HF 1989

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; regulating the sale of 
  1.3             methamphetamine precursor drugs; authorizing reporting 
  1.4             of suspicious transactions involving these drugs and 
  1.5             providing civil immunity for so doing; requiring a 
  1.6             methamphetamine educational program for retailers; 
  1.7             further regulating while recodifying activities 
  1.8             involving anhydrous ammonia; requiring courts to order 
  1.9             restitution in certain situations involving controlled 
  1.10            substances; imposing property restrictions in certain 
  1.11            situations involving controlled substances; increasing 
  1.12            the criminal penalties for possessing certain 
  1.13            substances with the intent to manufacture 
  1.14            methamphetamine and imposing a mandatory minimum 
  1.15            sentence for so doing; establishing new 
  1.16            methamphetamine-related crimes; expanding the 
  1.17            definition of "violent crime" for mandatory sentencing 
  1.18            purposes; requiring that vehicles and other property 
  1.19            used to manufacture methamphetamine indicate this in 
  1.20            the title or deed; establishing a methamphetamine 
  1.21            laboratory cleanup revolving fund and authorizing 
  1.22            loans to assist counties and cities in conducting 
  1.23            methamphetamine cleanup; exempting certain substances 
  1.24            from being classified as controlled substances under 
  1.25            certain circumstances; exempting certain pediatric 
  1.26            products labeled pursuant to federal regulation from 
  1.27            law prohibiting sale of methamphetamine precursor 
  1.28            drugs; authorizing taking a child into protective 
  1.29            custody for health screening relating to 
  1.30            methamphetamine; imposing criminal penalties; 
  1.31            appropriating money; amending Minnesota Statutes 2002, 
  1.32            sections 152.135, subdivision 2; 168A.05, subdivision 
  1.33            3; 609.1095, subdivision 1; Minnesota Statutes 2003 
  1.34            Supplement, section 152.021, subdivisions 2a, 3; 
  1.35            proposing coding for new law in Minnesota Statutes, 
  1.36            chapters 152; 446A; repealing Minnesota Statutes 2002, 
  1.37            sections 18C.005, subdivisions 1a, 35a; 18C.201, 
  1.38            subdivisions 6, 7; 18D.331, subdivision 5. 
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40     Section 1.  [152.015] [GBL AND BDO.] 
  1.41     Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not 
  1.42  controlled substances and are exempted from regulation under 
  2.1   this chapter when: 
  2.2      (1) intended for industrial use and not for human 
  2.3   consumption; or 
  2.4      (2) occurring in a natural concentration and not the result 
  2.5   of deliberate addition. 
  2.6      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.7   152.021, subdivision 2a, is amended to read: 
  2.8      Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
  2.9   POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
  2.10  METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 
  2.11  sections 152.022, subdivision 1, 152.023, subdivision 1, and 
  2.12  152.024, subdivision 1, a person is guilty of controlled 
  2.13  substance crime in the first degree if the person manufactures 
  2.14  any amount of methamphetamine. 
  2.15     (b) Notwithstanding paragraph (a) and section 609.17, A 
  2.16  person is guilty of attempted manufacture of methamphetamine a 
  2.17  crime if the person possesses any chemical reagents or 
  2.18  precursors with the intent to manufacture methamphetamine.  As 
  2.19  used in this section, "chemical reagents or precursors" refers 
  2.20  to one or more includes, but is not limited to, any of the 
  2.21  following substances, or their salts, isomers, and salts of 
  2.22  isomers: 
  2.23     (1) ephedrine; 
  2.24     (2) pseudoephedrine; 
  2.25     (3) phenyl-2-propanone; 
  2.26     (4) phenylacetone; 
  2.27     (5) anhydrous ammonia, as defined in section 18C.005, 
  2.28  subdivision 1a; 
  2.29     (6) organic solvents; 
  2.30     (7) hydrochloric acid; 
  2.31     (8) lithium metal; 
  2.32     (9) sodium metal; 
  2.33     (10) ether; 
  2.34     (11) sulfuric acid; 
  2.35     (12) red phosphorus; 
  2.36     (13) iodine; 
  3.1      (14) sodium hydroxide; 
  3.2      (15) benzaldehyde; 
  3.3      (16) benzyl methyl ketone; 
  3.4      (17) benzyl cyanide; 
  3.5      (18) nitroethane; 
  3.6      (19) methylamine; 
  3.7      (20) phenylacetic acid; 
  3.8      (21) hydriodic acid; or 
  3.9      (22) hydriotic acid. 
  3.10     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.11  152.021, subdivision 3, is amended to read: 
  3.12     Subd. 3.  [PENALTY.] (a) A person convicted under 
  3.13  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
  3.14  imprisonment for not more than 30 years or to payment of a fine 
  3.15  of not more than $1,000,000, or both; a person convicted under 
  3.16  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
  3.17  for not more than three ten years or to payment of a fine of not 
  3.18  more than $5,000 $20,000, or both. 
  3.19     (b) If the conviction is a subsequent controlled substance 
  3.20  conviction, a person convicted under subdivisions 1 to 2a, 
  3.21  paragraph (a), shall be committed to the commissioner of 
  3.22  corrections for not less than four years nor more than 40 years 
  3.23  and, in addition, may be sentenced to payment of a fine of not 
  3.24  more than $1,000,000; a person convicted under subdivision 2a, 
  3.25  paragraph (b), may be sentenced to imprisonment for not more 
  3.26  than four 15 years or to payment of a fine of not more than 
  3.27  $5,000 $30,000, or both.  
  3.28     (c) In a prosecution under subdivision 1 involving sales by 
  3.29  the same person in two or more counties within a 90-day period, 
  3.30  the person may be prosecuted for all of the sales in any county 
  3.31  in which one of the sales occurred.  
  3.32     (d) Except as provided in paragraph (e), a person convicted 
  3.33  of violating subdivision 2a, paragraph (b), shall be committed 
  3.34  to the custody of the commissioner of corrections for not less 
  3.35  than two years, nor more than ten years. 
  3.36     (e) A person convicted of violating subdivision 2a, 
  4.1   paragraph (b), where the conviction is a subsequent controlled 
  4.2   substance conviction, shall be committed to the custody of the 
  4.3   commissioner of corrections for not less than three years, nor 
  4.4   more than 15 years. 
  4.5      (f) Prior to the time of sentencing, the prosecutor may 
  4.6   file a motion to have the person sentenced without regard to the 
  4.7   mandatory minimum sentence established by paragraph (d) or (e).  
  4.8   The motion shall be accompanied by a statement on the record of 
  4.9   the reasons for it.  When presented with the motion, or on its 
  4.10  own motion, the court may sentence the person without regard to 
  4.11  the mandatory minimum sentence if the court finds substantial 
  4.12  and compelling reasons to do so.  Sentencing a person in the 
  4.13  manner described in this paragraph is a departure from the 
  4.14  sentencing guidelines. 
  4.15     (g) A person convicted and sentenced as required by 
  4.16  paragraph (d) or (e) is not eligible for probation, parole, 
  4.17  discharge, work release, or supervised release, until that 
  4.18  person has served the full term of imprisonment as provided by 
  4.19  law, notwithstanding the provisions of sections 241.26, 242.19, 
  4.20  243.05, 244.04, 609.12, and 609.135. 
  4.21     Sec. 4.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
  4.22  RESTITUTION; PROHIBITIONS ON PROPERTY USE.] 
  4.23     Subdivision 1.  [RESTITUTION.] (a) As used in this 
  4.24  subdivision: 
  4.25     (1) "clandestine lab site" means any structure or 
  4.26  conveyance or outdoor location occupied or affected by 
  4.27  conditions or chemicals, typically associated with a clandestine 
  4.28  drug lab operation; 
  4.29     (2) "emergency response" includes, but is not limited to, 
  4.30  removing and collecting evidence, securing the site, removal, 
  4.31  remediation, and hazardous chemical assessment or inspection of 
  4.32  the site where the relevant offense or offenses took place, 
  4.33  regardless of whether these actions are performed by the public 
  4.34  entities themselves or by private contractors paid by the public 
  4.35  entities, or the property owner; 
  4.36     (3) "remediation" means proper cleanup, treatment, or 
  5.1   containment of hazardous substances or methamphetamine at or in 
  5.2   a clandestine lab site, and may include demolition or disposal 
  5.3   of structures or other property when an assessment so indicates; 
  5.4   and 
  5.5      (4) "removal" means the removal from the clandestine lab 
  5.6   site of precursor or waste chemicals, chemical containers, or 
  5.7   equipment associated with the manufacture, packaging, or storage 
  5.8   of illegal drugs. 
  5.9      (b) A court shall require a person convicted of 
  5.10  manufacturing or attempting to manufacture a controlled 
  5.11  substance or of an illegal activity involving a precursor 
  5.12  substance, where the response to the crime involved an emergency 
  5.13  response, to pay restitution to all public entities and property 
  5.14  owners that participated in the response.  The restitution 
  5.15  ordered must cover the reasonable costs of their participation 
  5.16  in the response.  
  5.17     (c) Notwithstanding paragraph (b), if the court finds that 
  5.18  the convicted person is indigent or that payment of the 
  5.19  restitution would create undue hardship for the convicted 
  5.20  person's immediate family, the court may reduce the amount of 
  5.21  restitution to an appropriate level.  
  5.22     Subd. 2.  [PROPERTY-RELATED PROHIBITIONS.] (a) As used in 
  5.23  this subdivision: 
  5.24     (1) "clandestine lab site" has the meaning given in 
  5.25  subdivision 1, paragraph (a); 
  5.26     (2) "property" includes buildings and other structures, and 
  5.27  motor vehicles as defined in section 609.487, subdivision 2a.  
  5.28  Property also includes real property whether publicly or 
  5.29  privately owned and public waters and rights-of-way; 
  5.30     (3) "remediation" has the meaning given in subdivision 1, 
  5.31  paragraph (a); and 
  5.32     (4) "removal" has the meaning given in subdivision 1, 
  5.33  paragraph (a).  
  5.34     (b) A peace officer who arrests a person at a clandestine 
  5.35  lab site shall notify the appropriate county or local health 
  5.36  department, state duty officer, and child protection services of 
  6.1   the arrest and the location of the site.  
  6.2      (c) A local unit of government or local health department 
  6.3   or sheriff shall order that all property that has been found to 
  6.4   be a clandestine lab site and contaminated by substances, 
  6.5   chemicals, or items of any kind used in the manufacture of 
  6.6   methamphetamine or any part of the manufacturing process, or the 
  6.7   byproducts or degradates of manufacturing methamphetamine be 
  6.8   prohibited from being occupied, rented, sold, or used until it 
  6.9   has been assessed and remediated as provided in the Department 
  6.10  of Health's clandestine drug labs general cleanup guidelines.  
  6.11     (d) Unless clearly inapplicable, the procedures specified 
  6.12  in chapter 145A and any related rules adopted under that chapter 
  6.13  addressing the enforcement of public health laws, the removal 
  6.14  and abatement of public health nuisances, and the remedies 
  6.15  available to property owners or occupants apply to this 
  6.16  subdivision.  
  6.17     (e) Upon the proper removal and remediation of any property 
  6.18  used as a clandestine lab site, the contractor shall verify that 
  6.19  the work was completed according to the Department of Health's 
  6.20  clandestine drug labs general cleanup guidelines and best 
  6.21  practices and that levels of contamination have been reduced to 
  6.22  levels set forth in the guidelines.  Following this, the 
  6.23  applicable authority shall vacate its order issued under 
  6.24  paragraph (c). 
  6.25     (f) If the applicable authority determines under paragraph 
  6.26  (c) that a motor vehicle has been contaminated by substances, 
  6.27  chemicals, or items of any kind used in the manufacture of 
  6.28  methamphetamine or any part of the manufacturing process, or the 
  6.29  byproducts or degradates of manufacturing methamphetamine and if 
  6.30  the authority is able to obtain the certificate of title for the 
  6.31  motor vehicle, the authority shall notify the registrar of motor 
  6.32  vehicles of this fact and in addition forward the certificate of 
  6.33  title to the registrar.  The authority shall also notify the 
  6.34  registrar when it vacates its order under paragraph (e). 
  6.35     Sec. 5.  Minnesota Statutes 2002, section 152.135, 
  6.36  subdivision 2, is amended to read: 
  7.1      Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
  7.2   ephedrine, its salts, optical isomers, and salts of optical 
  7.3   isomers is exempt from subdivision 1 if the drug product: 
  7.4      (1) may be lawfully sold over the counter without a 
  7.5   prescription under the federal Food, Drug, and Cosmetic Act, 
  7.6   United States Code, title 21, section 321, et seq.; 
  7.7      (2) is labeled and marketed in a manner consistent with the 
  7.8   pertinent OTC Tentative Final or Final Monograph; 
  7.9      (3) is manufactured and distributed for legitimate 
  7.10  medicinal use in a manner that reduces or eliminates the 
  7.11  likelihood of abuse; 
  7.12     (4) is not marketed, advertised, or labeled for the 
  7.13  indication of stimulation, mental alertness, weight loss, muscle 
  7.14  enhancement, appetite control, or energy; and 
  7.15     (5) is in solid oral dosage forms, including soft gelatin 
  7.16  caplets, that combine 400 milligrams of guaifenesin and 25 
  7.17  milligrams of ephedrine per dose, according to label 
  7.18  instructions; or is an anorectal preparation containing not more 
  7.19  than five percent ephedrine; and 
  7.20     (6) is sold in a manner that does not conflict with section 
  7.21  152.136. 
  7.22     (b) Subdivisions 1 and 3 shall not apply to products 
  7.23  containing ephedra or ma huang and lawfully marketed as dietary 
  7.24  supplements under federal law.  
  7.25     Sec. 6.  [152.136] [SALES OF METHAMPHETAMINE PRECURSOR 
  7.26  DRUGS; CRIMINAL PENALTIES; REPORTING.] 
  7.27     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  7.28  the following terms have the meanings given. 
  7.29     (b) "Methamphetamine precursor drug" means: 
  7.30     (1) a drug or product containing as its sole active 
  7.31  ingredient ephedrine or pseudoephedrine; or 
  7.32     (2) a combination drug or product containing as one of its 
  7.33  active ingredients ephedrine or pseudoephedrine. 
  7.34     (c) "Over-the-counter sale" means a retail sale of a drug 
  7.35  or product but does not include the sale of a drug or product 
  7.36  pursuant to the terms of a valid prescription.  
  8.1      (d) "Suspicious transaction" means the sale, distribution, 
  8.2   delivery, or other transfer of a substance under circumstances 
  8.3   that would lead a reasonable person to believe that the 
  8.4   substance is likely to be used to illegally manufacture a 
  8.5   controlled substance based on factors such as the amount of the 
  8.6   substance involved in the transaction, the method of payment, 
  8.7   the method of delivery, and any past dealings with any 
  8.8   participant in the transaction. 
  8.9      Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may sell in a 
  8.10  single over-the-counter sale more than three packages or any 
  8.11  combination of packages exceeding a total weight of nine grams 
  8.12  of a methamphetamine precursor drug or a combination of 
  8.13  methamphetamine precursor drugs. 
  8.14     (b) Over-the-counter sales of methamphetamine precursor 
  8.15  drugs are limited to: 
  8.16     (1) packages containing not more than a total of three 
  8.17  grams of one or more methamphetamine precursor drugs, calculated 
  8.18  in terms of ephedrine base and pseudoephedrine base; or 
  8.19     (2) for nonliquid products, sales in blister packs, where 
  8.20  each blister contains not more than two dosage units, or, if the 
  8.21  use of blister packs is not technically feasible, sales in unit 
  8.22  dose packets or pouches. 
  8.23     Subd. 3.  [CRIMINAL PENALTY.] A person who knowingly 
  8.24  violates subdivision 2 is guilty of a misdemeanor and may be 
  8.25  sentenced to imprisonment for not more than 90 days, or to 
  8.26  payment of a fine of not more than $1,000, or both. 
  8.27     Subd. 4.  [EXCEPTION TO CRIMINAL PENALTY.] (a) An owner, 
  8.28  operator, supervisor, or manager of a business establishment 
  8.29  that offers for sale methamphetamine precursor drugs whose 
  8.30  employee or agent is convicted of or charged with violating this 
  8.31  section is not subject to the criminal penalties for violating 
  8.32  this section if the person: 
  8.33     (1) did not have prior knowledge of, participate in, or 
  8.34  direct the employee or agent to commit the violation; and 
  8.35     (2) documents that an employee training program was in 
  8.36  place to provide the employee or agent with information on the 
  9.1   state and federal regulations regarding methamphetamine 
  9.2   precursor drugs. 
  9.3      (b) Subdivisions 2 and 3 do not apply to a methamphetamine 
  9.4   precursor drug that is manufactured in a manner that prevents 
  9.5   the drug from being used to manufacture methamphetamine. 
  9.6      Subd. 5.  [SUSPICIOUS TRANSACTIONS; REPORTING; 
  9.7   IMMUNITY.] Any person employed by a business establishment that 
  9.8   offers for sale methamphetamine precursor drugs who sells such a 
  9.9   drug to any person in a suspicious transaction shall report the 
  9.10  transaction to the owner, supervisor, or manager of the 
  9.11  establishment.  The owner, supervisor, or manager may report the 
  9.12  transaction to local law enforcement.  A person who reports 
  9.13  information under this subdivision in good faith is immune from 
  9.14  civil liability relating to the report. 
  9.15     Subd. 6.  [EXEMPTION.] This section does not apply to 
  9.16  pediatric products labeled pursuant to federal regulation 
  9.17  primarily intended for administration to children under 12 years 
  9.18  of age according to label instructions. 
  9.19     Subd. 7.  [PREEMPTION; INVALIDATION.] This section preempts 
  9.20  all local ordinances or regulations governing the sale by a 
  9.21  business establishment of over-the-counter products containing 
  9.22  ephedrine or pseudoephedrine.  All ordinances enacted prior to 
  9.23  the effective date of this act are void. 
  9.24     Sec. 7.  [152.137] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
  9.25  CRIMINAL PENALTIES; CIVIL LIABILITY.] 
  9.26     Subdivision 1.  [DEFINITIONS.] As used in this section, 
  9.27  "tamper" means action taken by a person not authorized to take 
  9.28  that action by law or by the owner or authorized custodian of an 
  9.29  anhydrous ammonia container or of equipment where anhydrous 
  9.30  ammonia is used, stored, distributed, or transported. 
  9.31     Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
  9.32     (1) steal or unlawfully take or carry away any amount of 
  9.33  anhydrous ammonia; 
  9.34     (2) purchase, possess, transfer or distribute any amount of 
  9.35  anhydrous ammonia, knowing, or having reason to know, that it 
  9.36  will be used to unlawfully manufacture a controlled substance; 
 10.1      (3) place, have placed, or possess anhydrous ammonia in a 
 10.2   container that is not designed, constructed, maintained, and 
 10.3   authorized to contain or transport anhydrous ammonia; 
 10.4      (4) transport anhydrous ammonia in a container that is not 
 10.5   designed, constructed, maintained, and authorized to transport 
 10.6   anhydrous ammonia; 
 10.7      (5) use, deliver, receive, sell, or transport a container 
 10.8   designed and constructed to contain anhydrous ammonia without 
 10.9   the express consent of the owner or authorized custodian of the 
 10.10  container; or 
 10.11     (6) tamper with any equipment or facility used to contain, 
 10.12  store, or transport anhydrous ammonia.  
 10.13     (b) For the purposes of this subdivision, containers 
 10.14  designed and constructed for the storage and transport of 
 10.15  anhydrous ammonia are described in rules adopted under section 
 10.16  18C.121, subdivision 1, or in Code of Federal Regulations, title 
 10.17  49.  
 10.18     Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
 10.19  paragraph (b), a person tampering with anhydrous ammonia 
 10.20  containers or equipment under subdivision 2 shall have no cause 
 10.21  of action for damages arising out of the tampering against: 
 10.22     (1) the owner or lawful custodian of the container or 
 10.23  equipment; 
 10.24     (2) a person responsible for the installation or 
 10.25  maintenance of the container or equipment; or 
 10.26     (3) a person lawfully selling or offering for sale the 
 10.27  anhydrous ammonia.  
 10.28     (b) Paragraph (a) does not apply to a cause of action 
 10.29  against a person who unlawfully obtained the anhydrous ammonia 
 10.30  or anhydrous ammonia container or who possesses the anhydrous 
 10.31  ammonia or anhydrous ammonia container for any unlawful purpose. 
 10.32     Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
 10.33  violates subdivision 2 is guilty of a felony and may be 
 10.34  sentenced to imprisonment for not more than five years or to 
 10.35  payment of a fine of not more than $50,000, or both.  
 10.36     Sec. 8.  [152.138] [METHAMPHETAMINE-RELATED CRIMES 
 11.1   INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
 11.2      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 11.3   the following terms have the meanings given. 
 11.4      (b) "Chemical substance" means a substance intended to be 
 11.5   used as a precursor in the manufacture of methamphetamine or any 
 11.6   other chemical intended to be used in the manufacture of 
 11.7   methamphetamine. 
 11.8      (c) "Child" means any person under the age of 18 years. 
 11.9      (d) "Methamphetamine paraphernalia" means all equipment, 
 11.10  products, and materials of any kind that are used, intended for 
 11.11  use, or designed for use in manufacturing, injecting, ingesting, 
 11.12  inhaling, or otherwise introducing methamphetamine into the 
 11.13  human body. 
 11.14     (e) "Methamphetamine waste products" means substances, 
 11.15  chemicals, or items of any kind used in the manufacture of 
 11.16  methamphetamine or any part of the manufacturing process, or the 
 11.17  byproducts or degradates of manufacturing methamphetamine.  
 11.18     (f) "Vulnerable adult" has the meaning given in section 
 11.19  609.232, subdivision 11. 
 11.20     Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
 11.21  engage in any of the following activities in the presence of a 
 11.22  child or vulnerable adult; in the residence of a child or a 
 11.23  vulnerable adult; in a building, structure, conveyance, or 
 11.24  outdoor location where a child or vulnerable adult might 
 11.25  reasonably be expected to be present; in a room offered to the 
 11.26  public for overnight accommodation; or in any multiple unit 
 11.27  residential building: 
 11.28     (1) manufacturing or attempting to manufacture 
 11.29  methamphetamine; 
 11.30     (2) storing any chemical substance; 
 11.31     (3) storing any methamphetamine waste products; or 
 11.32     (4) storing any methamphetamine paraphernalia. 
 11.33     (b) No person may knowingly cause or permit a child or 
 11.34  vulnerable adult to inhale, be exposed to, have contact with, or 
 11.35  ingest methamphetamine, a chemical substance, or methamphetamine 
 11.36  paraphernalia. 
 12.1      Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 12.2   subdivision 2 is guilty of a felony and may be sentenced to 
 12.3   imprisonment for not more than five years or to payment of a 
 12.4   fine of not more than $10,000, or both. 
 12.5      Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
 12.6   609.035 and 609.04, a prosecution for or conviction under this 
 12.7   section is not a bar to conviction of or punishment for any 
 12.8   other crime committed by the defendant as part of the same 
 12.9   conduct. 
 12.10     Subd. 5.  [CONSECUTIVE SENTENCES.] Notwithstanding any 
 12.11  provision of the sentencing guidelines, the court may provide 
 12.12  that a sentence imposed for a violation of this section shall 
 12.13  run consecutively to any sentence imposed for the intended 
 12.14  criminal act.  A decision of the court to impose consecutive 
 12.15  sentences under this subdivision is not a departure from the 
 12.16  sentencing guidelines. 
 12.17     Subd. 6.  [PROTECTIVE CUSTODY.] A peace officer may take 
 12.18  any child present in an area where any of the activities 
 12.19  described in subdivision 2, paragraph (a), clauses (1) to (4), 
 12.20  are taking place into protective custody in accordance with 
 12.21  section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
 12.22  child taken into protective custody under this subdivision shall 
 12.23  be provided health screening to assess potential health concerns 
 12.24  related to methamphetamine as provided in section 260C.188.  A 
 12.25  child not taken into protective custody under this subdivision 
 12.26  but who is known to have been exposed to methamphetamine shall 
 12.27  be offered health screening for potential health concerns 
 12.28  related to methamphetamine as provided in section 260C.188. 
 12.29     Subd. 7.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.) (a) 
 12.30  A peace officer shall make a report of suspected maltreatment of 
 12.31  a vulnerable adult if the vulnerable adult is present in an area 
 12.32  where any of the activities described in subdivision 2, 
 12.33  paragraph (a), clauses (1) to (4), are taking place, and the 
 12.34  peace officer has reason to believe the vulnerable adult 
 12.35  inhaled, was exposed to, had contact with, or ingested 
 12.36  methamphetamine, a chemical substance, or methamphetamine 
 13.1   paraphernalia.  The peace officer shall immediately report to 
 13.2   the county common entry point as described in section 626.557, 
 13.3   subdivision 9b.  
 13.4      (b) As required in section 626.557, subdivision 9b, law 
 13.5   enforcement is the primary agency to conduct investigations of 
 13.6   any incident when there is reason to believe a crime has been 
 13.7   committed.  Law enforcement shall initiate a response 
 13.8   immediately.  If the common entry point notified a county agency 
 13.9   for adult protective services, law enforcement shall cooperate 
 13.10  with that county agency when both agencies are involved and 
 13.11  shall exchange data to the extent authorized in section 626.557, 
 13.12  subdivision 12b, paragraph (g).  County adult protection shall 
 13.13  initiate a response immediately.  
 13.14     (c) The county social services agency shall immediately 
 13.15  respond as required in section 626.557, subdivision 10, upon 
 13.16  receipt of a report from the common entry point staff.  
 13.17     Sec. 9.  [152.185] [METHAMPHETAMINE AWARENESS AND 
 13.18  EDUCATIONAL ACCOUNT.] 
 13.19     Subdivision 1.  [ACCOUNT ESTABLISHED.] The methamphetamine 
 13.20  awareness and educational account is a special revenue account 
 13.21  in the state treasury.  Money in the account shall be used to 
 13.22  support projects relating to educating retailers and the public 
 13.23  on the dangers of methamphetamines and methamphetamine precursor 
 13.24  drugs and the laws and regulations governing their use. 
 13.25     Subd. 2.  [CONTRIBUTIONS.] The state may accept 
 13.26  contributions, gifts, grants, and bequests for deposit into the 
 13.27  fund. 
 13.28     Sec. 10.  Minnesota Statutes 2002, section 168A.05, 
 13.29  subdivision 3, is amended to read: 
 13.30     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
 13.31  title issued by the department shall contain: 
 13.32     (1) the date issued; 
 13.33     (2) the first, middle, and last names, the dates of birth, 
 13.34  and addresses of all owners who are natural persons, the full 
 13.35  names and addresses of all other owners; 
 13.36     (3) the names and addresses of any secured parties in the 
 14.1   order of priority as shown on the application, or if the 
 14.2   application is based on a certificate of title, as shown on the 
 14.3   certificate, or as otherwise determined by the department; 
 14.4      (4) any liens filed pursuant to a court order or by a 
 14.5   public agency responsible for child support enforcement against 
 14.6   the owner; 
 14.7      (5) the title number assigned to the vehicle; 
 14.8      (6) a description of the vehicle including, so far as the 
 14.9   following data exists, its make, model, year, identifying 
 14.10  number, type of body, whether new or used, and if a new vehicle, 
 14.11  the date of the first sale of the vehicle for use; 
 14.12     (7) with respect to motor vehicles subject to the 
 14.13  provisions of section 325E.15, the true cumulative mileage 
 14.14  registered on the odometer or that the actual mileage is unknown 
 14.15  if the odometer reading is known by the owner to be different 
 14.16  from the true mileage; 
 14.17     (8) with respect to vehicles subject to sections 325F.6641 
 14.18  and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
 14.19  "prior salvage," or "reconstructed"; and 
 14.20     (9) with respect to a vehicle contaminated by 
 14.21  methamphetamine production, if the registrar has received the 
 14.22  certificate of title and notice described in section 152.0275, 
 14.23  subdivision 2, paragraph (g), the term "hazardous waste 
 14.24  contaminated vehicle;" and 
 14.25     (10) any other data the department prescribes. 
 14.26     Sec. 11.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
 14.27  REVOLVING FUND.] 
 14.28     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 14.29     (1) "clandestine lab site" has the meaning given in section 
 14.30  152.0275, subdivision 1, paragraph (a); 
 14.31     (2) "property" has the meaning given in section 152.0275, 
 14.32  subdivision 2, paragraph (a), but does not include motor 
 14.33  vehicles; and 
 14.34     (3) "remediate" has the meaning given to remediation in 
 14.35  section 152.0275, subdivision 1, paragraph (a).  
 14.36     Subd. 2.  [FUND ESTABLISHED.] The authority shall establish 
 15.1   a methamphetamine laboratory cleanup revolving fund to provide 
 15.2   loans to counties and cities to remediate clandestine lab 
 15.3   sites.  The fund must be credited with repayments.  
 15.4      Subd. 3.  [APPLICATIONS.] Applications by a county or city 
 15.5   for a loan from the fund must be made to the authority on the 
 15.6   forms prescribed by the authority.  The application must 
 15.7   include, but is not limited to:  
 15.8      (1) the amount of the loan requested and the proposed use 
 15.9   of the loan proceeds; 
 15.10     (2) the source of revenues to repay the loan; and 
 15.11     (3) certification by the county or city that it meets the 
 15.12  loan eligibility requirements of subdivision 4.  
 15.13     Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
 15.14  for a loan under this section if the county or city: 
 15.15     (1) identifies a site or sites designated by a local public 
 15.16  health department or law enforcement as a clandestine lab site; 
 15.17     (2) has required the site's property owner to remediate the 
 15.18  site at cost, under chapter 145A or a local public health 
 15.19  nuisance ordinance that addresses clandestine lab remediation; 
 15.20     (3) certifies that the property owner cannot pay for the 
 15.21  remediation immediately; 
 15.22     (4) certifies that the property owner has not properly 
 15.23  remediated the site; and 
 15.24     (5) issues a revenue bond payable to the authority to 
 15.25  secure the loan.  
 15.26     Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
 15.27  OWNER.] (a) A loan recipient shall use the loan to remediate the 
 15.28  clandestine lab site or if this has already been done to 
 15.29  reimburse the applicable county or city fund for costs paid by 
 15.30  the recipient to remediate the clandestine lab site.  
 15.31     (b) A loan recipient shall seek reimbursement from the 
 15.32  owner of the property containing the clandestine lab site for 
 15.33  the costs of the remediation.  In addition to other lawful means 
 15.34  of seeking reimbursement, the loan recipient may recover its 
 15.35  costs through a property tax assessment by following the 
 15.36  procedures specified in section 145A.08, subdivision 2, 
 16.1   paragraph (c).  
 16.2      Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
 16.3   shall award loans to recipients on a first-come, first-served 
 16.4   basis, provided that the recipient is able to comply with the 
 16.5   terms and conditions of the authority loan, which must be in 
 16.6   conformance with this section.  The authority shall make a 
 16.7   single disbursement of the loan upon receipt of a payment 
 16.8   request that includes a list of remediation expenses and 
 16.9   evidence that a second-party sampling was undertaken to ensure 
 16.10  that the remediation work was successful or a guarantee that 
 16.11  such a sampling will be undertaken.  
 16.12     Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
 16.13  loans from the revolving fund, the authority shall comply with 
 16.14  the criteria in paragraphs (b) to (e).  
 16.15     (b) Loans must be made at a two percent per annum interest 
 16.16  rate for terms not to exceed ten years unless the recipient 
 16.17  requests a 20-year term due to financial hardship. 
 16.18     (c) The annual principal and interest payments must begin 
 16.19  no later than one year after completion of the clean up.  Loans 
 16.20  must be amortized no later than 20 years after completion of the 
 16.21  clean up.  
 16.22     (d) A loan recipient must identify and establish a source 
 16.23  of revenue for repayment of the loan and must undertake whatever 
 16.24  steps are necessary to collect payments within one year of 
 16.25  receipt of funds from the authority.  
 16.26     (e) The fund must be credited with all payments of 
 16.27  principal and interest on all loans, except the costs as 
 16.28  permitted under section 446A.04, subdivision 5, paragraph (a). 
 16.29     (f) Loans must be made only to recipients with clandestine 
 16.30  lab ordinances that address remediation.  
 16.31     Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
 16.32  may incur debt under this section by resolution of the board or 
 16.33  council authorizing issuance of a revenue bond to the authority. 
 16.34     Sec. 12.  Minnesota Statutes 2002, section 609.1095, 
 16.35  subdivision 1, is amended to read: 
 16.36     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 17.1   the following terms have the meanings given.  
 17.2      (b) "Conviction" means any of the following accepted and 
 17.3   recorded by the court:  a plea of guilty, a verdict of guilty by 
 17.4   a jury, or a finding of guilty by the court.  The term includes 
 17.5   a conviction by any court in Minnesota or another jurisdiction.  
 17.6      (c) "Prior conviction" means a conviction that occurred 
 17.7   before the offender committed the next felony resulting in a 
 17.8   conviction and before the offense for which the offender is 
 17.9   being sentenced under this section. 
 17.10     (d) "Violent crime" means a violation of or an attempt or 
 17.11  conspiracy to violate any of the following laws of this state or 
 17.12  any similar laws of the United States or any other state:  
 17.13  section sections 152.138; 609.165; 609.185; 609.19; 609.195; 
 17.14  609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
 17.15  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
 17.16  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
 17.17  609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
 17.18  609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
 17.19  1e; 609.687; 609.855, subdivision 5; any provision of sections 
 17.20  609.229; 609.377; 609.378; 609.749; and 624.713 that is 
 17.21  punishable by a felony penalty; or any provision of chapter 152 
 17.22  that is punishable by a maximum sentence of 15 years or more. 
 17.23     Sec. 13.  [METHAMPHETAMINE RETAIL EDUCATION PROGRAM.] 
 17.24     The commissioner of public safety shall develop and 
 17.25  implement a program designed to inform retailers and heighten 
 17.26  awareness in the business community of the dangers of illicit 
 17.27  methamphetamine production, distribution, use, and the ready 
 17.28  availability of methamphetamines in Minnesota.  The program must 
 17.29  include information on applicable state and federal laws and 
 17.30  regulations relating to methamphetamine and methamphetamine 
 17.31  precursor drugs. 
 17.32     Sec. 14.  [APPROPRIATION.] 
 17.33     (a) $....... is appropriated to the commissioner of public 
 17.34  safety from the methamphetamine awareness and educational 
 17.35  account in the special revenue fund for the fiscal year ending 
 17.36  June 30, 2004, for the methamphetamine retail education program 
 18.1   described in section 12. 
 18.2      (b) $....... is appropriated to the Public Facilities 
 18.3   Authority from the general fund for the fiscal year ending June 
 18.4   30, 2004, to carry out the authority's duties under Minnesota 
 18.5   Statutes, section 446A.083. 
 18.6      Sec. 15.  [REPEALER.] 
 18.7      Minnesota Statutes 2002, sections 18C.005, subdivisions 1a 
 18.8   and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
 18.9   5, are repealed.  
 18.10     Sec. 16.  [EFFECTIVE DATE.] 
 18.11     Sections 1 to 15 are effective August 1, 2004, and apply to 
 18.12  crimes committed on or after that date.