SF 423

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; further regulating while
recodifying activities involving anhydrous ammonia;
requiring courts to order restitution in certain
situations involving controlled substances; imposing
property restrictions in certain situations involving
controlled substances; increasing the criminal
penalties for possessing certain substances with the
intent to manufacture methamphetamine and recodifying
this crime; establishing new methamphetamine-related
crimes; clarifying the definition of "narcotic drug";
expanding the definition of "violent crime" for
mandatory sentencing purposes; requiring that vehicles
and other property used to manufacture methamphetamine
indicate this in the title or by an affidavit;
requiring notice to schools when children are taken
into protective custody after being found at a
methamphetamine laboratory; establishing a
methamphetamine laboratory cleanup revolving fund and
authorizing loans to assist counties and cities in
conducting methamphetamine cleanup; imposing criminal
penalties; providing for ten new Bureau of Criminal
Apprehension agents dedicated to methamphetamine
enforcement; appropriating money; amending Minnesota
Statutes 2004, sections 152.01, subdivision 10;
152.021, subdivisions 2a, 3; 168A.05, subdivision 3;
260C.171, by adding a subdivision; 609.1095,
subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 152; 446A; repealing
Minnesota Statutes 2004, sections 18C.005,
subdivisions 1a, 35a; 18C.201, subdivisions 6, 7;
18D.331, subdivision 5.

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

ARTICLE 1

METHAMPHETAMINE PROVISIONS

Section 1.

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

Subd. 10.

Narcotic drug.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

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

Subd. 2a.

new text begin methamphetamine new text end manufacture deleted text begin crimes deleted text end new text begin crime;
possession of substances with intent to manufacture
methamphetamine crime new text end .

(a) Notwithstanding subdivision 1,
sections 152.022, subdivision 1, 152.023, subdivision 1, and
152.024, subdivision 1, a person is guilty of controlled
substance crime in the first degree if the person manufactures
any amount of methamphetamine.

(b) deleted text begin Notwithstanding paragraph (a) and section 609.17, deleted text end A
person is guilty of deleted text begin attempted manufacture of methamphetamine deleted text end new text begin a
crime new text end if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine. As
used in this section, "chemical reagents or precursors" deleted text begin refers
to one or more deleted text end new text begin includes any new text end of the following substances, new text begin or any
similar substances that can be used to manufacture
methamphetamine, new text end or deleted text begin their deleted text end new text begin the new text end salts, isomers, and salts of
isomers new text begin of a listed or similar substance new text end :

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

(5) anhydrous ammonia deleted text begin , as defined in section 18C.005,
subdivision 1a deleted text end ;

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 152.021,
subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) A person convicted under
subdivisions 1 to 2a, paragraph (a), may be sentenced to
imprisonment for not more than 30 years or to payment of a fine
of not more than $1,000,000, or both; a person convicted under
subdivision 2a, paragraph (b), may be sentenced to imprisonment
for not more than deleted text begin three deleted text end new text begin ten new text end years or to payment of a fine of not
more than deleted text begin $5,000 deleted text end new text begin $20,000 new text end , or both.

(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivisions 1 to 2a,
paragraph (a), shall be committed to the commissioner of
corrections for not less than four years nor more than 40 years
and, in addition, may be sentenced to payment of a fine of not
more than $1,000,000; a person convicted under subdivision 2a,
paragraph (b), may be sentenced to imprisonment for not more
than deleted text begin four deleted text end new text begin 15 new text end years or to payment of a fine of not more than
deleted text begin $5,000 deleted text end new text begin $30,000 new text end , or both.

(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

new text begin [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Restitution. new text end

new text begin (a) As used in this
subdivision:
new text end

new text begin (1) "clandestine lab site" means any structure or
conveyance or outdoor location occupied or affected by
conditions or chemicals typically associated with the
manufacturing of methamphetamine;
new text end

new text begin (2) "emergency response" includes, but is not limited to,
removing and collecting evidence, securing the site, removal,
remediation, and hazardous chemical assessment or inspection of
the site where the relevant offense or offenses took place,
regardless of whether these actions are performed by the public
entities themselves or by private contractors paid by the public
entities, or the property owner;
new text end

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

new text begin (4) "removal" means the removal from the clandestine lab
site of precursor or waste chemicals, chemical containers, or
equipment associated with the manufacture, packaging, or storage
of illegal drugs.
new text end

new text begin (b) A court shall require a person convicted of
manufacturing or attempting to manufacture a controlled
substance or of an illegal activity involving a precursor
substance, where the response to the crime involved an emergency
response, to pay restitution to all public entities that
participated in the response. The restitution ordered must
cover the reasonable costs of their participation in the
response.
new text end

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

new text begin (d) Notwithstanding paragraphs (b) and (c), if the court
finds that the convicted person is indigent or that payment of
the restitution would create undue hardship for the convicted
person's immediate family, the court may reduce the amount of
restitution to an appropriate level.
new text end

new text begin Subd. 2. new text end

new text begin Property-related prohibitions; notice; web
site. new text end

new text begin (a) As used in this subdivision:
new text end

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

new text begin (2) "property" 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;
new text end

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

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

new text begin (b) A peace officer who arrests a person at a clandestine
lab site shall notify the appropriate county or local health
department, state duty officer, and child protection services of
the arrest and the location of the site.
new text end

new text begin (c) A county or local health department or sheriff shall
order that 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 methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine 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).
new text end

new text begin (d) Unless clearly inapplicable, the procedures specified
in chapter 145A and any related rules adopted under that chapter
addressing the enforcement of public health laws, the removal
and abatement of public health nuisances, and the remedies
available to property owners or occupants apply to this
subdivision.
new text end

new text begin (e) Upon the proper removal and remediation of any property
used as a clandestine lab site, the contractor shall verify to
the applicable authority that issued the order under paragraph
(c) that the work was completed according to the Department of
Health's clandestine drug labs general cleanup guidelines and
best practices and that levels of contamination have been
reduced to levels set forth in the guidelines. 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.
new text end

new text begin (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 or the levels
of contamination were not reduced to levels set forth in the
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 reducing the levels of
contamination to levels set in 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.
new text end

new text begin (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
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine and
if the authority is able to obtain the certificate of title for
the motor vehicle, the authority shall notify the registrar of
motor vehicles of this fact and in addition, forward the
certificate of title to the registrar. The authority shall also
notify the registrar when it vacates its order under paragraph
(e).
new text end

new text begin (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:
new text end

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

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

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

new text begin If 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. new text end

new text begin 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.
new text end

new text begin (i) If proper removal and remediation has occurred on the
property, an interested party may record an affidavit indicating
that this has occurred. 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.
new text end

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

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

new text begin (l) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the 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.
new text end

new text begin (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 methamphetamine production has occurred on the
property, the disclosure shall include a statement to the buyer
or transferee informing the buyer or transferee:
new text end

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

new text begin (2) whether any orders issued against the property under
paragraph (c) have been vacated under paragraph (i); or
new text end

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

new text begin 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
above, and who knew or had reason to know of methamphetamine
production on the property, is liable to the buyer or transferee
for:
new text end

new text begin (1) costs relating to remediation of the property according
to the Department of Health's clandestine drug labs general
cleanup guidelines and best practices so that contamination is
reduced to levels set forth in the guidelines; and
new text end

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

new text begin 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
methamphetamine production occurred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2006, and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section,
"tamper" means action taken by a person not authorized to take
that action by law or by the owner or authorized custodian of an
anhydrous ammonia container or of equipment where anhydrous
ammonia is used, stored, distributed, or transported.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) A person may not:
new text end

new text begin (1) steal or unlawfully take or carry away any amount of
anhydrous ammonia;
new text end

new text begin (2) purchase, possess, transfer, or distribute any amount
of anhydrous ammonia, knowing, or having reason to know, that it
will be used to unlawfully manufacture a controlled substance;
new text end

new text begin (3) place, have placed, or possess anhydrous ammonia in a
container that is not designed, constructed, maintained, and
authorized to contain or transport anhydrous ammonia;
new text end

new text begin (4) transport anhydrous ammonia in a container that is not
designed, constructed, maintained, and authorized to transport
anhydrous ammonia;
new text end

new text begin (5) use, deliver, receive, sell, or transport a container
designed and constructed to contain anhydrous ammonia without
the express consent of the owner or authorized custodian of the
container; or
new text end

new text begin (6) tamper with any equipment or facility used to contain,
store, or transport anhydrous ammonia.
new text end

new text begin (b) For the purposes of this subdivision, containers
designed and constructed for the storage and transport of
anhydrous ammonia are described in rules adopted under section
18C.121, subdivision 1, or in Code of Federal Regulations, title
49.
new text end

new text begin Subd. 3. new text end

new text begin No cause of action. new text end

new text begin (a) Except as provided in
paragraph (b), a person tampering with anhydrous ammonia
containers or equipment under subdivision 2 shall have no cause
of action for damages arising out of the tampering against:
new text end

new text begin (1) the owner or lawful custodian of the container or
equipment;
new text end

new text begin (2) a person responsible for the installation or
maintenance of the container or equipment; or
new text end

new text begin (3) a person lawfully selling or offering for sale the
anhydrous ammonia.
new text end

new text begin (b) Paragraph (a) does not apply to a cause of action
against a person who unlawfully obtained the anhydrous ammonia
or anhydrous ammonia container or who possesses the anhydrous
ammonia or anhydrous ammonia container for any unlawful purpose.
new text end

new text begin Subd. 4. new text end

new text begin Criminal penalty. new text end

new text begin A person who knowingly
violates subdivision 2 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $50,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

new text begin [152.137] METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Chemical substance" means a substance intended to be
used as a precursor in the manufacture of methamphetamine or any
other chemical intended to be used in the manufacture of
methamphetamine.
new text end

new text begin (c) "Child" means any person under the age of 18 years.
new text end

new text begin (d) "Methamphetamine paraphernalia" means all equipment,
products, and materials of any kind that are used, intended for
use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the
human body.
new text end

new text begin (e) "Methamphetamine waste products" means substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
new text end

new text begin (f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) No person may knowingly
engage in any of the following activities in the presence of a
child or vulnerable adult; in the residence of a child or a
vulnerable adult; in a building, structure, conveyance, or
outdoor location where a child or vulnerable adult might
reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit
residential building:
new text end

new text begin (1) manufacturing or attempting to manufacture
methamphetamine;
new text end

new text begin (2) storing any chemical substance;
new text end

new text begin (3) storing any methamphetamine waste products; or
new text end

new text begin (4) storing any methamphetamine paraphernalia.
new text end

new text begin (b) No person may knowingly cause or permit a child or
vulnerable adult to inhale, be exposed to, have contact with, or
ingest methamphetamine, a chemical substance, or methamphetamine
paraphernalia.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin A person who violates
subdivision 2 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections
609.035 and 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
new text end

new text begin Subd. 5. new text end

new text begin Protective custody. new text end

new text begin A peace officer may take
any child present in an area where any of the activities
described in subdivision 2, paragraph (a), clauses (1) to (4),
are taking place into protective custody in accordance with
section 260C.175, subdivision 1, paragraph (b), clause (2). A
child taken into protective custody under this subdivision shall
be provided health screening to assess potential health concerns
related to methamphetamine as provided in section 260C.188. A
child not taken into protective custody under this subdivision
but who is known to have been exposed to methamphetamine shall
be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
new text end

new text begin Subd. 6. new text end

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

new text begin (a)
A peace officer shall make a report of suspected maltreatment of
a vulnerable adult if the vulnerable adult is present in an area
where any of the activities described in subdivision 2,
paragraph (a), clauses (1) to (4), are taking place, and the
peace officer has reason to believe the vulnerable adult
inhaled, was exposed to, had contact with, or ingested
methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to
the county common entry point as described in section 626.557,
subdivision 9b.
new text end

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

new text begin (c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 168A.05,
subdivision 3, is amended to read:

Subd. 3.

Content of certificate.

Each certificate of
title issued by the department shall contain:

(1) the date issued;

(2) the first, middle, and last names, the dates of birth,
and addresses of all owners who are natural persons, the full
names and addresses of all other owners;

(3) the names and addresses of any secured parties in the
order of priority as shown on the application, or if the
application is based on a certificate of title, as shown on the
certificate, or as otherwise determined by the department;

(4) any liens filed pursuant to a court order or by a
public agency responsible for child support enforcement against
the owner;

(5) the title number assigned to the vehicle;

(6) a description of the vehicle including, so far as the
following data exists, its make, model, year, identifying
number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;

(7) with respect to motor vehicles subject to the
provisions of section 325E.15, the true cumulative mileage
registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different
from the true mileage;

(8) with respect to vehicles subject to sections 325F.6641
and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
"prior salvage," or "reconstructed"; deleted text begin and
deleted text end

(9) new text begin with respect to a vehicle contaminated by
methamphetamine production, if the registrar has received the
certificate of title and notice described in section 152.0275,
subdivision 2, paragraph (g), the term "hazardous waste
contaminated vehicle"; and
new text end

new text begin (10) new text end any other data the department prescribes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 260C.171, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Notice to school. new text end

new text begin (a) As used in this
subdivision, the following terms have the meanings given.
"Chemical substance," "methamphetamine paraphernalia," and
"methamphetamine waste products" have the meanings given in
section 152.137, subdivision 1. "School" means a charter school
or a school as defined in section 120A.22, subdivision 4, except
a home school.
new text end

new text begin (b) If a child has been taken into protective custody after
being found in an area where methamphetamine was being
manufactured or attempted to be manufactured or where any
chemical substances, methamphetamine paraphernalia, or
methamphetamine waste products were stored, and the child is
enrolled in school, the officer who took the child into custody
shall notify the chief administrative officer of the child's
school of this fact.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts occurring on or after that date.
new text end

Sec. 9.

new text begin [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
REVOLVING FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "clandestine lab site" has the meaning given in section
152.0275, subdivision 1, paragraph (a);
new text end

new text begin (2) "property" has the meaning given in section 152.0275,
subdivision 2, paragraph (a), but does not include motor
vehicles; and
new text end

new text begin (3) "remediate" has the meaning given to remediation in
section 152.0275, subdivision 1, paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Fund established. new text end

new text begin The authority shall establish
a methamphetamine laboratory cleanup revolving fund to provide
loans to counties and cities to remediate clandestine lab
sites. The fund must be credited with repayments.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin Applications by a county or city
for a loan from the fund must be made to the authority on the
forms prescribed by the authority. The application must
include, but is not limited to:
new text end

new text begin (1) the amount of the loan requested and the proposed use
of the loan proceeds;
new text end

new text begin (2) the source of revenues to repay the loan; and
new text end

new text begin (3) certification by the county or city that it meets the
loan eligibility requirements of subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Loan eligibility. new text end

new text begin A county or city is eligible
for a loan under this section if the county or city:
new text end

new text begin (1) identifies a site or sites designated by a local public
health department or law enforcement as a clandestine lab site;
new text end

new text begin (2) has required the site's property owner to remediate the
site at cost, under a local public health nuisance ordinance
that addresses clandestine lab remediation;
new text end

new text begin (3) certifies that the property owner cannot pay for the
remediation immediately;
new text end

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

new text begin (5) issues a revenue bond payable to the authority to
secure the loan.
new text end

new text begin Subd. 5. new text end

new text begin Use of loan proceeds; reimbursement by property
owner. new text end

new text begin (a) A loan recipient shall use the loan to remediate the
clandestine lab site or if this has already been done to
reimburse the applicable county or city fund for costs paid by
the recipient to remediate the clandestine lab site.
new text end

new text begin (b) A loan recipient shall seek reimbursement from the
owner of the property containing the clandestine lab site for
the costs of the remediation. In addition to other lawful means
of seeking reimbursement, the loan recipient may recover its
costs through a property tax assessment by following the
procedures specified in section 145A.08, subdivision 2,
paragraph (c).
new text end

new text begin Subd. 6. new text end

new text begin Award and disbursement of funds. new text end

new text begin The authority
shall award loans to recipients on a first-come, first-served
basis, provided that the recipient is able to comply with the
terms and conditions of the authority loan, which must be in
conformance with this section. The authority shall make a
single disbursement of the loan upon receipt of a payment
request that includes a list of remediation expenses and
evidence that a second-party sampling was undertaken to ensure
that the remediation work was successful or a guarantee that
such a sampling will be undertaken.
new text end

new text begin Subd. 7. new text end

new text begin Loan conditions and terms. new text end

new text begin (a) When making
loans from the revolving fund, the authority shall comply with
the criteria in paragraphs (b) to (e).
new text end

new text begin (b) Loans must be made at a two percent per annum interest
rate for terms not to exceed ten years unless the recipient
requests a 20-year term due to financial hardship.
new text end

new text begin (c) The annual principal and interest payments must begin
no later than one year after completion of the clean up. Loans
must be amortized no later than 20 years after completion of the
clean up.
new text end

new text begin (d) A loan recipient must identify and establish a source
of revenue for repayment of the loan and must undertake whatever
steps are necessary to collect payments within one year of
receipt of funds from the authority.
new text end

new text begin (e) The fund must be credited with all payments of
principal and interest on all loans, except the costs as
permitted under section 446A.04, subdivision 5, paragraph (a).
new text end

new text begin (f) Loans must be made only to recipients with a local
public health nuisance ordinance that addresses clandestine lab
remediation.
new text end

new text begin Subd. 8. new text end

new text begin Authority to incur debt. new text end

new text begin Counties and cities
may incur debt under this section by resolution of the board or
council authorizing issuance of a revenue bond to the authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.1095,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
deleted text begin section deleted text end new text begin sections 152.137; new text end 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; new text begin and new text end 609.855, subdivision 5; any provision of
sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify the provisions of
Minnesota Statutes, section 152.021, subdivision 2a, paragraph
(b), and subdivision 3, as amended by this act, that relate to
the possession of chemical reagents or precursors with the
intent to manufacture methamphetamine and the penalties for
doing this into a new section of law codified as Minnesota
Statutes, section 152.0262. The revisor shall make any
necessary technical changes, including, but not limited to,
changes to statutory cross-references, to Minnesota Statutes,
section 152.021, and any other statutory sections to accomplish
this.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
5, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 2

METHAMPHETAMINE APPROPRIATIONS

Section 1. new text begin TOTAL APPROPRIATIONS.
new text end

The dollar amounts in the columns under "APPROPRIATIONS"
are appropriated to the specified agencies for the purposes
specified. The appropriations are from the general fund and are
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007" used in this article mean that the
addition to or subtraction from the appropriations listed under
the figure is for the fiscal years ending June 30, 2006, and
June 30, 2007, respectively.
SUMMARY

2006 2007 TOTAL

GENERAL $.,...,...,... $.,...,...,... $.,...,...,...

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. CORRECTIONS

For the increased prison
population based on this act. $ ....... $ .......

Sec. 3. BOARD OF PUBLIC DEFENSE ....... .......

For a methamphetamine trial team.

Sec. 4. HUMAN SERVICES ....... .......

For grants to counties to fund three
pilot projects addressing
methamphetamine.

A county seeking a grant under this
section shall submit a detailed
application to the commissioner that
specifies how the money will be used.
The application must demonstrate a
comprehensive countywide plan to combat
methamphetamine. At a minimum, this
plan must address how the county will
handle: (1) methamphetamine-related
child endangerment cases; (2)
methamphetamine-related cleanup and
remediation; (3) enforcing
methamphetamine-related criminal laws;
and (4) methamphetamine-related
treatment. To the extent possible, the
commissioner shall ensure that one
pilot project has an emphasis on
adolescents and one has a
maternal/early childhood emphasis.

Sec. 5. EMPLOYMENT AND
ECONOMIC DEVELOPMENT ....... .......

To carry out the public facilities
authority's duties involving the
methamphetamine laboratory cleanup
revolving fund under Minnesota
Statutes, section 446A.083.

Sec. 6. PUBLIC SAFETY ......... .........

For ten Bureau of Criminal Apprehension
agents to be assigned exclusively to
methamphetamine enforcement, including
the investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.

Sec. 7. HEALTH ....... .......

To provide technical assistance on
methamphetamine lab remediation.

Sec. 8. EDUCATION ....... .......

To develop and distribute to school
districts materials addressing the
dangers of methamphetamine.