HF 4

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

A bill for an act
relating to crime prevention; regulating the sale of
methamphetamine precursor drugs; authorizing reporting
of suspicious transactions involving these drugs and
providing civil immunity for so doing; requiring a
methamphetamine educational program for retailers;
further regulating while recodifying activities
involving anhydrous ammonia; requiring courts to order
restitution in certain situations involving controlled
substances; imposing property restrictions in certain
situations involving controlled substances; increasing
the criminal penalties for possessing certain
substances with the intent to manufacture
methamphetamine; establishing new
methamphetamine-related crimes; expanding the
definition of "violent crime" for mandatory sentencing
purposes; requiring that vehicles and other property
used to manufacture methamphetamine indicate this in
the title or deed; establishing a methamphetamine
laboratory cleanup revolving fund and authorizing
loans to assist counties and cities in conducting
methamphetamine cleanup; exempting certain substances
from being classified as controlled substances under
certain circumstances; exempting certain pediatric
products labeled pursuant to federal regulation from
law prohibiting sale of methamphetamine precursor
drugs; authorizing taking a child into protective
custody for health screening relating to
methamphetamine; imposing criminal penalties;
appropriating money; amending Minnesota Statutes 2004,
sections 152.021, subdivisions 2a, 3; 152.135,
subdivision 2; 168A.05, subdivision 3; 609.1095,
subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 152; 446A; repealing
Minnesota Statutes 2004, sections 18C.005,
subdivisions 1a, 35a; 18C.201, subdivisions 6, 7;
18D.331, subdivision 5.

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

Section 1.

new text begin [152.015] GBL AND BDO.
new text end

new text begin Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not
controlled substances and are exempted from regulation under
this chapter when:
new text end

new text begin (1) intended for industrial use and not for human
consumption; or
new text end

new text begin (2) occurring in a natural concentration and not the result
of deliberate addition.
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.

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

Subd. 2a.

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

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

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

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

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

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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

Subd. 3.

Penalty.

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

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

new text begin Subdivision 1. new text end

new text begin Restitution. new text end

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

new text begin (1) "clandestine lab site" means any structure or
conveyance or outdoor location occupied or affected by
conditions or chemicals, typically associated with a clandestine
drug lab operation;
new text end

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

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

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

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

new text begin (c) Notwithstanding paragraph (b), if the court finds that
the convicted person is indigent or that payment of the
restitution would create undue hardship for the convicted
person's immediate family, the court may reduce the amount of
restitution to an appropriate level.
new text end

new text begin Subd. 2. new text end

new text begin Property-related prohibitions. new text end

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

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

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

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

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

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

new text begin (c) A local unit of government or local health department
or sheriff shall order that all property that has been found to
be a clandestine lab site and contaminated by substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine be
prohibited from being occupied, rented, sold, or used until it
has been assessed and remediated as provided in the Department
of Health's clandestine drug labs general cleanup guidelines.
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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

Subd. 2.

Exceptions.

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin [152.136] SALES OF METHAMPHETAMINE PRECURSOR
DRUGS; REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Methamphetamine precursor drug" means:
new text end

new text begin (1) a drug or product containing as its sole active
ingredient ephedrine or pseudoephedrine; or
new text end

new text begin (2) a combination drug or product containing as one of its
active ingredients ephedrine or pseudoephedrine.
new text end

new text begin (c) "Over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription.
new text end

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

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Suspicious transactions; reporting;
immunity. new text end

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

new text begin Subd. 4. new text end

new text begin Exemption. new text end

new text begin This section does not apply to
pediatric products labeled pursuant to federal regulation
primarily intended for administration to children under 12 years
of age according to label instructions.
new text end

new text begin Subd. 5. new text end

new text begin Preemption; invalidation. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 7.

new text begin [152.137] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin No cause of action. new text end

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Criminal penalty. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

new text begin [152.138] METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

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

new text begin (f) "Vulnerable adult" has the meaning given in section
626.5572, subdivision 21.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

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

new text begin Subd. 4. new text end

new text begin Multiple sentences. new text end

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

new text begin Subd. 5. new text end

new text begin Consecutive sentences. new text end

new text begin Notwithstanding any
provision of the Sentencing Guidelines, the court may provide
that a sentence imposed for a violation of this section shall
run consecutively to any sentence imposed for the intended
criminal act. A decision of the court to impose consecutive
sentences under this subdivision is not a departure from the
Sentencing Guidelines.
new text end

new text begin Subd. 6. new text end

new text begin Protective custody. new text end

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

new text begin Subd. 7. new text end

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

new text begin If
a vulnerable adult is present in an area where any of the
activities described in subdivision 2, paragraph (a), clauses
(1) to (4), are taking place, a peace officer or mandated
reporter who has reason to believe the vulnerable adult inhaled,
was exposed to, had contact with, or ingested methamphetamine, a
chemical substance, or methamphetamine paraphernalia shall make
a report under section 626.557, subdivision 9b.
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. 9.

new text begin [152.185] METHAMPHETAMINE AWARENESS AND
EDUCATIONAL ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. 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 shall be used to
support projects relating to educating retailers and the public
on the dangers of methamphetamines and methamphetamine precursor
drugs and the laws and regulations governing their use.
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 August 1, 2005.
new text end

Sec. 10.

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

Subd. 3.

Content of certificate.

Each certificate of
title issued by the department shall contain:

(1) the date issued;

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

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

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

(5) the title number assigned to the vehicle;

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

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

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

new text begin Subd. 2. new text end

new text begin Fund established. new text end

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

new text begin Subd. 3. new text end

new text begin Applications. new text end

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

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

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

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

new text begin Subd. 4. new text end

new text begin Loan eligibility. new text end

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

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

new text begin (2) has required the site's property owner to remediate the
site at cost, under chapter 145A or a local public health
nuisance ordinance that addresses clandestine lab remediation;
new text end

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

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

new text begin Subd. 5. new text end

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

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

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

new text begin Subd. 6. new text end

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

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

new text begin Subd. 7. new text end

new text begin Loan conditions and terms. new text end

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

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

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

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

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

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

new text begin Subd. 8. new text end

new text begin Authority to incur debt. new text end

new text begin Counties and cities
may incur debt under this section by resolution of the board or
council authorizing issuance of a revenue bond to the authority.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

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

Subdivision 1.

Definitions.

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

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

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

(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
deleted text begin section deleted text end new text begin sections 152.138; new text end 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; 609.855, subdivision 5; any provision of sections
609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13. new text begin METHAMPHETAMINE RETAIL AND CONSUMER EDUCATION
PROGRAM.
new text end

new text begin The commissioner of public safety shall develop and
implement a program designed to inform retailers and consumers
and heighten public and business awareness of the dangers of
illicit methamphetamine production, distribution, use, and the
ready availability of methamphetamine in Minnesota.
Specifically, the commissioner, in consultation with
representatives from retail associations, shall develop (1)
training posters for retail employees to identify the products
that are commonly purchased or stolen for use in manufacturing
methamphetamine, (2) an on-line retail employee training Web
site, (3) signage, including shelf tags, stickers, and decals to
deter criminals and to educate consumers about the program and
ingredients used in manufacturing methamphetamine, (4)
guidelines for the strategic placement of precursor products in
areas that will deter theft or suspicious purchases of large
quantities, (5) brochures educating retailers and consumers
about the program, and (6) forms for retailers to report
suspicious transactions. The commissioner must also provide to
businesses information on applicable state and federal laws and
regulations relating to methamphetamine and methamphetamine
precursor drugs.
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. 14. new text begin APPROPRIATION.
new text end

new text begin (a) $....... is appropriated to the commissioner of public
safety from the methamphetamine awareness and educational
account in the special revenue fund for the fiscal year ending
June 30, 2005, for the methamphetamine retail education program
described in section 13.
new text end

new text begin (b) $....... is appropriated to the Public Facilities
Authority from the general fund for the fiscal year ending June
30, 2005, to carry out the authority's duties under Minnesota
Statutes, section 446A.083.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15. new text begin REPEALER.
new text end

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

new text begin EFFECTIVE DATE. new text end

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