient to remediate the clandestine lab site. 16.5 (b) A loan recipient shall seek reimbursement from the 16.6 owner of the property containing the clandestine lab site for 16.7 the costs of the remediation. In addition to other lawful means 16.8 of seeking reimbursement, the loan recipient may recover its 16.9 costs through a property tax assessment by following the 16.10 procedures specified in section 145A.08, subdivision 2, 16.11 paragraph (c). 16.12 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority 16.13 shall award loans to recipients on a first-come, first-served 16.14 basis, provided that the recipient is able to comply with the 16.15 terms and conditions of the authority loan, which must be in 16.16 conformance with this section. The authority shall make a 16.17 single disbursement of the loan upon receipt of a payment 16.18 request that includes a list of remediation expenses and 16.19 evidence that a second-party sampling was undertaken to ensure 16.20 that the remediation work was successful or a guarantee that 16.21 such a sampling will be undertaken. 16.22 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making 16.23 loans from the revolving fund, the authority shall comply with 16.24 the criteria in paragraphs (b) to (e). 16.25 (b) Loans must be made at a two percent per annum interest 16.26 rate for terms not to exceed ten years unless the recipient 16.27 requests a 20-year term due to financial hardship. 16.28 (c) The annual principal and interest payments must begin 16.29 no later than one year after completion of the clean up. Loans 16.30 must be amortized no later than 20 years after completion of the 16.31 clean up. 16.32 (d) A loan recipient must identify and establish a source 16.33 of revenue for repayment of the loan and must undertake whatever 16.34 steps are necessary to collect payments within one year of 16.35 receipt of funds from the authority. 16.36 (e) The fund must be credited with all payments of 17.1 principal and interest on all loans, except the costs as 17.2 permitted under section 446A.04, subdivision 5, paragraph (a). 17.3 (f) Loans must be made only to recipients with clandestine 17.4 lab ordinances that address remediation. 17.5 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities 17.6 may incur debt under this section by resolution of the board or 17.7 council authorizing issuance of a revenue bond to the authority. 17.8 [EFFECTIVE DATE.] This section is effective July 1, 2005. 17.9 Sec. 10. Minnesota Statutes 2004, section 609.1095, 17.10 subdivision 1, is amended to read: 17.11 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 17.12 the following terms have the meanings given. 17.13 (b) "Conviction" means any of the following accepted and 17.14 recorded by the court: a plea of guilty, a verdict of guilty by 17.15 a jury, or a finding of guilty by the court. The term includes 17.16 a conviction by any court in Minnesota or another jurisdiction. 17.17 (c) "Prior conviction" means a conviction that occurred 17.18 before the offender committed the next felony resulting in a 17.19 conviction and before the offense for which the offender is 17.20 being sentenced under this section. 17.21 (d) "Violent crime" means a violation of or an attempt or 17.22 conspiracy to violate any of the following laws of this state or 17.23 any similar laws of the United States or any other state: 17.24sectionsections 152.137; 609.165; 609.185; 609.19; 609.195; 17.25 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 17.26 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 17.27 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 17.28 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 17.29 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 17.30 1e; 609.687; and 609.855, subdivision 5; any provision of 17.31 sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 17.32 punishable by a felony penalty; or any provision of chapter 152 17.33 that is punishable by a maximum sentence of 15 years or more. 17.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.35 and applies to crimes committed on or after that date. 17.36 Sec. 11. [REVISOR'S INSTRUCTION.] 18.1 The revisor of statutes shall recodify the provisions of 18.2 Minnesota Statutes, section 152.021, subdivision 2a, paragraph 18.3 (b), and subdivision 3, as amended by this act, that relate to 18.4 the possession of chemical reagents or precursors with the 18.5 intent to manufacture methamphetamine and the penalties for 18.6 doing this into a new section of law codified as Minnesota 18.7 Statutes, section 152.0262. The revisor shall make any 18.8 necessary technical changes, including, but not limited to, 18.9 changes to statutory cross-references, to Minnesota Statutes, 18.10 section 152.021, and any other statutory sections to accomplish 18.11 this. 18.12 Sec. 12. [REPEALER.] 18.13 Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 18.14 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 18.15 5, are repealed. 18.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 18.17 and applies to crimes committed on or after that date. 18.18 ARTICLE 2 18.19 METHAMPHETAMINE APPROPRIATIONS 18.20 Section 1. [TOTAL APPROPRIATIONS.] 18.21 The dollar amounts in the columns under "APPROPRIATIONS" 18.22 are appropriated to the specified agencies for the purposes 18.23 specified. The appropriations are from the general fund and are 18.24 available for the fiscal years indicated for each purpose. The 18.25 figures "2006" and "2007" used in this article mean that the 18.26 addition to or subtraction from the appropriations listed under 18.27 the figure is for the fiscal years ending June 30, 2006, and 18.28 June 30, 2007, respectively. 18.29 SUMMARY 18.30 2006 2007 TOTAL 18.31 GENERAL $.,...,...,... $.,...,...,... $.,...,...,... 18.32 APPROPRIATIONS 18.33 Available for the Year 18.34 Ending June 30 18.35 2006 2007 18.36 Sec. 2. CORRECTIONS 18.37 For the increased prison 18.38 population based on this act. $ ....... $ ....... 19.1 Sec. 3. BOARD OF PUBLIC DEFENSE ....... ....... 19.2 For a methamphetamine trial team. 19.3 Sec. 4. HUMAN SERVICES ....... ....... 19.4 For grants to counties to fund three 19.5 pilot projects addressing 19.6 methamphetamine. 19.7 A county seeking a grant under this 19.8 section shall submit a detailed 19.9 application to the commissioner that 19.10 specifies how the money will be used. 19.11 The application must demonstrate a 19.12 comprehensive countywide plan to combat 19.13 methamphetamine. At a minimum, this 19.14 plan must address how the county will 19.15 handle: (1) methamphetamine-related 19.16 child endangerment cases; (2) 19.17 methamphetamine-related cleanup and 19.18 remediation; (3) enforcing 19.19 methamphetamine-related criminal laws; 19.20 and (4) methamphetamine-related 19.21 treatment. To the extent possible, the 19.22 commissioner shall ensure that one 19.23 pilot project has an emphasis on 19.24 adolescents and one has a 19.25 maternal/early childhood emphasis. 19.26 Sec. 5. EMPLOYMENT AND 19.27 ECONOMIC DEVELOPMENT ....... ....... 19.28 To carry out the public facilities 19.29 authority's duties involving the 19.30 methamphetamine laboratory cleanup 19.31 revolving fund under Minnesota 19.32 Statutes, section 446A.083. 19.33 Sec. 6. PUBLIC SAFETY ......... ......... 19.34 For ten Bureau of Criminal Apprehension 19.35 agents to be assigned exclusively to 19.36 methamphetamine enforcement, including 19.37 the investigation of manufacturing and 19.38 distributing methamphetamine and 19.39 related violence. These appropriations 19.40 are intended to increase the current 19.41 allocation of Bureau of Criminal 19.42 Apprehension resources dedicated to 19.43 methamphetamine enforcement. Positions 19.44 funded by these appropriations may not 19.45 supplant existing agent assignments or 19.46 positions. 19.47 Sec. 7. HEALTH ....... ....... 19.48 To provide technical assistance on 19.49 methamphetamine lab remediation. 19.50 Sec. 8. EDUCATION ....... ....... 19.51 To develop and distribute to school 19.52 districts materials addressing the 19.53 dangers of methamphetamine.