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Minnesota Legislature

Office of the Revisor of Statutes

HF 2351

as introduced - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/11/2019

Current Version - as introduced

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A bill for an act
relating to crime; adding the manufacture of dimethyltryptamine as a controlled
substance crime; amending Minnesota Statutes 2018, sections 152.021, subdivision
2a; 152.0275; 446A.083, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 152.021, subdivision 2a, is amended to read:


Subd. 2a.

Methamphetaminenew text begin; dimethyltryptamine;new text end manufacture
crime.

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 methamphetaminenew text begin or dimethyltryptaminenew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 152.0275, is amended to read:


152.0275 CERTAIN CONTROLLED SUBSTANCE OFFENSES; RESTITUTION;
PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.

Subdivision 1.

Restitution.

(a) As used in this subdivision:

(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
methamphetaminenew text begin or dimethyltryptaminenew text end;

(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;

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

(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.

(b) A court may 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 may cover the reasonable costs of
their participation in the response.

(c) In addition to the restitution authorized in paragraph (b), a court may 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.

Subd. 2.

Property-related prohibitions; notice; website.

(a) As used in this subdivision:

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

(2) "property" means publicly or privately owned real property including buildings and
other structures, motor vehicles as defined in section 609.487, subdivision 2a, public waters,
and public rights-of-way;

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

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

(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.

(c) A county or local health department or sheriff shall order that any property or portion
of a 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 methamphetaminenew text begin or
dimethyltryptamine
new text end or any part of the manufacturing process, or the by-products or degradates
of manufacturing methamphetaminenew text begin or dimethyltryptaminenew text end be prohibited from being
occupied or used until it has been assessed and remediated as provided in the Department
of Health's clandestine drug labs general cleanup guidelines. The remediation shall be
accomplished by a contractor who will make the verification required under paragraph (e).

(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.

(e) Upon the proper removal and remediation of any property used as a clandestine lab
site, the contractor shall verify to the property owner and 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. The contractor
shall provide the verification to the property owner and the applicable authority within five
days from the completion of the remediation. Following this, the applicable authority shall
vacate its order.

(f) If a contractor issues a verification and the property was not remediated according
to the Department of Health's clandestine drug labs general cleanup guidelines, the contractor
is liable to the property owner for the additional costs relating to the proper remediation of
the property according to the guidelines and for reasonable attorney fees for collection of
costs by the property owner. An action under this paragraph must be commenced within
six years from the date on which the verification was issued by the contractor.

(g) 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 methamphetaminenew text begin or dimethyltryptaminenew text end or any part of the manufacturing process, or
the by-products or degradates of manufacturing methamphetaminenew text begin or dimethyltryptaminenew text end
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).

(h) 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 the name of the owner, a legal description of the property where the
clandestine lab was located, and a map drawn from available information showing the
boundary of the property and the location of the contaminated area on the property that is
prohibited from being occupied or used that discloses to any potential transferee:

(1) that the property, or portion of the property, was the site of a clandestine lab;

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

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

If an inaccurate drawing or description is filed, the authority, on request of the owner
or another interested person, shall file a supplemental affidavit with a corrected drawing or
description.

If the authority vacates its order under paragraph (e), the authority shall record an affidavit
that contains the recording information of the above affidavit and states that the order is
vacated. Upon filing the affidavit vacating the order, the affidavit and the affidavit filed
under this paragraph, together with the information set forth in the affidavits, cease to
constitute either actual or constructive notice.

(i) If proper removal and remediation has occurred on the property, an interested party
may record an affidavit indicating that this has occurred. Upon filing the affidavit described
in this paragraph, the affidavit and the affidavit filed under paragraph (h), together with the
information set forth in the affidavits, cease to constitute either actual or constructive notice.
Failure to record an affidavit under this section does not affect or prevent any transfer of
ownership of the property.

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

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

(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 name
of the owner, 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.

(m) Before signing an agreement to sell or transfer real property, the seller or transferor
must disclose in writing to the buyer or transferee if, to the seller's or transferor's knowledge,
methamphetamine production has occurred on the property. If methamphetaminenew text begin or
dimethyltryptamine
new text end production has occurred on the property, the disclosure shall include a
statement to the buyer or transferee informing the buyer or transferee:

(1) whether an order has been issued on the property as described in paragraph (c);

(2) whether any orders issued against the property under paragraph (c) have been vacated
under paragraph (j); or

(3) if there was no order issued against the property and the seller or transferor is aware
that methamphetaminenew text begin or dimethyltryptaminenew text end production has occurred on the property, the
status of removal and remediation on the property.

(n) Unless the buyer or transferee and seller or transferor agree to the contrary in writing
before the closing of the sale, a seller or transferor who fails to disclose, to the best of their
knowledge, at the time of sale any of the facts required, and who knew or had reason to
know of methamphetaminenew text begin or dimethyltryptaminenew text end production on the property, is liable to
the buyer or transferee for:

(1) costs relating to remediation of the property according to the Department of Health's
clandestine drug labs general cleanup guidelines and best practices; and

(2) reasonable attorney fees for collection of costs from the seller or transferor.

An action under this paragraph must be commenced within six years after the date on which
the buyer or transferee closed the purchase or transfer of the real property where the
methamphetaminenew text begin or dimethyltryptaminenew text end production occurred.

(o) This section preempts all local ordinances relating to the sale or transfer of real
property designated as a clandestine lab site.

Sec. 3.

Minnesota Statutes 2018, section 446A.083, subdivision 2, is amended to read:


Subd. 2.

Account established.

The authority shall establish a methamphetaminenew text begin and
dimethyltryptamine
new text end laboratory cleanup revolving account in the public facility authority
fund to provide loans to counties and cities to remediate clandestine lab sites. The account
must be credited with repayments.