SF 901

2nd Engrossment - 84th Legislature (2005 - 2006)

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

A bill for an act
relating to public safety; establishing a
methamphetamine waste disposal crime; creating a
methamphetamine awareness and educational account;
providing for the establishment of civil nuisances
involving methamphetamine manufacture; requiring a
toll-free number for citizen reports of
methamphetamine laboratories; providing for reports;
imposing criminal penalties; amending Minnesota
Statutes 2004, sections 617.81, subdivision 4, by
adding a subdivision; 617.85; proposing coding for new
law in Minnesota Statutes, chapters 152; 299C.

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

Section 1.

new text begin [152.139] DISPOSING OF METHAMPHETAMINE WASTE
PRODUCTS; CRIME.
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:
(1) "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; and (2) "methamphetamine waste product" means a
substance, chemical, or item of any kind used in the manufacture
or attempted manufacture of methamphetamine or any part of the
manufacturing process, or the by-product or degradate of
manufacturing or attempting to manufacture methamphetamine.
new text end

new text begin Subd. 2. new text end

new text begin Crimes described; penalties. new text end

new text begin (a) Except as
provided in paragraph (b), a person who knowingly disposes of or
abandons any methamphetamine waste product or chemical substance
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 (b) A person who knowingly disposes of or abandons any
methamphetamine waste product or chemical substance in a manner
that places another person in imminent danger of death, great
bodily harm, or substantial bodily harm, is guilty of a felony
and may be sentenced to imprisonment for not more than ten years
or to payment of a fine of not more than $100,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a peace officer acting in the course of the officer's
employment; or
new text end

new text begin (2) a person who lawfully disposes of any product or
substance in a manner approved by the Pollution Control Agency.
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. 2.

new text begin [152.185] METHAMPHETAMINE AWARENESS AND
EDUCATIONAL ACCOUNT; MINNESOTA METH WATCH.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; educational program.
new text end

new text begin The methamphetamine awareness and educational account is a
special revenue account in the state treasury. Money in the
account is appropriated to the commissioner of public safety to
be used to support projects relating to educating retailers and
the public on the dangers of methamphetamine and methamphetamine
precursor drugs and the laws and regulations governing their
use, including an educational initiative entitled "Minnesota
meth watch" addressing methamphetamine, its use and manufacture,
and the impact of methamphetamine-related activities on
children, the environment, and the state's quality of life.
new text end

new text begin Subd. 2. new text end

new text begin Contributions. new text end

new text begin The state may accept
contributions, gifts, grants, and bequests for deposit into the
fund.
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. 3.

new text begin [299C.90] CITIZEN REPORTS OF METHAMPHETAMINE
VIOLATIONS.
new text end

new text begin The superintendent of the Bureau of Criminal Apprehension
shall maintain and publicize a toll-free telephone number to
enable citizens to report information about potential
methamphetamine violations, including, but not limited to,
illicit methamphetamine laboratories. The agency shall take
appropriate steps after receiving a citizen report after
considering the nature and trustworthiness of the information
reported, including, but not limited to, contacting the
appropriate law enforcement agency.
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. 4.

Minnesota Statutes 2004, section 617.81, is
amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Exception; nuisances involving methamphetamine
manufacture. new text end

new text begin Notwithstanding subdivision 2, for purposes of
sections 617.80 to 617.87, a public nuisance exists upon proof
of one or more behavioral incidents involving the manufacturing
or attempted manufacture of methamphetamine in the previous 12
months within the building. The requirement of two or more
behavioral incidents in subdivision 2, paragraph (b), does not
apply to incidents involving the manufacturing or attempted
manufacture of methamphetamine.
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 committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 617.81,
subdivision 4, is amended to read:

Subd. 4.

Notice.

(a) If a prosecuting attorney has
reason to believe that a nuisance is maintained or permitted in
the jurisdiction the prosecuting attorney serves, and intends to
seek abatement of the nuisance, the prosecuting attorney shall
provide the written notice described in paragraph (b), by
personal service or certified mail, return receipt requested, to
the owner and all interested parties known to the prosecuting
attorney.

(b) The written notice must:

(1) state that a nuisance as defined in subdivision 2 is
maintained or permitted in the building and must specify the
kind or kinds of nuisance being maintained or permitted;

(2) summarize the evidence that a nuisance is maintained or
permitted in the building, including the new text begin date or new text end dates on which
nuisance-related new text begin activity or new text end activities are alleged to have
occurred;

(3) inform the recipient that failure to abate the conduct
constituting the nuisance or to otherwise resolve the matter
with the prosecuting attorney within 30 days of service of the
notice may result in the filing of a complaint for relief in
district court that could, among other remedies, result in
enjoining the use of the building for any purpose for one year
or, in the case of a tenant, could result in cancellation of the
lease; and

(4) inform the owner of the options available under section
617.85.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2004, section 617.85, is
amended to read:

617.85 NUISANCE; MOTION TO CANCEL LEASE.

Where notice is provided under section 617.81, subdivision
4, that an abatement of a nuisance is sought and the
circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or
lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of
the premises from the tenant or lessee who has maintained or
conducted the nuisance. The owner may assign to the prosecuting
attorney the right to file this motion. In addition to the
grounds provided in chapter 566, the maintaining or conducting
of a nuisance as defined in section 617.81, subdivision 2, by a
tenant or lessee, is an additional ground authorized by law for
seeking the cancellation of a lease or the restitution of the
premises. Service of motion brought under this section must be
served in a manner that is sufficient under the Rules of Civil
Procedure and chapter 566.

It is no defense to a motion under this section by the
owner or the prosecuting attorney that the lease or other
agreement controlling the tenancy or leasehold does not provide
for eviction or cancellation of the lease upon the ground
provided in this section.

Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the
building, the court shall order cancellation of the lease or
tenancy and grant restitution of the premises to the owner. The
court must not order abatement of the premises if the court:

(a) cancels a lease or tenancy and grants restitution of
that portion of the premises to the owner; and

(b) further finds that the new text begin act or new text end acts constituting the
nuisance as defined in section 617.81, subdivision 2, were
committed by the tenant or lessee whose lease or tenancy has
been canceled pursuant to this section and the tenant or lessee
was not committing the new text begin act or new text end acts in conjunction with or under
the control of the owner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7. new text begin REQUESTED LEGISLATIVE AUDITOR'S REPORT; DRUG
TREATMENT.
new text end

new text begin (a) The Legislative Audit Commission is requested to direct
the legislative auditor to study and issue a report on the
efficacy of controlled substance treatment programs for criminal
offenders in Minnesota. The report must include programs
offered in state and local correctional facilities and
community-based programs. The auditor shall study the programs
offered for each type of controlled substance addiction. The
report must compare the costs of the programs and their success
rates. The report must also address funding sources for these
programs, including, but not limited to, rule 25 funding. To
the degree feasible, the auditor shall investigate treatment
programs offered in other states for controlled substance
offenders and compare the breadth and comprehensiveness of the
treatment options available in Minnesota, their costs, and their
success rates to those in other states.
new text end

new text begin (b) If the Legislative Audit Commission directs the
legislative auditor to conduct the study described in paragraph
(a), the auditor shall report its findings to the legislature by
February 1, 2006.
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. 8. new text begin BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
ANIMAL PRODUCTS.
new text end

new text begin The Minnesota Board of Veterinary Medicine shall study and
issue a report on animal products that may be used in the
manufacture of methamphetamine. The report must include
proposals for restricting access to such products only to
legitimate users, specifically addressing the manufacturing,
wholesaling, distributing, and retailing of precursor veterinary
products. The board shall report its findings to the chairs and
ranking minority members of the senate and house committees
having jurisdiction over criminal justice and veterinary policy
by February 1, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end