HF 1423

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

A bill for an act
relating to public safety; appropriating money for
public safety, corrections, various boards, and the
courts; making the fee to access public criminal
history data on the Internet Web site of the Bureau of
Criminal Apprehension permanent; establishing a Gang
and Drug Oversight Council; specifying the council's
duties and membership; providing for grants; requiring
fire safety inspections of various lodging facilities;
modifying emergency telecommunications service fee;
authorizing revenue bonds; transferring responsibility
for youth intervention program; scheduling ephedrine
and pseudoephedrine products as Schedule V controlled
substances; regulating the sale of methamphetamine
precursor drugs; authorizing reporting of suspicious
transactions involving these drugs and providing civil
immunity for so doing; 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 and recodifying
this crime; establishing new methamphetamine-related
crimes; clarifying the definition of "narcotic drug";
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 by an affidavit;
imposing criminal penalties; amending Minnesota
Statutes 2004, sections 13.87, subdivision 3; 152.01,
subdivision 10; 152.02, subdivision 6; 152.021,
subdivisions 2a, 3; 152.027, subdivisions 1, 2;
152.135, subdivision 2; 171.20, subdivision 4; 171.26;
299F.391, subdivision 1; 299F.46, subdivisions 1, 3;
357.021, subdivisions 6, 7; 403.11, subdivision 1;
403.27, subdivisions 3, 4, by adding subdivisions;
403.30, subdivisions 1, 3, by adding subdivisions;
609.1095, subdivision 1; 609.119; proposing coding for
new law in Minnesota Statutes, chapters 152; 299A;
repealing Minnesota Statutes 2004, sections 299A.64;
299A.65; 299A.66; 403.30, subdivision 2.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 822,484,000 $ 845,589,000 $1,668,073,000

State Government
Special Revenue 44,745,000 35,432,000 80,177,000

Environmental Fund 49,000 49,000 98,000

Special Revenue
Fund 5,423,000 5,422,000 10,845,000

Trunk Highway 361,000 361,000 722,000

TOTAL $ 873,062,000 $ 886,853,000 $1,759,915,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2.

SUPREME COURT 37,218,000 37,218,000

Sec. 3.

COURT OF APPEALS 8,189,000 8,189,000

Sec. 4.

TRIAL COURTS 230,712,000 234,342,000

Sec. 5.

TAX COURT 726,000 726,000

Sec. 6.

UNIFORM LAWS COMMISSION 39,000 39,000

Sec. 7.

BOARD ON JUDICIAL STANDARDS 252,000 252,000

Sec. 8.

BOARD OF PUBLIC DEFENSE 59,403,000 63,251,000

Sec. 9. PUBLIC SAFETY

Subdivision 1.

Total
Appropriation $ 123,356,000 $ 114,030,000

Summary by Fund

General 77,611,000 77,599,000

Special Revenue 590,000 589,000

State Government
Special Revenue 44,745,000 35,432,000

Environmental 49,000 49,000

Trunk Highway 361,000 361,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Emergency
Management 2,594,000 2,594,000

Summary by Fund

General 2,545,000 2,545,000

Environmental 49,000 49,000

[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.]
Notwithstanding any law to the
contrary, nonprofit and faith-based
organizations may apply for and receive
any funds or grants, whether federal or
state, made available for antiterrorism
efforts that are not distributed or
encumbered for distribution to public
safety entities within a year of
receipt by the Department of Public
Safety. These organizations must be
considered under the same criteria
applicable to any other eligible entity
and must be given equal consideration.

Subd. 3.

Criminal
Apprehension 40,455,000 40,460,000

Summary by Fund

General 39,647,000 39,653,000

Special Revenue 440,000 439,000

State Government
Special Revenue 7,000 7,000

Trunk Highway 361,000 361,000

[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.

[LABORATORY ACTIVITIES.] $346,000 the
first year and $346,000 the second year
are appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.

[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
the first year and $361,000 the second
year are appropriated from the trunk
highway fund for laboratory analysis
related to driving-while-impaired cases.

[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).

[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.

[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.

[DNA ANALYSIS OF FELON OFFENDERS.]
$659,000 the first year and $670,000
the second year are to fund the
analyses of biological samples from
felon offenders.

[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.

[METHAMPHETAMINE.] $1,000,000 the first
year and $1,000,000 the second year are
to fund ten new special agent positions
for methamphetamine drug enforcement
activities. $40,000 the first year is
onetime funding for a methamphetamine
awareness program.

Subd. 4.

Fire Marshal 2,445,000 2,432,000

Subd. 5.

Alcohol and
Gambling Enforcement 1,772,000 1,772,000

Summary by Fund

General 1,622,000 1,622,000

Special Revenue 150,000 150,000

Subd. 6.

Office of
Justice Programs 31,352,000 31,347,000

[GANG STRIKE FORCE.] $2,650,000 the
first year and $2,650,000 the second
year are for grants to the Criminal
Gang Strike Force.

[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $532,000 each year is to
increase the amount of funding for
crime victim assistance grants. This
funding is to ensure that no one
judicial district receives greater than
a 12 percent overall reduction in state
general funding to serve crime victims
in fiscal years 2006 and 2007 versus
the 2004 allocation.

[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant program.

Subd. 7.

911 Emergency
Services/ARMER 44,738,000 35,425,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

Of the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in fiscal year
2006, up to $6,505,000 of the
appropriation in the first year is for
prior year obligations to telephone
utility companies. The remainder of
the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in the first
year are for costs associated with the
Shared Public Safety Radio System and
are available until June 30, 2007.

Sec. 10.

PEACE OFFICER
STANDARDS AND TRAINING BOARD (POST) 3,943,000 3,943,000

This appropriation is from the peace
officer training account in the special
revenue fund. Any new receipts
credited to that account in the first
year in excess of $3,943,000 must be
transferred and credited to the general
fund. Any new receipts credited to
that account in the second year in
excess of $3,943,000 must be
transferred and credited to the general
fund.

$2,909,000 the first year and
$2,909,000 the second year are for
reimbursements to local governments for
peace officer training costs.

Sec. 11.

PRIVATE DETECTIVE BOARD 126,000 126,000

Sec. 12.

HUMAN RIGHTS 3,490,000 3,490,000

Sec. 13. DEPARTMENT OF CORRECTIONS

Subdivision 1.

Total
Appropriation 405,172,000 420,811,000

Summary by Fund

General Fund 404,282,000 419,921,000

Special Revenue 890,000 890,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Correctional
Institutions 289,090,000 304,578,000

Summary by Fund

General Fund 288,510,000 303,998,000

Special Revenue 580,000 580,000

[CONTRACTS FOR BEDS AT RUSH CITY.] If
the commissioner contracts with other
states, local units of government, or
the federal government to rent beds in
the Rush City Correctional Facility,
the commissioner shall charge a per
diem under the contract, to the extent
possible, that is equal to or greater
than the per diem cost of housing
Minnesota inmates in the facility.

Subd. 3.

Operations Support 15,558,000 15,558,000

Summary by Fund

General Fund 15,348,000 15,348,000

Special Revenue 210,000 210,000

Subd. 4.

Community Services 100,524,000 100,675,000

Summary by Fund

General Fund 100,424,000 100,575,000

Special Revenue 100,000 100,000

Sec. 14.

SENTENCING GUIDELINES 436,000 436,000

ARTICLE 2

PUBLIC SAFETY LAW CHANGES

Section 1.

Minnesota Statutes 2004, section 13.87,
subdivision 3, is amended to read:

Subd. 3.

Internet access.

(a) The Bureau of Criminal
Apprehension shall establish and maintain an Internet Web site
containing public criminal history data by July 1, 2004.

(b) Notwithstanding section 13.03, subdivision 3, paragraph
(a), the bureau may charge a fee for Internet access to public
criminal history data deleted text begin provided through August 1, 2005. The fee
may not exceed deleted text end new text begin of new text end $5 per deleted text begin inquiry or the amount needed to recoup
the actual cost of implementing and providing Internet access,
whichever is less. Fees collected must be deposited in the
general fund as a nondedicated receipt deleted text end new text begin name searched. The
superintendent of the Bureau of Criminal Apprehension shall
collect the fee and the receipts shall be directed to the
noncriminal background account in the special revenue fund new text end .

(c) The Web site must include a notice to the subject of
data of the right to contest the accuracy or completeness of
data, as provided under section 13.04, subdivision 4, and
provide a telephone number and address that the subject may
contact for further information on this process.

(d) The Web site must include the effective date of data
that is posted.

(e) The Web site must include a description of the types of
criminal history data not available on the site, including
arrest data, juvenile data, criminal history data from other
states, federal data, data on convictions where 15 years have
elapsed since discharge of the sentence, and other data that are
not accessible to the public.

(f) A person who intends to access the Web site to obtain
information regarding an applicant for employment, housing, or
credit must disclose to the applicant the intention to do so.
The Web site must include a notice that a person obtaining such
access must notify the applicant when a background check using
this Web site has been conducted.

(g) This subdivision does not create a civil cause of
action on behalf of the data subject.

deleted text begin (h) This subdivision expires July 31, 2007.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, deleted text begin subdivision deleted text end new text begin subdivisions new text end 2 new text begin and
3 new text end ; 171.18 deleted text begin , except subdivision 1, clause (10) deleted text end ; or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license
has been suspended under section 171.186 and who is not exempt
from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) new text begin Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall be deposited in the special
revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to
local units of government.
new text end

new text begin (e) new text end A suspension may be rescinded without fee for good
cause.

Sec. 3.

Minnesota Statutes 2004, section 171.26, is
amended to read:

171.26 MONEY CREDITED TO FUNDS.

All money received under this chapter must be paid into the
state treasury and credited to the trunk highway fund, except as
provided in sections 171.06, subdivision 2a; 171.07, subdivision
11, paragraph (g); 171.12, subdivision 8; new text begin 171.20, subdivision 4,
paragraph (d); new text end and 171.29, subdivision 2, paragraph (b).

Sec. 4.

new text begin [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council established. new text end

new text begin The Gang
and Drug Oversight Council is established to provide guidance
related to the investigation and prosecution of gang and drug
crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The oversight council shall consist
of the following individuals or their designees:
new text end

new text begin (1) the director of the office of special investigations,
as the representative of the commissioner of corrections;
new text end

new text begin (2) the superintendent of the Bureau of Criminal
Apprehension as the representative of the commissioner of public
safety;
new text end

new text begin (3) the attorney general;
new text end

new text begin (4) eight chiefs of police, selected by the Minnesota
Chiefs of Police Association, two of which must be selected from
cities with populations greater than 200,000;
new text end

new text begin (5) eight sheriffs, selected by the Minnesota Sheriffs
Association to represent each district, two sheriffs from
counties with populations greater than 500,000;
new text end

new text begin (6) the United States attorney for the district of
Minnesota;
new text end

new text begin (7) two county attorneys, selected by the Minnesota County
Attorneys Association;
new text end

new text begin (8) a command-level representative of a gang strike force;
new text end

new text begin (9) a representative from a drug task force, selected by
the Minnesota State Association of Narcotics Investigators;
new text end

new text begin (10) a representative from the United States Drug
Enforcement Administration;
new text end

new text begin (11) a representative from the United States Bureau of
Alcohol, Tobacco, and Firearms;
new text end

new text begin (12) a representative from the Federal Bureau of
Investigation; and
new text end

new text begin (13) two additional members who may be selected by the
oversight council.
new text end

new text begin The oversight council may adopt procedures to govern its conduct
as necessary and may select a chair from among its members.
new text end

new text begin Subd. 3. new text end [OVERSIGHT COUNCIL'S DUTIES.] new text begin The oversight
council shall develop an overall strategy to ameliorate the harm
caused to the public by gang and drug crime within the state of
Minnesota. This strategy may include the development of
protocols and procedures to investigate gang and drug crime and
a structure for best addressing these issues in a
multijurisdictional manner. Additionally, the oversight council
shall:
new text end

new text begin (1) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
new text end

new text begin (2) establish multijurisdictional task forces and strike
forces to combat gang and drug crime, to include a metro gang
strike force;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interests;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat gang and
drug crime;
new text end

new text begin (5) assist in developing a process to collect and share
information to improve the investigation and prosecution of drug
offenses;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide coordinator and the oversight council;
and
new text end

new text begin (7) adopt the criteria specified in section 299C.091 for
use in determining whether individuals are or may be members of
gangs involved in criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Statewide coordinator. new text end

new text begin The current gang strike
force commander shall serve as a transition coordinator until
July 1, 2006, at which time the commissioner of public safety
shall appoint a statewide coordinator as recommended by the
oversight council. The coordinator serving in the unclassified
service shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional gang and
drug enforcement activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols; and
new text end

new text begin (5) implement an outcome evaluation and data quality
control process.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin All
participating law enforcement officers must be licensed peace
officers as defined by section 626.84, subdivision 1, or
qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same
entity that employed them before joining any multijurisdictional
entity established under this section. Participating officers
are not employees of the state.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the council, may make grants to
state and local units of government to combat gang and drug
crime.
new text end

new text begin Subd. 8. new text end

new text begin Oversight council is permanent. new text end

new text begin Notwithstanding
section 15.059, this section does not expire.
new text end

new text begin Subd. 9. new text end

new text begin Funding. new text end

new text begin Participating agencies may accept
lawful grants or contributions from any federal source or legal
business or entity.
new text end

new text begin Subd. 10. new text end

new text begin Role of the attorney general. new text end

new text begin The attorney
general or a designee shall generally advise on any matters that
the oversight council deems appropriate.
new text end

new text begin Subd. 11. new text end

new text begin Attorney general; community liaison. new text end

new text begin (a) The
attorney general or a designee shall serve as a liaison between
the oversight council and the councils created in sections
3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
designee will be responsible for:
new text end

new text begin (1) informing the councils of the plans, activities, and
decisions and hearing their reactions to those plans,
activities, and decisions; and
new text end

new text begin (2) providing the oversight council with the council's
position on the oversight council's plan, activities, and
decisions.
new text end

new text begin (b) In no event is the oversight council required to
disclose the names of individuals identified by it to the
councils referenced in this subdivision.
new text end

new text begin (c) Nothing in this subdivision changes the data
classification of any data held by the oversight council.
new text end

Sec. 5.

Minnesota Statutes 2004, section 299F.391,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section
the following definitions shall apply:

(a) deleted text begin "Lodging house" means any building or portion thereof
containing not more than five guest rooms which are used or
intended to be used for sleeping purposes by guests and where
rent is paid in money, goods, labor or otherwise deleted text end new text begin "Dormitory"
means all or a portion of a building containing one or more
rooms for group sleeping or closely associated rooms used for
sleeping new text end .

(b) "Hospital" has the meaning given it in section 144.50.

(c) "Hotel" means deleted text begin any building or portion thereof
containing six or more guest rooms intended or designed to be
used, or which are deleted text end new text begin a hotel, motel, resort, boarding house, bed
and breakfast, furnished apartment house, or other building that
is kept, new text end used, deleted text begin rented, hired out to be occupied, or which are
occupied for deleted text end new text begin advertised, or held out to the public as a place
where new text end sleeping deleted text begin purposes by deleted text end new text begin or housekeeping accommodations are
supplied for pay to new text end guests deleted text begin , and which is required to be licensed
pursuant to chapter 157 deleted text end new text begin for transient occupancy new text end .

(d) "Nursing home" has the meaning given it in section
144A.01.

deleted text begin (e) "School" means any public or private school or
educational institution.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 299F.46,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin hotel deleted text end inspection new text begin of hotels and other
lodging facilities new text end .

(a) deleted text begin It shall be the duty of deleted text end The
commissioner of public safety deleted text begin to deleted text end new text begin shall new text end inspect deleted text begin , deleted text end or deleted text begin cause to
be deleted text end new text begin have new text end inspected deleted text begin , deleted text end at least once every three years deleted text begin , deleted text end every hotel
deleted text begin in this state; deleted text end and deleted text begin , deleted text end new text begin other lodging facility with five or more
guest rooms; dormitories; youth or family camps; and juvenile
group home buildings. new text end For that purpose, the commissioner deleted text begin , or
the commissioner's deputies or designated alternates or agents,
shall have the right to deleted text end new text begin may new text end enter or deleted text begin have deleted text end access deleted text begin thereto
deleted text end new text begin lodging facility buildings new text end at any reasonable hour deleted text begin ; and, when,
upon such inspection, it shall be found that the hotel so
inspected does not conform to or is not being operated in
accordance with the provisions of sections 157.011 and 157.15 to
157.22, in so far as the same relate to fire prevention or fire
protection of hotels, or the rules promulgated thereunder, or is
being deleted text end new text begin . These buildings must be new text end maintained or operated in deleted text begin such
manner as to violate the Minnesota deleted text end new text begin accordance with the new text end State
Fire Code promulgated pursuant to section 299F.011 or any other
law of this state relating to fire prevention and fire
protection deleted text begin of hotels, the commissioner and the deputies or
designated alternates or agents shall report such a situation to
the hotel inspector who shall proceed as provided for in chapter
157 deleted text end .

(b) The deleted text begin word deleted text end new text begin words new text end "hotel" deleted text begin , deleted text end new text begin and "dormitory," new text end as used in
this deleted text begin subdivision, has deleted text end new text begin section, have new text end the deleted text begin meaning deleted text end new text begin meanings new text end given
in section 299F.391.

Sec. 7.

Minnesota Statutes 2004, section 299F.46,
subdivision 3, is amended to read:

Subd. 3.

Inspection fees new text begin ; hotels and dormitories new text end .

(a)
For each hotel new text begin or dormitory with 35 or more rooms and new text end required
to have a fire inspection according to subdivision 1, the
commissioner of public safety may charge deleted text begin each hotel deleted text end a triennial
inspection fee of $435 and a per-room charge of $5 for one to 18
units, $6 for 19 to 35 units, $7 for 36 to 100 units, and $8 for
100 or more units new text begin , or a per bed charge of 50 cents for beds in a
group sleeping area new text end . deleted text begin The fee includes one follow-up
inspection. deleted text end The commissioner shall charge each resort new text begin not
classified as class 1c property under section 273.13 new text end a triennial
inspection fee of $435 and a per new text begin - new text end room charge of $5 for one to
ten units, $6 for 11 to 25 units, and $7 for 26 or more
units. new text begin These fees include one follow-up inspection.
new text end

The commissioner shall charge a fee of $225 for each additional
follow-up inspection for deleted text begin hotels and resorts deleted text end new text begin these buildings new text end ,
conducted in each three-year cycle that is necessary to bring
the deleted text begin hotel or resort deleted text end new text begin building new text end into compliance with the State Fire
Code.

(b) new text begin For each hotel or dormitory with fewer than 35 rooms
and each resort classified as class 1c property under section
273.13 and required to have a fire inspection according to
subdivision 1, the commissioner of public safety may charge a
triennial inspection fee of $217.50 and a per-room charge of $3
for a hotel or dormitory, and a per-cabin charge of $2.50, or a
per-bed charge of fifty cents per bed in group sleeping areas.
These fees include one follow-up inspection. The commissioner
shall charge a fee of $112.50 for each additional follow-up
inspection for these buildings, conducted in each three-year
cycle that is necessary to bring the building into compliance
with the State Fire Code.
new text end

new text begin (c) new text end Nothing in this subdivision prevents the
designated new text begin local government new text end agent new text begin , as defined in subdivision 2,
new text end from continuing to charge an new text begin established new text end inspection fee or from
establishing a new inspection fee.

deleted text begin (c) Hotels and motels with fewer than 35 rooms and resorts
classified as 1c under section 273.13 are exempt from the fee
requirements of this subdivision.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) The court shall impose and the court administrator shall
collect a deleted text begin $60 deleted text end new text begin $70 new text end surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating
to vehicle parking, for which there shall be a $3 surcharge. In
the Second Judicial District, the court shall impose, and the
court administrator shall collect, an additional $1 surcharge on
every person convicted of any felony, gross misdemeanor, or
petty misdemeanor offense, other than a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County
Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed.

(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.

(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.

(d) The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the commissioner of finance.

Sec. 9.

Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of
finance.

(a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:

(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit deleted text begin $32 deleted text end new text begin $42 new text end of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c).

Sec. 10.

Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee.

(a) Each customer of a wireless or wire-line telecommunications
service provider that furnishes service capable of originating a
911 emergency telephone call is assessed a fee to cover the
costs of ongoing maintenance and related improvements for
trunking and central office switching equipment for 911
emergency telecommunications service, plus administrative and
staffing costs of the commissioner related to managing the 911
emergency telecommunications service program. Recurring charges
by a wire-line telecommunications service provider for updating
the information required by section 403.07, subdivision 3, must
be paid by the commissioner if the wire-line telecommunications
service provider is included in an approved 911 plan and the
charges are made pursuant to tariff, price list, or contract.
The fee assessed under this section must also be used for the
purpose of offsetting the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made
from wireless phones.

(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.

(c) new text begin Until June 30, 2006, new text end the fee may not be less than eight
cents nor more than deleted text begin 40 deleted text end new text begin 65 new text end cents a month for each customer access
line or other basic access service, including trunk equivalents
as designated by the Public Utilities Commission for access
charge purposes and including wireless telecommunications
services. new text begin Effective July 1, 2006, the fee may not be less than
eight cents nor more than 50 cents a month for each customer
access line or other basic access service, including trunk
equivalents as designated by the commission for access charge
purposes and including wireless telecommunications services.
new text end With the approval of the commissioner of finance, the
commissioner of public safety shall establish the amount of the
fee within the limits specified and inform the companies and
carriers of the amount to be collected. When the revenue bonds
authorized under section 403.27, subdivision 1, have been fully
paid or defeased, the commissioner shall reduce the fee to
reflect that debt service on the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same
for all customers.

(d) The fee must be collected by each wireless or wire-line
telecommunications service provider subject to the fee. Fees
are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telecommunications service account in the
special revenue fund. The money in the account may only be used
for 911 telecommunications services.

(e) This subdivision does not apply to customers of
interexchange carriers.

(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the
commissioner if the 911 service provider is included in the
statewide design plan and the charges are made pursuant to
tariff, price list, or contract.

Sec. 11.

Minnesota Statutes 2004, section 403.27, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Authorization; third phase. new text end

new text begin The commissioner
of finance, if requested by a vote of at least two-thirds of all
of the members of the Statewide Radio Board, may authorize the
issuance of revenue bonds or other debt instrument for any of
the following purposes to:
new text end

new text begin (1) provide funds for the elements of the third phase of
the statewide public safety radio communication system that the
board determines are of regional or statewide benefit and
support mutual aid and emergency medical services communication
including, but not limited to, costs of master controllers of
the backbone;
new text end

new text begin (2) provide funds for the third phase of the public safety
radio communication system; and
new text end

new text begin (3) refund bonds issued under this section.
new text end

Sec. 12.

Minnesota Statutes 2004, section 403.27,
subdivision 3, is amended to read:

Subd. 3.

Limitations.

(a) The principal amount of the
bonds issued pursuant to subdivision 1, exclusive of any
original issue discount, shall not exceed the amount of
$10,000,000 plus the amount the council determines necessary to
pay the costs of issuance, fund reserves, debt service, and pay
for any bond insurance or other credit enhancement.

(b) In addition to the amount authorized under paragraph
(a), the council may issue bonds under subdivision 1 in a
principal amount of $3,306,300, plus the amount the council
determines necessary to pay the cost of issuance, fund reserves,
debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
may not be used to finance portable or subscriber radio sets.

(c) deleted text begin In addition to the amount authorized under paragraphs
(a) and (b), the council may issue bonds under subdivision 1 in
a principal amount of $18,000,000, plus the amount the council
determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
must be used to pay up to 50 percent of the cost to a local
government unit of building a subsystem and may not be used to
finance portable or subscriber radio sets. The bond proceeds
may be used to make improvements to an existing 800 MHz radio
system that will interoperate with the regionwide public safety
radio communication system, provided that the improvements
conform to the board's plan and technical standards. The
council must time the sale and issuance of the bonds so that the
debt service on the bonds can be covered by the additional
revenue that will become available in the fiscal year ending
June 30, 2005, generated under section 403.11 and appropriated
under section 403.30.
deleted text end

deleted text begin (d) In addition to the amount authorized under paragraphs
(a) to (c), deleted text end The deleted text begin council deleted text end new text begin commissioner of finance new text end may issue bonds
new text begin or other debt instrument new text end under subdivision deleted text begin 1 deleted text end new text begin 1a new text end in a principal
amount of up to deleted text begin $27,000,000 deleted text end new text begin $45,000,000 new text end , plus the amount the
deleted text begin council deleted text end new text begin commissioner of finance new text end determines necessary to pay the
costs of issuance, fund reserves, debt service, and any bond
insurance or other credit enhancement. The proceeds of bonds
issued under this paragraph are appropriated to the commissioner
of public safety for phase three of the public safety radio
communication system. deleted text begin In anticipation of the receipt by the
commissioner of public safety of the bond proceeds, the
Metropolitan Radio Board may advance money from its operating
appropriation to the commissioner of public safety to pay for
design and preliminary engineering for phase three. The
commissioner of public safety must return these amounts to the
Metropolitan Radio Board when the bond proceeds are received.
deleted text end

Sec. 13.

Minnesota Statutes 2004, section 403.27,
subdivision 4, is amended to read:

Subd. 4.

Security.

The bonds new text begin issued under subdivision 1
new text end may be secured by a bond resolution or a trust indenture entered
into by the council with a corporate trustee within or outside
the state which shall define the fee pledged for the payment and
security of the bonds and for payment of all necessary and
reasonable debt service expenses until all the bonds referred to
in subdivision 1 are fully paid or discharged in accordance with
law. The pledge shall be a valid charge on the emergency
telephone service fee provided in chapter 403. No mortgage of
or security interest in any tangible real or personal property
shall be granted to the bondholders or the trustee, but they
shall have a valid security interest in the revenues and bond
proceeds received by the council and pledged to the payment of
the bonds as against the claims of all persons in tort,
contract, or otherwise, irrespective of whether the parties have
notice and without possession or filing as provided in the
Uniform Commercial Code, or any other law, subject however to
the rights of the holders of any general obligation bonds issued
under section 403.32. In the bond resolution or trust
indenture, the council may make covenants as it determines to be
reasonable for the protection of the bondholders.

Neither the council, nor any council member, officer,
employee, or agent of the council, nor any person executing the
bonds shall be liable personally on the bonds by reason of their
issuance. The bonds are not payable from, and are not a charge
upon, any funds other than the revenues and bond proceeds
pledged to their payment. The council is not subject to any
liability on the bonds and has no power to obligate itself to
pay or to pay the bonds from funds other than the revenues and
bond proceeds pledged. No holder of bonds has the right to
compel any exercise of the taxing power of the council, except
any deficiency tax levy the council covenants to certify under
section 403.31, or any other public body, to the payment of
principal of or interest on the bonds. No holder of bonds has
the right to enforce payment of principal or interest against
any property of the council or other public body other than that
expressly pledged for the payment of the bonds.

Sec. 14.

Minnesota Statutes 2004, section 403.27, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Security. new text end

new text begin The bonds or other debt instrument
issued under subdivision 1a may be secured by a bond resolution
or a trust indenture entered into by the commissioner of finance
with a corporate trustee within or outside the state which shall
define the fee pledged for the payment and security of the bonds
or other debt instrument and for payment of all necessary and
reasonable debt service expenses until all the bonds or other
debt instruments referred to in subdivision 1a are fully paid or
discharged in accordance with law. The pledge shall be a valid
charge on the emergency telephone service fee provided in this
chapter. The bonds or other debt instrument shall have a valid
security interest in the revenues and proceeds received by the
commissioner of finance and pledged to the payment of the bonds
or other debt instrument as against the claims of all persons in
tort, contract, or otherwise, irrespective of whether the
parties have notice and without possession or filing as provided
in the Uniform Commercial Code, or any other law. In the bond
resolution or trust indenture, the commissioner of finance may
make covenants as may be reasonable for the protection of the
bondholders or other creditor.
new text end

new text begin The bonds or other debt instrument are not payable from,
and are not a charge upon, any funds other than the revenues and
bond or other debt instrument proceeds pledged to their
payment. The state of Minnesota is not subject to any liability
on the bonds and the commissioner of finance has no power to
obligate the state of Minnesota to pay or to pay the bonds or
other debt instruments from funds other than the revenues and
debt instrument proceeds pledged. No holder of bonds has the
right to compel any exercise of the taxing power of the state of
Minnesota, except any deficiency tax levy the commissioner is
authorized to certify under section 403.31, or any other public
body, to the payment of principal of or interest on the bonds or
other debt instrument. No holder of bonds has the right to
enforce payment of principal or interest against any property of
the state of Minnesota or other public body other than that
expressly pledged for the payment of the bonds or other debt
instrument.
new text end

Sec. 15.

Minnesota Statutes 2004, section 403.30,
subdivision 1, is amended to read:

Subdivision 1.

Standing appropriation; costs covered.

For each fiscal year beginning with the fiscal year commencing
July 1, 1997, the amount necessary to pay the following costs is
appropriated to the commissioner of public safety from the 911
emergency telecommunications service account established under
section 403.11:

(1) debt service costs and reserves for bonds issued
pursuant to section 403.27 new text begin , subdivision 1 new text end ; new text begin and
new text end

(2) deleted text begin repayment of the right-of-way acquisition loans;
deleted text end

deleted text begin (3) costs of design, construction, maintenance of, and
improvements to those elements of the first, second, and third
phases that support mutual aid communications and emergency
medical services;
deleted text end

deleted text begin (4) recurring charges for leased sites and equipment for
those elements of the first, second, and third phases that
support mutual aid and emergency medical communication services;
or
deleted text end

deleted text begin (5) aid to local units of government for sites and
equipment in support of mutual aid and emergency medical
communications services deleted text end new text begin cost authorized under subdivision 1a new text end .

This appropriation shall be used to pay annual debt service
costs and reserves for bonds issued pursuant to section 403.27 new text begin ,
subdivision 1, new text end prior to use of fee money to pay other costs
eligible under this subdivision. In no event shall the
appropriation for each fiscal year exceed an amount equal to
four cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including cellular and other nonwire access services, in the
fiscal year. deleted text begin Beginning July 1, 2004, this amount will increase
to 13 cents a month.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 403.30, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Standing appropriation; costs covered. new text end

new text begin (a) For
each fiscal year beginning with the fiscal year commencing July
1, 2005, the amount necessary to pay the following costs is
appropriated to the commissioner of public safety from the 911
emergency telecommunications service account established under
section 403.11:
new text end

new text begin (1) debt service costs and reserves for bonds or other debt
instrument issued pursuant to section 403.27, subdivision 1a;
new text end

new text begin (2) repayment of the right-of-way acquisition loans;
new text end

new text begin (3) costs of design, construction, maintenance of, and
improvements to those elements of the system backbone that
support mutual aid communications and emergency medical
services; and
new text end

new text begin (4) recurring charges for leased sites and equipment for
those elements of the system backbone that support mutual aid
and emergency medical communication services.
new text end

new text begin (b) The appropriation in paragraph (a) shall be used to pay
annual debt service costs and reserves for bonds issued pursuant
to section 403.27, subdivision 1a, prior to use of fee money to
pay other costs eligible under this subdivision. In no event
shall the appropriation for each fiscal year exceed an amount
equal to nine cents a month for each customer access line or
other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge
purposes and cellular and other nonwire access services in the
fiscal year, plus any excess amounts made available to the
commissioner under subdivision 1, clause (2).
new text end

Sec. 17.

Minnesota Statutes 2004, section 403.30,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin monthly deleted text end appropriation transfers.

deleted text begin Each month,
before the 25th day of the month, deleted text end The commissioner shall
transmit to the Metropolitan Council deleted text begin 1/12 of its total deleted text end new text begin from the
new text end approved appropriation deleted text begin for the regionwide public safety
communication system deleted text end new text begin of funds provided for in section 403.30,
subdivision 1, the amount necessary to meet debt service costs
and reserves for bonds issued by the Metropolitan Council
pursuant to section 403.27, subdivision 1 new text end .

Sec. 18.

Minnesota Statutes 2004, section 403.30, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Appropriation transfers. new text end

new text begin The commissioner
shall transmit to the commissioner of finance from the approved
appropriation of funds provided for in section 403.30,
subdivision 1a, the amount necessary to meet debt service costs
and reserves for bonds or other debt instrument issued by the
commissioner of finance pursuant to section 403.27, subdivision
1a.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.119, is
amended to read:

609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
DNA TESTING.

(a) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The court shall
order an offender to provide a biological specimen for the
purpose of future DNA analysis as described in section 299C.155
when:

(1) the court sentences a person charged with committing or
attempting to commit a felony offense not described in section
609.117, subdivision 1, and the person is convicted of that
offense or of any felony offense arising out of the same set of
circumstances; or

(2) the juvenile court adjudicates a person a delinquent
child who is petitioned for committing or attempting to commit a
felony offense not described in section 609.117, subdivision 1,
and is adjudicated delinquent for that offense or any
felony-level offense arising out of the same set of
circumstances.

The biological specimen shall be maintained by the Bureau of
Criminal Apprehension as provided in section 299C.155.

(b) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The commissioner
of corrections or local corrections authority shall order a
person to provide a biological specimen for the purpose of
future DNA analysis as described in section 299C.155 before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis, and the person:

(1) was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1, and was convicted of that offense or of any
felony offense arising out of the same set of circumstances; or

(2) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, or of any felony
offense arising out of the same set of circumstances if the
person was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1.

The commissioner of corrections or local corrections authority
shall forward the sample to the Bureau of Criminal Apprehension.

(c) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16 or 243.1605, the acceptance
is conditional on the offender providing a biological specimen
for the purposes of future DNA analysis as described in section
299C.155, if the offender was initially charged with committing
or attempting to commit a felony offense not described in
section 609.117, subdivision 1, and was convicted of that
offense or of any felony offense arising out of the same set of
circumstances. The specimen must be provided under supervision
of staff from the Department of Corrections or a Community
Corrections Act county within 15 business days after the
offender reports to the supervising agent. The cost of
obtaining the biological specimen is the responsibility of the
agency providing supervision.

Sec. 20. new text begin TRANSFER OF RESPONSIBILITIES.
new text end

new text begin The responsibility of the Department of Employment and
Economic Development for the youth intervention program is
transferred to the Department of Public Safety.
new text end

Sec. 21. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 116L.30 as section 299A.73. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 299A.64; 299A.65;
299A.66; and 403.30, subdivision 2, are repealed.
new text end

Sec. 23. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 22 are effective July 1, 2005.
new text end

ARTICLE 3

METHAMPHETAMINE PROVISIONS

Section 1.

Minnesota Statutes 2004, section 152.01,
subdivision 10, is amended to read:

Subd. 10.

Narcotic drug.

"Narcotic drug" means any of
the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:

(1) Opium, coca leaves, deleted text begin and deleted text end opiates new text begin , and methamphetamine new text end ;

(2) A compound, manufacture, salt, derivative, or
preparation of opium, coca leaves, deleted text begin or deleted text end opiates new text begin , or
methamphetamine new text end ;

(3) A substance, and any compound, manufacture, salt,
derivative, or preparation thereof, which is chemically
identical with any of the substances referred to in clauses (1)
and (2), except that the words "narcotic drug" as used in this
chapter shall not include decocainized coca leaves or extracts
of coca leaves, which extracts do not contain cocaine or
ecgonine.

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 152.02,
subdivision 6, is amended to read:

Subd. 6.

Schedule v; restrictions on methamphetamine
precursor drugs.

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

new text begin (1) "methamphetamine precursor drug" means any compound,
mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active
ingredients;
new text end

new text begin (2) "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 or by a licensed
veterinarian; and
new text end

new text begin (3) "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 (b) new text end The following items are listed in Schedule V:

new text begin (1) new text end any compound, mixture, or preparation containing any of
the following limited quantities of narcotic drugs, which shall
include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone deleted text begin ; deleted text end new text begin :
new text end

deleted text begin (1) deleted text end new text begin (i) new text end not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 grams deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 grams deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (3) deleted text end new text begin (iii) new text end not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unit deleted text begin . deleted text end new text begin ; or
new text end

deleted text begin (4) deleted text end new text begin (iv) new text end not more than 15 milligrams of anhydrous morphine
per 100 milliliters or per 100 grams new text begin ; and
new text end

new text begin (2) any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or as
one of its active ingredients new text end .

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

new text begin (d) 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 or 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 (e) A business establishment that offers for sale
methamphetamine precursor drugs in an over-the-counter sale
shall ensure that all packages of the drugs are displayed behind
a checkout counter where the public is not permitted and are
offered for sale only by a licensed pharmacist or a licensed
pharmacy technician. The establishment shall ensure that the
person making the sale requires the buyer:
new text end

new text begin (1) to provide photographic identification showing the
buyer's date of birth; and
new text end

new text begin (2) to sign a written document detailing the date of the
sale, the name of the buyer, and the amount of the drug sold.
Nothing in this paragraph requires the buyer to obtain a
prescription for the drug's purchase.
new text end

new text begin (f) No person may acquire through over-the-counter sales
more than six grams of methamphetamine precursor drugs within a
30-day period.
new text end

new text begin (g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18
years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
new text end

new text begin (h) A person who knowingly violates paragraph (c), (d),
(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both.
new text end

new text begin (i) An owner, operator, supervisor, or manager of a
business establishment that offers for sale methamphetamine
precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those
paragraphs if the person:
new text end

new text begin (1) did not have prior knowledge of, participate in, or
direct the employee or agent to commit the violation; and
new text end

new text begin (2) documents that an employee training program was in
place to provide the employee or agent with information on the
state and federal laws and regulations regarding methamphetamine
precursor drugs.
new text end

new text begin (j) 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 (k) Paragraphs (c) to (j) do not apply to:
new text end

new text begin (1) 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 (2) methamphetamine precursor drugs that are certified by
the Board of Pharmacy as being manufactured in a manner that
prevents the drug from being used to manufacture
methamphetamine; or
new text end

new text begin (3) methamphetamine precursor drugs in gel capsule or
liquid form.
new text end

new text begin (l) The Board of Pharmacy shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
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. 3.

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, 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 include, but are 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. 4.

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. 5.

Minnesota Statutes 2004, section 152.027,
subdivision 1, is amended to read:

Subdivision 1.

Sale of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6, new text end a person
who unlawfully sells one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.

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.

Minnesota Statutes 2004, section 152.027,
subdivision 2, is amended to read:

Subd. 2.

Possession of schedule v controlled substance.

new text begin Except as provided in section 152.02, subdivision 6, new text end a person
who unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both. The court may order that
a person who is convicted under this subdivision and placed on
probation be required to take part in a drug education program
as specified by the court.

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 [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
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
manufacturing 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; notice; 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 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 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 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 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 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 (g) The applicable authority issuing an order under
paragraph (c) shall record with the county recorder or registrar
of titles of the county where the clandestine lab is located an
affidavit containing a legal description of the property where
the clandestine lab was located that discloses to any potential
transferee:
new text end

new text begin (1) that the land was the site of a clandestine lab;
new text end

new text begin (2) the location, condition, and circumstances of the
clandestine lab, to the full extent known or reasonably
ascertainable; and
new text end

new text begin (3) that the use of the property or some portion of it may
be restricted as provided by paragraph (c).
new text end

new text begin If the authority vacates its order under paragraph (e), the
authority shall record an affidavit noting this fact.
new text end

new text begin (h) Unless an affidavit has already been filed under
paragraph (g), before any transfer of ownership of any property
that the owner knew or should have known had been used as 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, regardless of when
this occurred or whether an order under paragraph (c) had been
issued, the owner shall record with the county recorder or
registrar of titles of the county in which the property is
located an affidavit containing the information required under
paragraph (g), clauses (1) and (2). Any person who violates
this paragraph is guilty of a petty misdemeanor.
new text end

new text begin (i) If proper removal and remediation has occurred on the
property, an interested party may record an affidavit indicating
that this has occurred. Failure to record such an affidavit
does not affect or prevent any transfer of ownership of the
property.
new text end

new text begin (j) The county recorder or registrar of titles must record
all affidavits presented under paragraph (g), (h), or (i) in a
manner that assures their disclosure in the ordinary course of a
title search of the subject property.
new text end

new text begin (k) The commissioner of health shall post on the Internet
contact information for each local community health services
administrator.
new text end

new text begin (l) 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 either upon request or by other means.
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.

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
152.02, subdivision 6 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. 9.

new text begin [152.136] 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. 10.

new text begin [152.137] 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
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. 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 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. 6. new text end

new text begin Reporting maltreatment of vulnerable adult. 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. 11.

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 152.137; 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; new text begin and new text end 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