SF 901

1st Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing a 
  1.3             methamphetamine waste disposal crime; creating a 
  1.4             methamphetamine awareness and educational account; 
  1.5             providing for the establishment of civil nuisances 
  1.6             involving methamphetamine manufacture; requiring a 
  1.7             toll-free number for citizen reports of 
  1.8             methamphetamine laboratories; providing for reports; 
  1.9             imposing criminal penalties; amending Minnesota 
  1.10            Statutes 2004, sections 617.81, subdivision 4, by 
  1.11            adding a subdivision; 617.85; proposing coding for new 
  1.12            law in Minnesota Statutes, chapters 144; 152. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [144.4188] [CITIZEN REPORTS OF METHAMPHETAMINE 
  1.15  VIOLATIONS.] 
  1.16     The Department of Health shall maintain and publicize a 
  1.17  toll-free telephone number to enable citizens to report 
  1.18  information about potential methamphetamine violations, 
  1.19  including, but not limited to, illicit methamphetamine 
  1.20  laboratories.  The department shall take appropriate steps after 
  1.21  receiving a citizen report after considering the nature and 
  1.22  trustworthiness of the information reported, including, but not 
  1.23  limited to, contacting the appropriate law enforcement agency.  
  1.24     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
  1.25     Sec. 2.  [152.139] [DISPOSING OF METHAMPHETAMINE WASTE 
  1.26  PRODUCTS; CRIME.] 
  1.27     Subdivision 1.  [DEFINITIONS.] As used in this section:  
  1.28  (1) "chemical substance" means a substance intended to be used 
  1.29  as a precursor in the manufacture of methamphetamine or any 
  2.1   other chemical intended to be used in the manufacture of 
  2.2   methamphetamine; and (2) "methamphetamine waste product" means a 
  2.3   substance, chemical, or item of any kind used in the manufacture 
  2.4   or attempted manufacture of methamphetamine or any part of the 
  2.5   manufacturing process, or the by-product or degradate of 
  2.6   manufacturing or attempting to manufacture methamphetamine. 
  2.7      Subd. 2.  [CRIMES DESCRIBED; PENALTIES.] (a) Except as 
  2.8   provided in paragraph (b), a person who knowingly disposes of or 
  2.9   abandons any methamphetamine waste product or chemical substance 
  2.10  is guilty of a felony and may be sentenced to imprisonment for 
  2.11  not more than five years or to payment of a fine of not more 
  2.12  than $50,000, or both. 
  2.13     (b) A person who knowingly disposes of or abandons any 
  2.14  methamphetamine waste product or chemical substance in a manner 
  2.15  that places another person in imminent danger of death, great 
  2.16  bodily harm, or substantial bodily harm, is guilty of a felony 
  2.17  and may be sentenced to imprisonment for not more than ten years 
  2.18  or to payment of a fine of not more than $100,000, or both.  
  2.19     Subd. 3.  [EXCEPTION.] This section does not apply to: 
  2.20     (1) a peace officer acting in the course of the officer's 
  2.21  employment; or 
  2.22     (2) a person who lawfully disposes of any product or 
  2.23  substance in a manner approved by the Pollution Control Agency. 
  2.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  2.25  and applies to crimes committed on or after that date. 
  2.26     Sec. 3.  [152.185] [METHAMPHETAMINE AWARENESS AND 
  2.27  EDUCATIONAL ACCOUNT; MINNESOTA METH WATCH.] 
  2.28     Subdivision 1.  [ACCOUNT ESTABLISHED; EDUCATIONAL PROGRAM.] 
  2.29  The methamphetamine awareness and educational account is a 
  2.30  special revenue account in the state treasury.  Money in the 
  2.31  account is appropriated to the commissioner of public safety to 
  2.32  be used to support projects relating to educating retailers and 
  2.33  the public on the dangers of methamphetamine and methamphetamine 
  2.34  precursor drugs and the laws and regulations governing their 
  2.35  use, including an educational initiative entitled "Minnesota 
  2.36  meth watch" addressing methamphetamine, its use and manufacture, 
  3.1   and the impact of methamphetamine-related activities on 
  3.2   children, the environment, and the state's quality of life. 
  3.3      Subd. 2.  [CONTRIBUTIONS.] The state may accept 
  3.4   contributions, gifts, grants, and bequests for deposit into the 
  3.5   fund. 
  3.6      [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  3.7      Sec. 4.  Minnesota Statutes 2004, section 617.81, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 2b.  [EXCEPTION; NUISANCES INVOLVING METHAMPHETAMINE 
  3.10  MANUFACTURE.] Notwithstanding subdivision 2, for purposes of 
  3.11  sections 617.80 to 617.87, a public nuisance exists upon proof 
  3.12  of one or more behavioral incidents involving the manufacturing 
  3.13  or attempted manufacture of methamphetamine in the previous 12 
  3.14  months within the building.  The requirement of two or more 
  3.15  behavioral incidents in subdivision 2, paragraph (b), does not 
  3.16  apply to incidents involving the manufacturing or attempted 
  3.17  manufacture of methamphetamine. 
  3.18     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  3.19  and applies to acts committed on or after that date. 
  3.20     Sec. 5.  Minnesota Statutes 2004, section 617.81, 
  3.21  subdivision 4, is amended to read: 
  3.22     Subd. 4.  [NOTICE.] (a) If a prosecuting attorney has 
  3.23  reason to believe that a nuisance is maintained or permitted in 
  3.24  the jurisdiction the prosecuting attorney serves, and intends to 
  3.25  seek abatement of the nuisance, the prosecuting attorney shall 
  3.26  provide the written notice described in paragraph (b), by 
  3.27  personal service or certified mail, return receipt requested, to 
  3.28  the owner and all interested parties known to the prosecuting 
  3.29  attorney. 
  3.30     (b) The written notice must: 
  3.31     (1) state that a nuisance as defined in subdivision 2 is 
  3.32  maintained or permitted in the building and must specify the 
  3.33  kind or kinds of nuisance being maintained or permitted; 
  3.34     (2) summarize the evidence that a nuisance is maintained or 
  3.35  permitted in the building, including the date or dates on which 
  3.36  nuisance-related activity or activities are alleged to have 
  4.1   occurred; 
  4.2      (3) inform the recipient that failure to abate the conduct 
  4.3   constituting the nuisance or to otherwise resolve the matter 
  4.4   with the prosecuting attorney within 30 days of service of the 
  4.5   notice may result in the filing of a complaint for relief in 
  4.6   district court that could, among other remedies, result in 
  4.7   enjoining the use of the building for any purpose for one year 
  4.8   or, in the case of a tenant, could result in cancellation of the 
  4.9   lease; and 
  4.10     (4) inform the owner of the options available under section 
  4.11  617.85. 
  4.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  4.13  and applies to acts committed on or after that date. 
  4.14     Sec. 6.  Minnesota Statutes 2004, section 617.85, is 
  4.15  amended to read: 
  4.16     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
  4.17     Where notice is provided under section 617.81, subdivision 
  4.18  4, that an abatement of a nuisance is sought and the 
  4.19  circumstances that are the basis for the requested abatement 
  4.20  involved the acts of a commercial or residential tenant or 
  4.21  lessee of part or all of a building, the owner of the building 
  4.22  that is subject to the abatement proceeding may file before the 
  4.23  court that has jurisdiction over the abatement proceeding a 
  4.24  motion to cancel the lease or otherwise secure restitution of 
  4.25  the premises from the tenant or lessee who has maintained or 
  4.26  conducted the nuisance.  The owner may assign to the prosecuting 
  4.27  attorney the right to file this motion.  In addition to the 
  4.28  grounds provided in chapter 566, the maintaining or conducting 
  4.29  of a nuisance as defined in section 617.81, subdivision 2, by a 
  4.30  tenant or lessee, is an additional ground authorized by law for 
  4.31  seeking the cancellation of a lease or the restitution of the 
  4.32  premises.  Service of motion brought under this section must be 
  4.33  served in a manner that is sufficient under the Rules of Civil 
  4.34  Procedure and chapter 566. 
  4.35     It is no defense to a motion under this section by the 
  4.36  owner or the prosecuting attorney that the lease or other 
  5.1   agreement controlling the tenancy or leasehold does not provide 
  5.2   for eviction or cancellation of the lease upon the ground 
  5.3   provided in this section. 
  5.4      Upon a finding by the court that the tenant or lessee has 
  5.5   maintained or conducted a nuisance in any portion of the 
  5.6   building, the court shall order cancellation of the lease or 
  5.7   tenancy and grant restitution of the premises to the owner.  The 
  5.8   court must not order abatement of the premises if the court:  
  5.9      (a) cancels a lease or tenancy and grants restitution of 
  5.10  that portion of the premises to the owner; and 
  5.11     (b) further finds that the act or acts constituting the 
  5.12  nuisance as defined in section 617.81, subdivision 2, were 
  5.13  committed by the tenant or lessee whose lease or tenancy has 
  5.14  been canceled pursuant to this section and the tenant or lessee 
  5.15  was not committing the act or acts in conjunction with or under 
  5.16  the control of the owner. 
  5.17     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  5.18  and applies to acts committed on or after that date. 
  5.19     Sec. 7.  [REQUESTED LEGISLATIVE AUDITOR'S REPORT; DRUG 
  5.20  TREATMENT.] 
  5.21     (a) The Legislative Audit Commission is requested to direct 
  5.22  the legislative auditor to study and issue a report on the 
  5.23  efficacy of controlled substance treatment programs for criminal 
  5.24  offenders in Minnesota.  The report must include programs 
  5.25  offered in state and local correctional facilities and 
  5.26  community-based programs.  The auditor shall study the programs 
  5.27  offered for each type of controlled substance addiction.  The 
  5.28  report must compare the costs of the programs and their success 
  5.29  rates.  The report must also address funding sources for these 
  5.30  programs, including, but not limited to, rule 25 funding.  To 
  5.31  the degree feasible, the auditor shall investigate treatment 
  5.32  programs offered in other states for controlled substance 
  5.33  offenders and compare the breadth and comprehensiveness of the 
  5.34  treatment options available in Minnesota, their costs, and their 
  5.35  success rates to those in other states. 
  5.36     (b) If the Legislative Audit Commission directs the 
  6.1   legislative auditor to conduct the study described in paragraph 
  6.2   (a), the auditor shall report its findings to the legislature by 
  6.3   February 1, 2006. 
  6.4      [EFFECTIVE DATE.] This section is effective July 1, 2005. 
  6.5      Sec. 8.  [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR 
  6.6   ANIMAL PRODUCTS.] 
  6.7      The Minnesota Board of Veterinary Medicine shall study and 
  6.8   issue a report on animal products that may be used in the 
  6.9   manufacture of methamphetamine.  The report must include 
  6.10  proposals for restricting access to such products only to 
  6.11  legitimate users, specifically addressing the manufacturing, 
  6.12  wholesaling, distributing, and retailing of precursor veterinary 
  6.13  products.  The board shall report its findings to the chairs and 
  6.14  ranking minority members of the senate and house committees 
  6.15  having jurisdiction over criminal justice and veterinary policy 
  6.16  by February 1, 2006.  
  6.17     [EFFECTIVE DATE.] This section is effective the day 
  6.18  following final enactment.