HF 572

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; scheduling ephedrine and 
  1.3             pseudoephedrine products as Schedule V controlled 
  1.4             substances; regulating the sale of methamphetamine 
  1.5             precursor drugs; authorizing reporting of suspicious 
  1.6             transactions involving these drugs and providing civil 
  1.7             immunity for so doing; further regulating while 
  1.8             recodifying activities involving anhydrous ammonia; 
  1.9             requiring courts to order restitution in certain 
  1.10            situations involving controlled substances; imposing 
  1.11            property restrictions in certain situations involving 
  1.12            controlled substances; increasing the criminal 
  1.13            penalties for possessing certain substances with the 
  1.14            intent to manufacture methamphetamine and recodifying 
  1.15            this crime; establishing new methamphetamine-related 
  1.16            crimes; clarifying the definition of "narcotic drug"; 
  1.17            expanding the definition of "violent crime" for 
  1.18            mandatory sentencing purposes; requiring that vehicles 
  1.19            and other property used to manufacture methamphetamine 
  1.20            indicate this in the title or by an affidavit; 
  1.21            requiring notice to schools when children are taken 
  1.22            into protective custody after being found at a 
  1.23            methamphetamine laboratory; establishing a 
  1.24            methamphetamine laboratory cleanup revolving fund and 
  1.25            authorizing loans to assist counties and cities in 
  1.26            conducting methamphetamine cleanup; imposing criminal 
  1.27            penalties; providing for ten new Bureau of Criminal 
  1.28            Apprehension agents dedicated to methamphetamine 
  1.29            enforcement; appropriating money; amending Minnesota 
  1.30            Statutes 2004, sections 152.01, subdivision 10; 
  1.31            152.02, subdivision 6; 152.021, subdivisions 2a, 3; 
  1.32            152.027, subdivisions 1, 2; 152.135, subdivision 2; 
  1.33            168A.05, subdivision 3; 260B.171, by adding a 
  1.34            subdivision; 609.1095, subdivision 1; proposing coding 
  1.35            for new law in Minnesota Statutes, chapters 152; 446A; 
  1.36            repealing Minnesota Statutes 2004, sections 18C.005, 
  1.37            subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 
  1.38            18D.331, subdivision 5.  
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40                             ARTICLE 1
  1.41                     METHAMPHETAMINE PROVISIONS
  1.42     Section 1.  Minnesota Statutes 2004, section 152.01, 
  2.1   subdivision 10, is amended to read: 
  2.2      Subd. 10.  [NARCOTIC DRUG.] "Narcotic drug" means any of 
  2.3   the following, whether produced directly or indirectly by 
  2.4   extraction from substances of vegetable origin, or independently 
  2.5   by means of chemical synthesis, or by a combination of 
  2.6   extraction and chemical synthesis: 
  2.7      (1) Opium, coca leaves, and opiates, and methamphetamine; 
  2.8      (2) A compound, manufacture, salt, derivative, or 
  2.9   preparation of opium, coca leaves, or opiates, or 
  2.10  methamphetamine; 
  2.11     (3) A substance, and any compound, manufacture, salt, 
  2.12  derivative, or preparation thereof, which is chemically 
  2.13  identical with any of the substances referred to in clauses (1) 
  2.14  and (2), except that the words "narcotic drug" as used in this 
  2.15  chapter shall not include decocainized coca leaves or extracts 
  2.16  of coca leaves, which extracts do not contain cocaine or 
  2.17  ecgonine. 
  2.18     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  2.19  and applies to crimes committed on or after that date.  
  2.20     Sec. 2.  Minnesota Statutes 2004, section 152.02, 
  2.21  subdivision 6, is amended to read: 
  2.22     Subd. 6.  [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE 
  2.23  PRECURSOR DRUGS.] (a) As used in this subdivision, the following 
  2.24  terms have the meanings given:  
  2.25     (1) "methamphetamine precursor drug" means any compound, 
  2.26  mixture, or preparation containing ephedrine or pseudoephedrine 
  2.27  as its sole active ingredient or as one of its active 
  2.28  ingredients; 
  2.29     (2) "over-the-counter sale" means a retail sale of a drug 
  2.30  or product but does not include the sale of a drug or product 
  2.31  pursuant to the terms of a valid prescription or by a licensed 
  2.32  veterinarian; and 
  2.33     (3) "suspicious transaction" means the sale, distribution, 
  2.34  delivery, or other transfer of a substance under circumstances 
  2.35  that would lead a reasonable person to believe that the 
  2.36  substance is likely to be used to illegally manufacture a 
  3.1   controlled substance based on factors such as the amount of the 
  3.2   substance involved in the transaction, the method of payment, 
  3.3   the method of delivery, and any past dealings with any 
  3.4   participant in the transaction.  
  3.5      (b) The following items are listed in Schedule V: 
  3.6      (1) any compound, mixture, or preparation containing any of 
  3.7   the following limited quantities of narcotic drugs, which shall 
  3.8   include one or more nonnarcotic active medicinal ingredients in 
  3.9   sufficient proportion to confer upon the compound, mixture or 
  3.10  preparation valuable medicinal qualities other than those 
  3.11  possessed by the narcotic drug alone;:  
  3.12     (1) (i) not more than 100 milligrams of dihydrocodeine per 
  3.13  100 milliliters or per 100 grams.; 
  3.14     (2) (ii) not more than 100 milligrams of ethylmorphine per 
  3.15  100 milliliters or per 100 grams.; 
  3.16     (3) (iii) not more than 2.5 milligrams of diphenoxylate and 
  3.17  not less than 25 micrograms of atropine sulfate per dosage 
  3.18  unit.; or 
  3.19     (4) (iv) not more than 15 milligrams of anhydrous morphine 
  3.20  per 100 milliliters or per 100 grams; and 
  3.21     (2) any compound, mixture, or preparation containing 
  3.22  ephedrine or pseudoephedrine as its sole active ingredient or as 
  3.23  one of its active ingredients. 
  3.24     (c) No person may sell in a single over-the-counter sale 
  3.25  more than two packages of a methamphetamine precursor drug or a 
  3.26  combination of methamphetamine precursor drugs or any 
  3.27  combination of packages exceeding a total weight of six grams. 
  3.28     (d) Over-the-counter sales of methamphetamine precursor 
  3.29  drugs are limited to: 
  3.30     (1) packages containing not more than a total of three 
  3.31  grams of one or more methamphetamine precursor drugs, calculated 
  3.32  in terms of ephedrine base or pseudoephedrine base; or 
  3.33     (2) for nonliquid products, sales in blister packs, where 
  3.34  each blister contains not more than two dosage units, or, if the 
  3.35  use of blister packs is not technically feasible, sales in unit 
  3.36  dose packets or pouches. 
  4.1      (e) A business establishment that offers for sale 
  4.2   methamphetamine precursor drugs in an over-the-counter sale 
  4.3   shall ensure that all packages of the drugs are displayed behind 
  4.4   a checkout counter where the public is not permitted and are 
  4.5   offered for sale only by a licensed pharmacist or a registered 
  4.6   pharmacy technician.  The establishment shall ensure that the 
  4.7   person making the sale requires the buyer:  
  4.8      (1) to provide photographic identification showing the 
  4.9   buyer's date of birth; and 
  4.10     (2) to sign a written document detailing the date of the 
  4.11  sale, the name of the buyer, and the amount of the drug sold.  
  4.12  Nothing in this paragraph requires the buyer to obtain a 
  4.13  prescription for the drug's purchase.  
  4.14     (f) No person may acquire through over-the-counter sales 
  4.15  more than six grams of methamphetamine precursor drugs within a 
  4.16  30-day period.  
  4.17     (g) No person may sell in an over-the-counter sale a 
  4.18  methamphetamine precursor drug to a person under the age of 18 
  4.19  years.  It is an affirmative defense to a charge under this 
  4.20  paragraph if the defendant proves by a preponderance of the 
  4.21  evidence that the defendant reasonably and in good faith relied 
  4.22  on proof of age as described in section 340A.503, subdivision 6. 
  4.23     (h) A person who knowingly violates paragraph (c), (d), 
  4.24  (e), (f), or (g) is guilty of a misdemeanor and may be sentenced 
  4.25  to imprisonment for not more than 90 days, or to payment of a 
  4.26  fine of not more than $1,000, or both. 
  4.27     (i) An owner, operator, supervisor, or manager of a 
  4.28  business establishment that offers for sale methamphetamine 
  4.29  precursor drugs whose employee or agent is convicted of or 
  4.30  charged with violating paragraph (c), (d), (e), (f), or (g) is 
  4.31  not subject to the criminal penalties for violating any of those 
  4.32  paragraphs if the person: 
  4.33     (1) did not have prior knowledge of, participate in, or 
  4.34  direct the employee or agent to commit the violation; and 
  4.35     (2) documents that an employee training program was in 
  4.36  place to provide the employee or agent with information on the 
  5.1   state and federal laws and regulations regarding methamphetamine 
  5.2   precursor drugs. 
  5.3      (j) Any person employed by a business establishment that 
  5.4   offers for sale methamphetamine precursor drugs who sells such a 
  5.5   drug to any person in a suspicious transaction shall report the 
  5.6   transaction to the owner, supervisor, or manager of the 
  5.7   establishment.  The owner, supervisor, or manager may report the 
  5.8   transaction to local law enforcement.  A person who reports 
  5.9   information under this subdivision in good faith is immune from 
  5.10  civil liability relating to the report. 
  5.11     (k) Paragraphs (c) to (j) do not apply to: 
  5.12     (1) pediatric products labeled pursuant to federal 
  5.13  regulation primarily intended for administration to children 
  5.14  under 12 years of age according to label instructions; 
  5.15     (2) methamphetamine precursor drugs that are certified by 
  5.16  the Board of Pharmacy as being manufactured in a manner that 
  5.17  prevents the drug from being used to manufacture 
  5.18  methamphetamine; or 
  5.19     (3) methamphetamine precursor drugs in gel capsule or 
  5.20  liquid form.  
  5.21     (l) The Board of Pharmacy, in consultation with the 
  5.22  Department of Public Safety, shall certify methamphetamine 
  5.23  precursor drugs that meet the requirements of paragraph (k), 
  5.24  clause (2), and publish an annual listing of these drugs.  
  5.25     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  5.26  and applies to crimes committed on or after that date. 
  5.27     Sec. 3.  Minnesota Statutes 2004, section 152.021, 
  5.28  subdivision 2a, is amended to read: 
  5.29     Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
  5.30  POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
  5.31  METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 
  5.32  sections 152.022, subdivision 1, 152.023, subdivision 1, and 
  5.33  152.024, subdivision 1, a person is guilty of controlled 
  5.34  substance crime in the first degree if the person manufactures 
  5.35  any amount of methamphetamine. 
  5.36     (b) Notwithstanding paragraph (a) and section 609.17, A 
  6.1   person is guilty of attempted manufacture of methamphetamine a 
  6.2   crime if the person possesses any chemical reagents or 
  6.3   precursors with the intent to manufacture methamphetamine.  As 
  6.4   used in this section, "chemical reagents or precursors" refers 
  6.5   to one or more include, but are not limited to, any of the 
  6.6   following substances, or their salts, isomers, and salts of 
  6.7   isomers: 
  6.8      (1) ephedrine; 
  6.9      (2) pseudoephedrine; 
  6.10     (3) phenyl-2-propanone; 
  6.11     (4) phenylacetone; 
  6.12     (5) anhydrous ammonia, as defined in section 18C.005, 
  6.13  subdivision 1a; 
  6.14     (6) organic solvents; 
  6.15     (7) hydrochloric acid; 
  6.16     (8) lithium metal; 
  6.17     (9) sodium metal; 
  6.18     (10) ether; 
  6.19     (11) sulfuric acid; 
  6.20     (12) red phosphorus; 
  6.21     (13) iodine; 
  6.22     (14) sodium hydroxide; 
  6.23     (15) benzaldehyde; 
  6.24     (16) benzyl methyl ketone; 
  6.25     (17) benzyl cyanide; 
  6.26     (18) nitroethane; 
  6.27     (19) methylamine; 
  6.28     (20) phenylacetic acid; 
  6.29     (21) hydriodic acid; or 
  6.30     (22) hydriotic acid. 
  6.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  6.32  and applies to crimes committed on or after that date. 
  6.33     Sec. 4.  Minnesota Statutes 2004, section 152.021, 
  6.34  subdivision 3, is amended to read: 
  6.35     Subd. 3.  [PENALTY.] (a) A person convicted under 
  6.36  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
  7.1   imprisonment for not more than 30 years or to payment of a fine 
  7.2   of not more than $1,000,000, or both; a person convicted under 
  7.3   subdivision 2a, paragraph (b), may be sentenced to imprisonment 
  7.4   for not more than three ten years or to payment of a fine of not 
  7.5   more than $5,000 $20,000, or both. 
  7.6      (b) If the conviction is a subsequent controlled substance 
  7.7   conviction, a person convicted under subdivisions 1 to 2a, 
  7.8   paragraph (a), shall be committed to the commissioner of 
  7.9   corrections for not less than four years nor more than 40 years 
  7.10  and, in addition, may be sentenced to payment of a fine of not 
  7.11  more than $1,000,000; a person convicted under subdivision 2a, 
  7.12  paragraph (b), may be sentenced to imprisonment for not more 
  7.13  than four 15 years or to payment of a fine of not more than 
  7.14  $5,000 $30,000, or both.  
  7.15     (c) In a prosecution under subdivision 1 involving sales by 
  7.16  the same person in two or more counties within a 90-day period, 
  7.17  the person may be prosecuted for all of the sales in any county 
  7.18  in which one of the sales occurred.  
  7.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  7.20  and applies to crimes committed on or after that date. 
  7.21     Sec. 5.  Minnesota Statutes 2004, section 152.027, 
  7.22  subdivision 1, is amended to read: 
  7.23     Subdivision 1.  [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  7.24  Except as provided in section 152.02, subdivision 6, a person 
  7.25  who unlawfully sells one or more mixtures containing a 
  7.26  controlled substance classified in schedule V may be sentenced 
  7.27  to imprisonment for not more than one year or to payment of a 
  7.28  fine of not more than $3,000, or both. 
  7.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  7.30  and applies to crimes committed on or after that date.  
  7.31     Sec. 6.  Minnesota Statutes 2004, section 152.027, 
  7.32  subdivision 2, is amended to read: 
  7.33     Subd. 2.  [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  7.34  Except as provided in section 152.02, subdivision 6, a person 
  7.35  who unlawfully possesses one or more mixtures containing a 
  7.36  controlled substance classified in schedule V may be sentenced 
  8.1   to imprisonment for not more than one year or to payment of a 
  8.2   fine of not more than $3,000, or both.  The court may order that 
  8.3   a person who is convicted under this subdivision and placed on 
  8.4   probation be required to take part in a drug education program 
  8.5   as specified by the court. 
  8.6      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  8.7   and applies to crimes committed on or after that date. 
  8.8      Sec. 7.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
  8.9   RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 
  8.10     Subdivision 1.  [RESTITUTION.] (a) As used in this 
  8.11  subdivision: 
  8.12     (1) "clandestine lab site" means any structure or 
  8.13  conveyance or outdoor location occupied or affected by 
  8.14  conditions or chemicals typically associated with the 
  8.15  manufacturing of methamphetamine; 
  8.16     (2) "emergency response" includes, but is not limited to, 
  8.17  removing and collecting evidence, securing the site, removal, 
  8.18  remediation, and hazardous chemical assessment or inspection of 
  8.19  the site where the relevant offense or offenses took place, 
  8.20  regardless of whether these actions are performed by the public 
  8.21  entities themselves or by private contractors paid by the public 
  8.22  entities, or the property owner; 
  8.23     (3) "remediation" means proper cleanup, treatment, or 
  8.24  containment of hazardous substances or methamphetamine at or in 
  8.25  a clandestine lab site, and may include demolition or disposal 
  8.26  of structures or other property when an assessment so indicates; 
  8.27  and 
  8.28     (4) "removal" means the removal from the clandestine lab 
  8.29  site of precursor or waste chemicals, chemical containers, or 
  8.30  equipment associated with the manufacture, packaging, or storage 
  8.31  of illegal drugs. 
  8.32     (b) A court shall require a person convicted of 
  8.33  manufacturing or attempting to manufacture a controlled 
  8.34  substance or of an illegal activity involving a precursor 
  8.35  substance, where the response to the crime involved an emergency 
  8.36  response, to pay restitution to all public entities that 
  9.1   participated in the response.  The restitution ordered must 
  9.2   cover the reasonable costs of their participation in the 
  9.3   response.  
  9.4      (c) In addition to the restitution required in paragraph 
  9.5   (b), a court shall require a person convicted of manufacturing 
  9.6   or attempting to manufacture a controlled substance or of 
  9.7   illegal activity involving a precursor substance to pay 
  9.8   restitution to a property owner who incurred removal or 
  9.9   remediation costs because of the crime. 
  9.10     (d) Notwithstanding paragraphs (b) and (c), if the court 
  9.11  finds that the convicted person is indigent or that payment of 
  9.12  the restitution would create undue hardship for the convicted 
  9.13  person's immediate family, the court may reduce the amount of 
  9.14  restitution to an appropriate level.  
  9.15     Subd. 2.  [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 
  9.16  SITE.] (a) As used in this subdivision: 
  9.17     (1) "clandestine lab site" has the meaning given in 
  9.18  subdivision 1, paragraph (a); 
  9.19     (2) "property" includes buildings and other structures, and 
  9.20  motor vehicles as defined in section 609.487, subdivision 2a.  
  9.21  Property also includes real property whether publicly or 
  9.22  privately owned and public waters and rights-of-way; 
  9.23     (3) "remediation" has the meaning given in subdivision 1, 
  9.24  paragraph (a); and 
  9.25     (4) "removal" has the meaning given in subdivision 1, 
  9.26  paragraph (a).  
  9.27     (b) A peace officer who arrests a person at a clandestine 
  9.28  lab site shall notify the appropriate county or local health 
  9.29  department, state duty officer, and child protection services of 
  9.30  the arrest and the location of the site.  
  9.31     (c) A county or local health department or sheriff shall 
  9.32  order that all property that has been found to be a clandestine 
  9.33  lab site and contaminated by substances, chemicals, or items of 
  9.34  any kind used in the manufacture of methamphetamine or any part 
  9.35  of the manufacturing process, or the by-products or degradates 
  9.36  of manufacturing methamphetamine be prohibited from being 
 10.1   occupied, rented, sold, or used until it has been assessed and 
 10.2   remediated as provided in the Department of Health's clandestine 
 10.3   drug labs general cleanup guidelines.  
 10.4      (d) Unless clearly inapplicable, the procedures specified 
 10.5   in chapter 145A and any related rules adopted under that chapter 
 10.6   addressing the enforcement of public health laws, the removal 
 10.7   and abatement of public health nuisances, and the remedies 
 10.8   available to property owners or occupants apply to this 
 10.9   subdivision.  
 10.10     (e) Upon the proper removal and remediation of any property 
 10.11  used as a clandestine lab site, the contractor shall verify to 
 10.12  the applicable authority that issued the order under paragraph 
 10.13  (c) that the work was completed according to the Department of 
 10.14  Health's clandestine drug labs general cleanup guidelines and 
 10.15  best practices and that levels of contamination have been 
 10.16  reduced to levels set forth in the guidelines.  Following this, 
 10.17  the applicable authority shall vacate its order.  
 10.18     (f) If the applicable authority determines under paragraph 
 10.19  (c) that a motor vehicle has been contaminated by substances, 
 10.20  chemicals, or items of any kind used in the manufacture of 
 10.21  methamphetamine or any part of the manufacturing process, or the 
 10.22  by-products or degradates of manufacturing methamphetamine and 
 10.23  if the authority is able to obtain the certificate of title for 
 10.24  the motor vehicle, the authority shall notify the registrar of 
 10.25  motor vehicles of this fact and in addition, forward the 
 10.26  certificate of title to the registrar.  The authority shall also 
 10.27  notify the registrar when it vacates its order under paragraph 
 10.28  (e). 
 10.29     (g) The applicable authority issuing an order under 
 10.30  paragraph (c) shall record with the county recorder or registrar 
 10.31  of titles of the county where the clandestine lab is located an 
 10.32  affidavit containing a legal description of the property where 
 10.33  the clandestine lab was located that discloses to any potential 
 10.34  transferee: 
 10.35     (1) that the land was the site of a clandestine lab; 
 10.36     (2) the location, condition, and circumstances of the 
 11.1   clandestine lab, to the full extent known or reasonably 
 11.2   ascertainable; and 
 11.3      (3) that the use of the property or some portion of it may 
 11.4   be restricted as provided by paragraph (c). 
 11.5   If the authority vacates its order under paragraph (e), the 
 11.6   authority shall record an affidavit noting this fact.  
 11.7      (h) Unless an affidavit has already been filed under 
 11.8   paragraph (g), before any transfer of ownership of any property 
 11.9   that the owner knew or should have known had been used as a 
 11.10  clandestine lab site and contaminated by substances, chemicals, 
 11.11  or items of any kind used in the manufacture of methamphetamine 
 11.12  or any part of the manufacturing process, or the by-products or 
 11.13  degradates of manufacturing methamphetamine, regardless of when 
 11.14  this occurred or whether an order under paragraph (c) had been 
 11.15  issued, the owner shall record with the county recorder or 
 11.16  registrar of titles of the county in which the property is 
 11.17  located an affidavit containing the information required under 
 11.18  paragraph (g), clauses (1) and (2).  Any person who violates 
 11.19  this paragraph is guilty of a petty misdemeanor.  
 11.20     (i) If proper removal and remediation has occurred on the 
 11.21  property, an interested party may record an affidavit indicating 
 11.22  that this has occurred.  Failure to record such an affidavit 
 11.23  does not affect or prevent any transfer of ownership of the 
 11.24  property. 
 11.25     (j) The county recorder or registrar of titles must record 
 11.26  all affidavits presented under paragraph (g), (h), or (i) in a 
 11.27  manner that assures their disclosure in the ordinary course of a 
 11.28  title search of the subject property.  
 11.29     (k) The commissioner of health shall post on the Internet 
 11.30  contact information for each local community health services 
 11.31  administrator.  
 11.32     (l) Each local community health services administrator 
 11.33  shall maintain information related to property within the 
 11.34  administrator's jurisdiction that is currently or was previously 
 11.35  subject to an order issued under paragraph (c).  The information 
 11.36  maintained must include the location of the property, the extent 
 12.1   of the contamination, the status of the removal and remediation 
 12.2   work on the property, and whether the order has been vacated.  
 12.3   The administrator shall make this information available to the 
 12.4   public either upon request or by other means. 
 12.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.6   and applies to crimes committed on or after that date. 
 12.7      Sec. 8.  Minnesota Statutes 2004, section 152.135, 
 12.8   subdivision 2, is amended to read: 
 12.9      Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
 12.10  ephedrine, its salts, optical isomers, and salts of optical 
 12.11  isomers is exempt from subdivision 1 if the drug product: 
 12.12     (1) may be lawfully sold over the counter without a 
 12.13  prescription under the federal Food, Drug, and Cosmetic Act, 
 12.14  United States Code, title 21, section 321, et seq.; 
 12.15     (2) is labeled and marketed in a manner consistent with the 
 12.16  pertinent OTC Tentative Final or Final Monograph; 
 12.17     (3) is manufactured and distributed for legitimate 
 12.18  medicinal use in a manner that reduces or eliminates the 
 12.19  likelihood of abuse; 
 12.20     (4) is not marketed, advertised, or labeled for the 
 12.21  indication of stimulation, mental alertness, weight loss, muscle 
 12.22  enhancement, appetite control, or energy; and 
 12.23     (5) is in solid oral dosage forms, including soft gelatin 
 12.24  caplets, that combine 400 milligrams of guaifenesin and 25 
 12.25  milligrams of ephedrine per dose, according to label 
 12.26  instructions; or is an anorectal preparation containing not more 
 12.27  than five percent ephedrine; and 
 12.28     (6) is sold in a manner that does not conflict with section 
 12.29  152.02, subdivision 6. 
 12.30     (b) Subdivisions 1 and 3 shall not apply to products 
 12.31  containing ephedra or ma huang and lawfully marketed as dietary 
 12.32  supplements under federal law.  
 12.33     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.34  and applies to crimes committed on or after that date. 
 12.35     Sec. 9.  [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
 12.36  CRIMINAL PENALTIES; CIVIL LIABILITY.] 
 13.1      Subdivision 1.  [DEFINITIONS.] As used in this section, 
 13.2   "tamper" means action taken by a person not authorized to take 
 13.3   that action by law or by the owner or authorized custodian of an 
 13.4   anhydrous ammonia container or of equipment where anhydrous 
 13.5   ammonia is used, stored, distributed, or transported. 
 13.6      Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
 13.7      (1) steal or unlawfully take or carry away any amount of 
 13.8   anhydrous ammonia; 
 13.9      (2) purchase, possess, transfer, or distribute any amount 
 13.10  of anhydrous ammonia, knowing, or having reason to know, that it 
 13.11  will be used to unlawfully manufacture a controlled substance; 
 13.12     (3) place, have placed, or possess anhydrous ammonia in a 
 13.13  container that is not designed, constructed, maintained, and 
 13.14  authorized to contain or transport anhydrous ammonia; 
 13.15     (4) transport anhydrous ammonia in a container that is not 
 13.16  designed, constructed, maintained, and authorized to transport 
 13.17  anhydrous ammonia; 
 13.18     (5) use, deliver, receive, sell, or transport a container 
 13.19  designed and constructed to contain anhydrous ammonia without 
 13.20  the express consent of the owner or authorized custodian of the 
 13.21  container; or 
 13.22     (6) tamper with any equipment or facility used to contain, 
 13.23  store, or transport anhydrous ammonia.  
 13.24     (b) For the purposes of this subdivision, containers 
 13.25  designed and constructed for the storage and transport of 
 13.26  anhydrous ammonia are described in rules adopted under section 
 13.27  18C.121, subdivision 1, or in Code of Federal Regulations, title 
 13.28  49.  
 13.29     Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
 13.30  paragraph (b), a person tampering with anhydrous ammonia 
 13.31  containers or equipment under subdivision 2 shall have no cause 
 13.32  of action for damages arising out of the tampering against: 
 13.33     (1) the owner or lawful custodian of the container or 
 13.34  equipment; 
 13.35     (2) a person responsible for the installation or 
 13.36  maintenance of the container or equipment; or 
 14.1      (3) a person lawfully selling or offering for sale the 
 14.2   anhydrous ammonia.  
 14.3      (b) Paragraph (a) does not apply to a cause of action 
 14.4   against a person who unlawfully obtained the anhydrous ammonia 
 14.5   or anhydrous ammonia container or who possesses the anhydrous 
 14.6   ammonia or anhydrous ammonia container for any unlawful purpose. 
 14.7      Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
 14.8   violates subdivision 2 is guilty of a felony and may be 
 14.9   sentenced to imprisonment for not more than five years or to 
 14.10  payment of a fine of not more than $50,000, or both.  
 14.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 14.12  and applies to crimes committed on or after that date. 
 14.13     Sec. 10.  [152.137] [METHAMPHETAMINE-RELATED CRIMES 
 14.14  INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
 14.15     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 14.16  the following terms have the meanings given. 
 14.17     (b) "Chemical substance" means a substance intended to be 
 14.18  used as a precursor in the manufacture of methamphetamine or any 
 14.19  other chemical intended to be used in the manufacture of 
 14.20  methamphetamine. 
 14.21     (c) "Child" means any person under the age of 18 years. 
 14.22     (d) "Methamphetamine paraphernalia" means all equipment, 
 14.23  products, and materials of any kind that are used, intended for 
 14.24  use, or designed for use in manufacturing, injecting, ingesting, 
 14.25  inhaling, or otherwise introducing methamphetamine into the 
 14.26  human body. 
 14.27     (e) "Methamphetamine waste products" means substances, 
 14.28  chemicals, or items of any kind used in the manufacture of 
 14.29  methamphetamine or any part of the manufacturing process, or the 
 14.30  by-products or degradates of manufacturing methamphetamine.  
 14.31     (f) "Vulnerable adult" has the meaning given in section 
 14.32  609.232, subdivision 11. 
 14.33     Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
 14.34  engage in any of the following activities in the presence of a 
 14.35  child or vulnerable adult; in the residence of a child or a 
 14.36  vulnerable adult; in a building, structure, conveyance, or 
 15.1   outdoor location where a child or vulnerable adult might 
 15.2   reasonably be expected to be present; in a room offered to the 
 15.3   public for overnight accommodation; or in any multiple unit 
 15.4   residential building: 
 15.5      (1) manufacturing or attempting to manufacture 
 15.6   methamphetamine; 
 15.7      (2) storing any chemical substance; 
 15.8      (3) storing any methamphetamine waste products; or 
 15.9      (4) storing any methamphetamine paraphernalia. 
 15.10     (b) No person may knowingly cause or permit a child or 
 15.11  vulnerable adult to inhale, be exposed to, have contact with, or 
 15.12  ingest methamphetamine, a chemical substance, or methamphetamine 
 15.13  paraphernalia. 
 15.14     Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 15.15  subdivision 2 is guilty of a felony and may be sentenced to 
 15.16  imprisonment for not more than five years or to payment of a 
 15.17  fine of not more than $10,000, or both. 
 15.18     Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
 15.19  609.035 and 609.04, a prosecution for or conviction under this 
 15.20  section is not a bar to conviction of or punishment for any 
 15.21  other crime committed by the defendant as part of the same 
 15.22  conduct. 
 15.23     Subd. 5.  [PROTECTIVE CUSTODY.] A peace officer may take 
 15.24  any child present in an area where any of the activities 
 15.25  described in subdivision 2, paragraph (a), clauses (1) to (4), 
 15.26  are taking place into protective custody in accordance with 
 15.27  section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
 15.28  child taken into protective custody under this subdivision shall 
 15.29  be provided health screening to assess potential health concerns 
 15.30  related to methamphetamine as provided in section 260C.188.  A 
 15.31  child not taken into protective custody under this subdivision 
 15.32  but who is known to have been exposed to methamphetamine shall 
 15.33  be offered health screening for potential health concerns 
 15.34  related to methamphetamine as provided in section 260C.188. 
 15.35     Subd. 6.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 
 15.36  A peace officer shall make a report of suspected maltreatment of 
 16.1   a vulnerable adult if the vulnerable adult is present in an area 
 16.2   where any of the activities described in subdivision 2, 
 16.3   paragraph (a), clauses (1) to (4), are taking place, and the 
 16.4   peace officer has reason to believe the vulnerable adult 
 16.5   inhaled, was exposed to, had contact with, or ingested 
 16.6   methamphetamine, a chemical substance, or methamphetamine 
 16.7   paraphernalia.  The peace officer shall immediately report to 
 16.8   the county common entry point as described in section 626.557, 
 16.9   subdivision 9b.  
 16.10     (b) As required in section 626.557, subdivision 9b, law 
 16.11  enforcement is the primary agency to conduct investigations of 
 16.12  any incident when there is reason to believe a crime has been 
 16.13  committed.  Law enforcement shall initiate a response 
 16.14  immediately.  If the common entry point notified a county agency 
 16.15  for adult protective services, law enforcement shall cooperate 
 16.16  with that county agency when both agencies are involved and 
 16.17  shall exchange data to the extent authorized in section 626.557, 
 16.18  subdivision 12b, paragraph (g).  County adult protection shall 
 16.19  initiate a response immediately.  
 16.20     (c) The county social services agency shall immediately 
 16.21  respond as required in section 626.557, subdivision 10, upon 
 16.22  receipt of a report from the common entry point staff. 
 16.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 16.24  and applies to crimes committed on or after that date. 
 16.25     Sec. 11.  Minnesota Statutes 2004, section 168A.05, 
 16.26  subdivision 3, is amended to read: 
 16.27     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
 16.28  title issued by the department shall contain: 
 16.29     (1) the date issued; 
 16.30     (2) the first, middle, and last names, the dates of birth, 
 16.31  and addresses of all owners who are natural persons, the full 
 16.32  names and addresses of all other owners; 
 16.33     (3) the names and addresses of any secured parties in the 
 16.34  order of priority as shown on the application, or if the 
 16.35  application is based on a certificate of title, as shown on the 
 16.36  certificate, or as otherwise determined by the department; 
 17.1      (4) any liens filed pursuant to a court order or by a 
 17.2   public agency responsible for child support enforcement against 
 17.3   the owner; 
 17.4      (5) the title number assigned to the vehicle; 
 17.5      (6) a description of the vehicle including, so far as the 
 17.6   following data exists, its make, model, year, identifying 
 17.7   number, type of body, whether new or used, and if a new vehicle, 
 17.8   the date of the first sale of the vehicle for use; 
 17.9      (7) with respect to motor vehicles subject to the 
 17.10  provisions of section 325E.15, the true cumulative mileage 
 17.11  registered on the odometer or that the actual mileage is unknown 
 17.12  if the odometer reading is known by the owner to be different 
 17.13  from the true mileage; 
 17.14     (8) with respect to vehicles subject to sections 325F.6641 
 17.15  and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
 17.16  "prior salvage," or "reconstructed"; and 
 17.17     (9) with respect to a vehicle contaminated by 
 17.18  methamphetamine production, if the registrar has received the 
 17.19  certificate of title and notice described in section 152.0275, 
 17.20  subdivision 2, paragraph (f), the term "hazardous waste 
 17.21  contaminated vehicle"; and 
 17.22     (10) any other data the department prescribes. 
 17.23     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 17.24     Sec. 12.  Minnesota Statutes 2004, section 260B.171, is 
 17.25  amended by adding a subdivision to read: 
 17.26     Subd. 9.  [NOTICE TO SCHOOL.] (a) As used in this 
 17.27  subdivision, the following terms have the meanings given.  
 17.28  "Chemical substance," "methamphetamine paraphernalia," and 
 17.29  "methamphetamine waste products" have the meanings given in 
 17.30  section 152.137, subdivision 1.  "School" means a charter school 
 17.31  or a school as defined in section 120A.22, subdivision 4, except 
 17.32  a home school.  
 17.33     (b) If a child has been taken into protective custody after 
 17.34  being found in an area where methamphetamine was being 
 17.35  manufactured or attempted to be manufactured or where any 
 17.36  chemical substances, methamphetamine paraphernalia, or 
 18.1   methamphetamine waste products were stored, and the child is 
 18.2   enrolled in school, the officer who took the child into custody 
 18.3   shall notify the chief administrative officer of the child's 
 18.4   school of this fact.  
 18.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 18.6   and applies to acts occurring on or after that date.  
 18.7      Sec. 13.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
 18.8   REVOLVING FUND.] 
 18.9      Subdivision 1.  [DEFINITIONS.] As used in this section: 
 18.10     (1) "clandestine lab site" has the meaning given in section 
 18.11  152.0275, subdivision 1, paragraph (a); 
 18.12     (2) "property" has the meaning given in section 152.0275, 
 18.13  subdivision 2, paragraph (a), but does not include motor 
 18.14  vehicles; and 
 18.15     (3) "remediate" has the meaning given to remediation in 
 18.16  section 152.0275, subdivision 1, paragraph (a).  
 18.17     Subd. 2.  [FUND ESTABLISHED.] The authority shall establish 
 18.18  a methamphetamine laboratory cleanup revolving fund to provide 
 18.19  loans to counties and cities to remediate clandestine lab 
 18.20  sites.  The fund must be credited with repayments.  
 18.21     Subd. 3.  [APPLICATIONS.] Applications by a county or city 
 18.22  for a loan from the fund must be made to the authority on the 
 18.23  forms prescribed by the authority.  The application must 
 18.24  include, but is not limited to:  
 18.25     (1) the amount of the loan requested and the proposed use 
 18.26  of the loan proceeds; 
 18.27     (2) the source of revenues to repay the loan; and 
 18.28     (3) certification by the county or city that it meets the 
 18.29  loan eligibility requirements of subdivision 4.  
 18.30     Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
 18.31  for a loan under this section if the county or city: 
 18.32     (1) identifies a site or sites designated by a local public 
 18.33  health department or law enforcement as a clandestine lab site; 
 18.34     (2) has required the site's property owner to remediate the 
 18.35  site at cost, under chapter 145A or a local public health 
 18.36  nuisance ordinance that addresses clandestine lab remediation; 
 19.1      (3) certifies that the property owner cannot pay for the 
 19.2   remediation immediately; 
 19.3      (4) certifies that the property owner has not properly 
 19.4   remediated the site; and 
 19.5      (5) issues a revenue bond payable to the authority to 
 19.6   secure the loan.  
 19.7      Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
 19.8   OWNER.] (a) A loan recipient shall use the loan to remediate the 
 19.9   clandestine lab site or if this has already been done to 
 19.10  reimburse the applicable county or city fund for costs paid by 
 19.11  the recipient to remediate the clandestine lab site.  
 19.12     (b) A loan recipient shall seek reimbursement from the 
 19.13  owner of the property containing the clandestine lab site for 
 19.14  the costs of the remediation.  In addition to other lawful means 
 19.15  of seeking reimbursement, the loan recipient may recover its 
 19.16  costs through a property tax assessment by following the 
 19.17  procedures specified in section 145A.08, subdivision 2, 
 19.18  paragraph (c).  
 19.19     Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
 19.20  shall award loans to recipients on a first-come, first-served 
 19.21  basis, provided that the recipient is able to comply with the 
 19.22  terms and conditions of the authority loan, which must be in 
 19.23  conformance with this section.  The authority shall make a 
 19.24  single disbursement of the loan upon receipt of a payment 
 19.25  request that includes a list of remediation expenses and 
 19.26  evidence that a second-party sampling was undertaken to ensure 
 19.27  that the remediation work was successful or a guarantee that 
 19.28  such a sampling will be undertaken.  
 19.29     Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
 19.30  loans from the revolving fund, the authority shall comply with 
 19.31  the criteria in paragraphs (b) to (e).  
 19.32     (b) Loans must be made at a two percent per annum interest 
 19.33  rate for terms not to exceed ten years unless the recipient 
 19.34  requests a 20-year term due to financial hardship. 
 19.35     (c) The annual principal and interest payments must begin 
 19.36  no later than one year after completion of the clean up.  Loans 
 20.1   must be amortized no later than 20 years after completion of the 
 20.2   clean up.  
 20.3      (d) A loan recipient must identify and establish a source 
 20.4   of revenue for repayment of the loan and must undertake whatever 
 20.5   steps are necessary to collect payments within one year of 
 20.6   receipt of funds from the authority.  
 20.7      (e) The fund must be credited with all payments of 
 20.8   principal and interest on all loans, except the costs as 
 20.9   permitted under section 446A.04, subdivision 5, paragraph (a). 
 20.10     (f) Loans must be made only to recipients with clandestine 
 20.11  lab ordinances that address remediation.  
 20.12     Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
 20.13  may incur debt under this section by resolution of the board or 
 20.14  council authorizing issuance of a revenue bond to the authority. 
 20.15     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
 20.16     Sec. 14.  Minnesota Statutes 2004, section 609.1095, 
 20.17  subdivision 1, is amended to read: 
 20.18     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 20.19  the following terms have the meanings given.  
 20.20     (b) "Conviction" means any of the following accepted and 
 20.21  recorded by the court:  a plea of guilty, a verdict of guilty by 
 20.22  a jury, or a finding of guilty by the court.  The term includes 
 20.23  a conviction by any court in Minnesota or another jurisdiction.  
 20.24     (c) "Prior conviction" means a conviction that occurred 
 20.25  before the offender committed the next felony resulting in a 
 20.26  conviction and before the offense for which the offender is 
 20.27  being sentenced under this section. 
 20.28     (d) "Violent crime" means a violation of or an attempt or 
 20.29  conspiracy to violate any of the following laws of this state or 
 20.30  any similar laws of the United States or any other state:  
 20.31  section sections 152.137; 609.165; 609.185; 609.19; 609.195; 
 20.32  609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
 20.33  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
 20.34  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
 20.35  609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
 20.36  609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
 21.1   1e; 609.687; and 609.855, subdivision 5; any provision of 
 21.2   sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 
 21.3   punishable by a felony penalty; or any provision of chapter 152 
 21.4   that is punishable by a maximum sentence of 15 years or more. 
 21.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 21.6   and applies to crimes committed on or after that date. 
 21.7      Sec. 15.  [REVISOR'S INSTRUCTION.] 
 21.8      The revisor of statutes shall recodify the provisions of 
 21.9   Minnesota Statutes, section 152.021, subdivision 2a, paragraph 
 21.10  (b), and subdivision 3, as amended by this act, that relate to 
 21.11  the possession of chemical reagents or precursors with the 
 21.12  intent to manufacture methamphetamine and the penalties for 
 21.13  doing this into a new section of law codified as Minnesota 
 21.14  Statutes, section 152.0262.  The revisor shall make any 
 21.15  necessary technical changes, including, but not limited to, 
 21.16  changes to statutory cross-references, to Minnesota Statutes, 
 21.17  section 152.021, and any other statutory sections to accomplish 
 21.18  this.  
 21.19     Sec. 16.  [REPEALER.] 
 21.20     Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 
 21.21  and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
 21.22  5, are repealed. 
 21.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 21.24  and applies to crimes committed on or after that date.  
 21.25                             ARTICLE 2 
 21.26                   METHAMPHETAMINE APPROPRIATIONS 
 21.27  Section 1.  [TOTAL APPROPRIATIONS.] 
 21.28     The dollar amounts in the columns under "APPROPRIATIONS" 
 21.29  are appropriated to the specified agencies for the purposes 
 21.30  specified.  The appropriations are from the general fund and are 
 21.31  available for the fiscal years indicated for each purpose.  The 
 21.32  figures "2006" and "2007" used in this article mean that the 
 21.33  addition to or subtraction from the appropriations listed under 
 21.34  the figure is for the fiscal years ending June 30, 2006, and 
 21.35  June 30, 2007, respectively. 
 21.36                              SUMMARY 
 22.1                             2006          2007           TOTAL
 22.2   GENERAL            $.,...,...,... $.,...,...,... $.,...,...,...
 22.3                                              APPROPRIATIONS 
 22.4                                          Available for the Year 
 22.5                                              Ending June 30 
 22.6                                             2006         2007 
 22.7   Sec. 2.  CORRECTIONS 
 22.8   For the increased prison 
 22.9   population based on this act.     $      ....... $      .......
 22.10  Sec. 3.  BOARD OF PUBLIC DEFENSE         .......        .......
 22.11  For a methamphetamine trial team.  
 22.12  Sec. 4.  HUMAN SERVICES                  .......        .......
 22.13  To fund programs providing specialized 
 22.14  chemical dependency treatment for 
 22.15  pregnant women and women with children 
 22.16  who are or may be abusing 
 22.17  methamphetamine.  The programs must 
 22.18  provide or coordinate the provision of 
 22.19  necessary prenatal care, child care, 
 22.20  housing assistance, and other services 
 22.21  needed to ensure treatment completion.  
 22.22  Sec. 5.  EMPLOYMENT AND     
 22.23  ECONOMIC DEVELOPMENT                     .......        .......
 22.24  To carry out the public facilities 
 22.25  authority's duties involving the 
 22.26  methamphetamine laboratory cleanup 
 22.27  revolving fund under Minnesota 
 22.28  Statutes, section 446A.083. 
 22.29  Sec. 6.  PUBLIC SAFETY                 .........      .........
 22.30  For ten Bureau of Criminal Apprehension 
 22.31  agents to be assigned exclusively to 
 22.32  methamphetamine enforcement, including 
 22.33  the investigation of manufacturing and 
 22.34  distributing methamphetamine and 
 22.35  related violence.  These appropriations 
 22.36  are intended to increase the current 
 22.37  allocation of Bureau of Criminal 
 22.38  Apprehension resources dedicated to 
 22.39  methamphetamine enforcement.  Positions 
 22.40  funded by these appropriations may not 
 22.41  supplant existing agent assignments or 
 22.42  positions. 
 22.43  Sec. 7.  HEALTH                          .......        .......
 22.44  To provide technical assistance on 
 22.45  methamphetamine lab remediation. 
 22.46  Sec. 8.  EDUCATION                       .......        .......
 22.47  To develop and distribute to school 
 22.48  districts materials addressing the 
 22.49  dangers of methamphetamine.