HF 1123

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

A bill for an act
relating to crimes; regulating the sale of
methamphetamine precursor drugs containing ephedrine
or pseudoephedrine; 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 property contaminated by
methamphetamine manufacturing 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; providing for the
establishment of civil nuisances involving
methamphetamine manufacture; requiring that anhydrous
ammonia storage tanks be locked when unattended;
requiring a toll-free number for citizen reports of
methamphetamine laboratories; providing for reports;
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; 617.81,
subdivision 4, by adding a subdivision; 617.85;
proposing coding for new law in Minnesota Statutes,
chapters 144; 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 [144.4188] CITIZEN REPORTS OF METHAMPHETAMINE
VIOLATIONS.
new text end

new text begin The Department of Health 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 department 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. 2.

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

Subd. 2a.

new text begin methamphetamine 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 deleted text begin , deleted text end new text begin ; new text end 152.023, subdivision 1 deleted text begin , deleted text end new text begin ; new text end 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 any new text end of the following substances, new text begin or any
similar substances that can be used to manufacture
methamphetamine, new text end or deleted text begin their deleted text end new text begin the new text end salts, isomers, and salts of
isomers new text begin of a listed or similar substance new text end :

(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 the
manufacture of methamphetamine;
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 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) In addition to the restitution required in paragraph
(b), a court shall require a person convicted of manufacturing
or attempting to manufacture a controlled substance or of
illegal activity involving a precursor substance to pay
restitution to a property owner who incurred removal or
remediation costs because of the crime.
new text end

new text begin (d) Notwithstanding paragraphs (b) and (c), 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; web site. 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 responds to a clandestine lab site
shall notify the appropriate county or local health department,
state duty officer, and child protection services of the
clandestine lab and the location of the site.
new text end

new text begin (c) A county 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 or attempted manufacture of
methamphetamine or any part of the manufacturing process, or by
the by-products or degradates of manufacturing or attempting to
manufacture 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 to
the applicable authority that issued the order under paragraph
(c) 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 set forth in the guidelines. Following this,
the applicable authority shall vacate its order.
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 or
attempted manufacture of methamphetamine or any part of the
manufacturing process, or the by-products or degradates of
manufacturing or attempting to manufacture 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 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 (g) If the applicable authority determines under paragraph
(c) that the property was contaminated by substances, chemicals,
or items of any kind used in the manufacture or attempted
manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing or
attempting to manufacture methamphetamine, and that the property
is subject to a deed, the authority shall notify the party
responsible for maintaining the information on the deed of this
fact. That party shall make a notation on the deed that the
property is a hazardous waste contaminated site. The authority
shall also notify the party maintaining the information on the
deed when it vacates its order under paragraph (e). When so
notified, the party shall update the deed's notation to reflect
the cleanup, remediation, and reduced levels of contamination
completed according to the cleaning guidelines.
new text end

new text begin (h) The commissioner of health shall create and maintain an
Internet Web site and post on the Web site contact information
for each local community health services administrator.
new text end

new text begin (i) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the location of the property, the extent
of the contamination, the status of the removal and remediation
work on the property, and whether the order has been vacated.
The administrator shall make this information available to the
public upon request.
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. 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; CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Pseudoephedrine and ephedrine, human
products. new text end

new text begin (a) Any compound, mixture, or preparation containing
any detectable quantity of pseudoephedrine, its salts or optical
isomers, or salts of optical isomers, and intended for human
consumption shall only be sold, dispensed, or distributed in a
pharmacy by a pharmacist, a registered pharmacy technician, or a
pharmacy clerk. Any compound, mixture, or preparation
containing any detectable quantity of ephedrine, its salts or
optical isomers, or salts of optical isomers, and intended for
human consumption shall only be sold in a pharmacy and shall
only be dispensed, sold, or distributed by a pharmacist, a
registered pharmacy technician, or a pharmacy clerk.
new text end

new text begin (b) No person may sell in a single sale more than three
packages of any compound, mixture, or preparation identified in
this subdivision or any combination of such compounds, mixtures,
or preparations identified in this subdivision. The packages
shall contain no more than a total of three grams of ephedrine
or pseudoephedrine, their salts or optical isomers, or their
salts of optical isomers. Nonliquid products must be packaged
in blister packs, where each blister pack contains not more than
two dosage units. If packaging in blister packs is not
technically feasible, packaging must be in unit dose packets or
pouches.
new text end

new text begin (c) Any person purchasing, receiving, or otherwise
acquiring any compound, mixture, or preparation identified in
this subdivision shall:
new text end

new text begin (1) produce a photo identification showing the date of
birth of the person;
new text end

new text begin (2) sign a written log or receipt showing:
new text end

new text begin (i) the date of the transaction;
new text end

new text begin (ii) the name and date of birth of the person; and
new text end

new text begin (iii) the amount of the compound, mixture, or preparation
received; and
new text end

new text begin (3) sign a certification that the person has not purchased
more than nine grams of any compound, mixture, or preparation
identified in this subdivision or any combination of compounds,
mixtures, or preparations identified in this subdivision within
the 30-day period prior to the transaction.
new text end

new text begin The pharmacy shall maintain records of the written log or
receipts, and certifications, for audit or examination by law
enforcement officials for a period of two years from the date of
the transaction and shall provide those records upon request by
law enforcement.
new text end

new text begin (d) No person shall purchase, receive, or otherwise acquire
more than nine grams of any compound, mixture, or preparation
identified in this subdivision or any combination of compounds,
mixtures, or preparations identified in this subdivision within
any 30-day period. This limit shall not apply to any quantity
of such compounds, mixtures, or preparations dispensed pursuant
to a valid prescription.
new text end

new text begin (e) A compound, mixture, or preparation identified in this
subdivision shall only be displayed behind a checkout counter
where the public is not permitted.
new text end

new text begin (f) The restrictions identified in this subdivision shall
not apply to any compounds, mixtures, or preparations which are
in liquid, liquid capsule, or liquid-filled gel capsule form if
neither pseudoephedrine nor ephedrine is the only active
ingredient.
new text end

new text begin (g) The executive director of the Minnesota Board of
Pharmacy may exempt other products from the restrictions
identified in this subdivision if the executive director finds
that the product is formulated in a way to effectively prevent
the conversion of the active ingredient into methamphetamine. A
manufacturer of a drug product may apply to the executive
director for removal of a product from the restrictions of this
subdivision if the product is formulated in a way to effectively
prevent the conversion of the active ingredient into
methamphetamine. At least annually, the executive director
shall publish a list of products exempted from the restrictions
of this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Pseudoephedrine and ephedrine, animal
products. new text end

new text begin (a) Any compound, mixture, or preparation containing
any detectable quantity of pseudoephedrine, its salts or optical
isomers, or salts of optical isomers, and intended for animal
consumption shall only be dispensed, sold, or distributed by a
veterinarian or a certified veterinary technician at the
veterinarian's office or by a veterinarian on call at another
location in accordance with the commercially marketed purpose of
the compound, mixture, or preparation. Any compound, mixture,
or preparation containing any detectable quantity of ephedrine,
its salts or optical isomers, or salts of optical isomers, and
intended for animal consumption shall only be dispensed, sold,
or distributed by a veterinarian or a certified veterinary
technician at the veterinarian's office or by a veterinarian on
call at another location in accordance with the commercially
marketed purpose of the compound, mixture, or preparation. When
dispensed, sold, or distributed by a veterinarian or a certified
veterinary technician at the veterinarian's office, the product
or products shall not be displayed within view of the general
public.
new text end

new text begin (b) Any person purchasing, receiving, or otherwise
acquiring any compound, mixture, or preparation identified in
this subdivision shall:
new text end

new text begin (1) produce a photo identification showing the date of
birth of the person;
new text end

new text begin (2) sign a written log or receipt showing:
new text end

new text begin (i) the date of the transaction;
new text end

new text begin (ii) the name and date of birth of the person; and
new text end

new text begin (iii) the amount of the compound, mixture, or preparation
received; and
new text end

new text begin (3) sign a certification that the item will only be used as
directed on the product packaging.
new text end

new text begin The veterinarian shall maintain records of the written log or
receipts, and certifications, for audit or examination by law
enforcement officials for a period of two years from the date of
the transaction and shall provide those records upon request by
law enforcement.
new text end

new text begin (c) The Minnesota Board of Veterinary Medicine may exempt
other products from the restrictions identified in this
subdivision if the executive director finds that the product is
formulated in a way to effectively prevent the conversion of the
active ingredient into methamphetamine. A manufacturer of the
animal product may apply to the executive director for removal
of a product from the restrictions of this subdivision if the
product is formulated in a way to effectively prevent the
conversion of the active ingredient into methamphetamine. At
least annually, the executive director shall publish a list of
products exempted from the restrictions of this subdivision.
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 knowingly
violates subdivision 1 or 2 is guilty of a misdemeanor.
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. 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 or attempt to 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, or
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, or 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 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 Locking device. new text end

new text begin (a) A person who owns or
operates a container in which anhydrous ammonia is stored shall
ensure that whenever the container is left unattended, it is
equipped with a functioning locking device approved by the
commissioner of agriculture that is properly installed to
prevent any unauthorized access to the container.
new text end

new text begin (b) By August 1, 2005, the commissioner of agriculture
shall publish a list of locking devices that may be used to
comply with paragraph (a).
new text end

new text begin Subd. 5. 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 $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 or
attempted manufacture of methamphetamine or any part of the
manufacturing process, or the by-products or degradates of
manufacturing or attempting to manufacture methamphetamine.
new text end

new text begin (f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
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; consecutive
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. 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. 5. 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 under 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, its manufacture, or its attempted manufacture
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, its manufacture, or its
attempted manufacture, shall be offered health screening for
potential health concerns related to methamphetamine, its
manufacture, or its attempted manufacture as provided in section
260C.188.
new text end

new text begin Subd. 6. new text end

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

new text begin (a)
A peace officer shall make a report of suspected maltreatment of
a vulnerable adult if the 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, and the
peace officer has reason to believe the vulnerable adult
inhaled, was exposed to, had contact with, or ingested
methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to
the county common entry point as described in section 626.557,
subdivision 9b.
new text end

new text begin (b) As required in section 626.557, subdivision 9b, law
enforcement is the primary agency to conduct investigations of
any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency
for adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and
shall exchange data to the extent authorized in section 626.557,
subdivision 12b, paragraph (g). County adult protection shall
initiate a response immediately.
new text end

new text begin (c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
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 [152.139] 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,
"methamphetamine waste product" and "chemical substance" have
the meanings given in section 152.138, subdivision 1.
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 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. 10.

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. 11.

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 or attempted methamphetamine
production, if the registrar had 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 July 1, 2005.
new text end

Sec. 12.

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) certifications 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;
new text end

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

new text begin (5) issues a revenue bond payable to the authority to
secure the loan.
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
procedure specified 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) 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 (e) 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 July 1, 2005.
new text end

Sec. 13.

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. 14.

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. 15.

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. 16.

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. 17. 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. 18. 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

Sec. 19. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Corrections. new text end

new text begin (a) $....... is appropriated
from the general fund for the fiscal year ending June 30, 2006,
and $....... is appropriated from the general fund for the
fiscal year ending June 30, 2007, to the commissioner of
corrections. Of this amount, $....... the first year is for the
report described in paragraph (b), and $....... the second year
is for increased costs associated with this act.
new text end

new text begin (b) By March 15, 2006, the commissioner shall report to the
chairs and ranking minority members of the senate and house
committees or divisions having jurisdiction over criminal
justice policy and funding on issues related to
methamphetamine. The report must include, but is not limited
to, an analysis of the current number of state correctional
inmates incarcerated on a methamphetamine-related crime,
information on how that number compares to that of recent years,
a projection of the number of future state correctional inmates
incarcerated on a methamphetamine-related charge, recidivism
information for released methamphetamine offenders, the types of
treatment offered to methamphetamine offenders in prison and the
costs of this treatment, and to the degree possible, the same
information described in this section for methamphetamine
offenders at the local level.
new text end

new text begin Subd. 2. new text end

new text begin Public defense. new text end

new text begin $....... is appropriated from
the general fund for the fiscal year ending June 30, 2006, and
$....... is appropriated from the general fund for the fiscal
year ending June 30, 2007, to the Board of Public Defense. Of
this amount, $....... the first year and $....... the second
year are for an increased methamphetamine caseload, and $.......
the first year and $....... the second year are for a
methamphetamine trial team.
new text end

new text begin Subd. 3. new text end

new text begin Courts. new text end

new text begin $....... is appropriated from the
general fund for the fiscal year ending June 30, 2006, and
$....... is appropriated from the general fund for the fiscal
year ending June 30, 2007, to the state court administrator for
increased costs associated with this act.
new text end

new text begin Subd. 4. new text end

new text begin Human services. new text end

new text begin (a) $....... is appropriated
from the general fund for the fiscal year ending June 30, 2006,
and $....... is appropriated from the general fund for the
fiscal year ending June 30, 2007, to the commissioner of human
services for grants to counties or groups of counties to fund
three pilot project methamphetamine treatment programs for
offenders convicted of methamphetamine-related crimes.
new text end

new text begin (b) The commissioner shall report items listed in clauses
(1) and (2) relating to the grants described in paragraph (a) to
the chairs and ranking minority members of the senate and house
committees or divisions having jurisdiction over human services
and criminal justice funding:
new text end

new text begin (1) by February 15, 2006, the commissioner shall report the
amount of each grant, who the grant recipient was, and specific
information about the treatment program funded, including, but
not limited to, the nature of the treatment offered, the
structure of the program, and initial information about the
completion rate of offenders who entered the program; and
new text end

new text begin (2) by February 15, 2008, the commissioner shall report
information on the success of the pilot programs funded,
including recidivism data on offenders who entered the program.
new text end

new text begin Subd. 5. new text end

new text begin Employment and economic development. new text end

new text begin $.......
is appropriated from the general fund for the fiscal year ending
June 30, 2006, and $....... is appropriated from the general
fund for the fiscal year ending June 30, 2007, to the
commissioner of employment and economic development to carry out
the Public Facilities Authority's duties involving the
methamphetamine laboratory cleanup revolving fund 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. 20. 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,
and applies to crimes committed on or after that date.
new text end