SF 49

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

A bill for an act
relating to crime prevention and public safety;
regulating the sale of methamphetamine precursor
drugs; authorizing reporting of suspicious
transactions involving these drugs and providing civil
immunity for so doing; requiring a methamphetamine
educational program for retailers; 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;
establishing new methamphetamine-related crimes;
expanding the definition of "violent crime" for
mandatory sentencing purposes; requiring that vehicles
used to manufacture methamphetamine indicate this in
the title; establishing a methamphetamine laboratory
cleanup revolving fund and authorizing loans to assist
counties and cities in conducting methamphetamine
cleanup; imposing a surcharge on controlled substance
offenses; exempting certain substances for regulation
under the controlled substances chapter of law;
providing for reports; imposing criminal penalties;
appropriating money; amending Minnesota Statutes 2004,
sections 152.021, subdivisions 2a, 3; 152.135,
subdivision 2; 168A.05, subdivision 3; 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:

Section 1.

[152.015] GBL AND BDO.

Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not
controlled substances and are exempted from regulation under
this chapter when:

(1) intended for industrial use and not for human
consumption; or

(2) occurring in a natural concentration and not the result
of deliberate addition.

EFFECTIVE DATE.

This section is effective August 1, 2005.

Sec. 2.

[152.016] SURCHARGE ON VIOLATIONS OF THIS
CHAPTER.

Subdivision 1.

When required.

(a) When a court sentences
a person convicted of an offense under this chapter, it shall
impose a surcharge of $50. This section applies when the
sentence is executed, stayed, or suspended. The court may not
waive payment or authorize payment of the surcharge in
installments unless it makes written findings on the record that
the convicted person is indigent or that the surcharge would
create undue hardship for the convicted person or that person's
immediate family.

(b) The surcharge required under this section is in
addition to the surcharge required by section 357.021,
subdivision 6 (surcharges on criminal and traffic offenders).

Subd. 2.

Distribution of money.

The county shall collect
and forward the surcharge to the commissioner of finance within
60 days after sentencing or explain to the commissioner in
writing why the money was not forwarded within this time
period. The commissioner shall credit the money to the
methamphetamine awareness and educational account under section
152.185.

EFFECTIVE DATE.

This section is effective July 1, 2005,
and applies to crimes committed on or after that date.

Sec. 3.

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

Subd. 2a.

methamphetamine manufacture crimes crime;
possession of substances with intent to manufacture
methamphetamine crime.

(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) Notwithstanding paragraph (a) and section 609.17,A
person is guilty of attempted manufacture of methamphetamine a
crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine. As
used in this section, "chemical reagents or precursors" refers
to one or more of the following substances, or their salts,
isomers, and salts of isomers:

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

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

(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.

EFFECTIVE DATE.

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

Sec. 4.

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

Subd. 3.

Penalty.

(a) A person convicted under
subdivisions 1 to 2a, paragraph (a), may be sentenced to
imprisonment for not more than 30 years or to payment of a fine
of not more than $1,000,000, or both; a person convicted under
subdivision 2a, paragraph (b), may be sentenced to imprisonment
for not more than three ten years or to payment of a fine of not
more than $5,000 $20,000, 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 four 15 years or to payment of a fine of not more than
$5,000 $30,000, 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.

EFFECTIVE DATE.

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

Sec. 5.

[152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE.

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 methamphetamine;

(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 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

(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 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.

(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.

(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.

Subd. 2.

Property-related prohibitions; web site.

(a) As
used in this subdivision:

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

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

(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 all property that has been found to be a clandestine
lab site and contaminated by substances, chemicals, or items of
any kind used in the manufacture of methamphetamine or any part
of the manufacturing process, or the by-products or degradates
of manufacturing methamphetamine be prohibited from being
occupied, rented, sold, or used until it has been assessed and
remediated as provided in the Department of Health's clandestine
drug labs general cleanup guidelines.

(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 applicable authority that issued the order under paragraph
(c) that the work was completed according to the Department of
Health's clandestine drug labs general cleanup guidelines and
best practices and that levels of contamination have been
reduced to levels set forth in the guidelines. Following this,
the applicable authority shall vacate its order.

(f) If the applicable authority determines under paragraph
(c) that a motor vehicle has been contaminated by substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine, and
if the authority is able to obtain the certificate of title for
the motor vehicle, the authority shall notify the registrar of
motor vehicles of this fact and in addition, forward the
certificate of title to the registrar. The authority shall also
notify the registrar when it vacates its order under paragraph
(e).

(g) The commissioner of health shall create and maintain an
Internet Web site and post on the Web site contact information
for each local community health services administrator.

(h) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the location of the property, the extent
of the contamination, the status of the removal and remediation
work on the property, and whether the order has been vacated.
The administrator shall make this information available to the
public either upon request or by other means.

EFFECTIVE DATE.

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

Sec. 6.

Minnesota Statutes 2004, section 152.135,
subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) A drug product containing
ephedrine, its salts, optical isomers, and salts of optical
isomers is exempt from subdivision 1 if the drug product:

(1) may be lawfully sold over the counter without a
prescription under the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 321, et seq.;

(2) is labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;

(3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse;

(4) is not marketed, advertised, or labeled for the
indication of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy; and

(5) is in solid oral dosage forms, including soft gelatin
caplets, that combine 400 milligrams of guaifenesin and 25
milligrams of ephedrine per dose, according to label
instructions; or is an anorectal preparation containing not more
than five percent ephedrine; and

(6) is sold in a manner that does not conflict with section
152.136.

(b) Subdivisions 1 and 3 shall not apply to products
containing ephedra or ma huang and lawfully marketed as dietary
supplements under federal law.

EFFECTIVE DATE.

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

Sec. 7.

[152.136] SALES OF METHAMPHETAMINE PRECURSOR
DRUGS; CRIMINAL PENALTIES; REPORTING.

Subdivision 1.

Definitions.

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

(b) "Methamphetamine precursor drug" includes single-source
methamphetamine precursor drugs and non-single-source
methamphetamine precursor drugs.

(c) "Non-single-source methamphetamine precursor drug"
means a combination drug or product containing as one of its
active ingredients ephedrine or pseudoephedrine. However, the
term does not include a single-source methamphetamine precursor
drug.

(d) "Over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription.

(e) "Single-source methamphetamine precursor drug" means a
drug or product containing as its sole active ingredient
ephedrine or pseudoephedrine.

(f) "Suspicious transaction" means the sale, distribution,
delivery, or other transfer of a substance under circumstances
that would lead a reasonable person to believe that the
substance is likely to be used to illegally manufacture a
controlled substance based on factors such as the amount of the
substance involved in the transaction, the method of payment,
the method of delivery, and any past dealings with any
participant in the transaction.

Subd. 2.

Prohibited conduct.

(a) No person may sell in a
single over-the-counter sale more than three packages of a
methamphetamine precursor drug or a combination of
methamphetamine precursor drugs or any combination of packages
exceeding a total weight of nine grams.

(b) Over-the-counter sales of methamphetamine precursor
drugs are limited to:

(1) packages containing not more than a total of three
grams of one or more methamphetamine precursor drugs, calculated
in terms of ephedrine base or pseudoephedrine base; or

(2) for nonliquid products, sales in blister packs, where
each blister contains not more than two dosage units, or, if the
use of blister packs is not technically feasible, sales in unit
dose packets or pouches.

(c) A business establishment that offers for sale
single-source methamphetamine precursor drugs in an
over-the-counter sale shall do one of the following:

(1) ensure that all packages of the drugs are displayed and
offered for sale only:

(i) behind a checkout counter where the public is not
permitted;

(ii) inside a locked display case; or

(iii) within ten feet of an unobstructed view of an
attended checkout counter;

(2) utilize an electronic antitheft system having a product
tag and detection alarm designed to specifically prevent the
theft of the drugs from the business establishment; or

(3) prohibit sales of the drugs to persons under the age of
18 years.

It is an affirmative defense to a charge under clause (3) if the
defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as
described in section 340A.503, subdivision 6.

Subd. 3.

Criminal penalty.

A person who knowingly
violates subdivision 2 is guilty of a misdemeanor and may be
sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.

Subd. 4.

Exception to criminal penalty.

(a) An owner,
operator, supervisor, or manager of a business establishment
that offers for sale methamphetamine precursor drugs whose
employee or agent is convicted of or charged with violating this
section is not subject to the criminal penalties for violating
this section if the person:

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

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

(b) Subdivisions 2 and 3 do not apply to a methamphetamine
precursor drug that is manufactured in a manner that prevents
the drug from being used to manufacture methamphetamine.

Subd. 5.

Suspicious transactions; reporting;
immunity.

Any person employed by a business establishment that
offers for sale methamphetamine precursor drugs who sells such a
drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports
information under this subdivision in good faith is immune from
civil liability relating to the report.

Subd. 6.

Exemption.

This section does not apply to
pediatric products labeled pursuant to federal regulation
primarily intended for administration to children under 12 years
of age according to label instructions.

Subd. 7.

Effect on local ordinances.

This section
preempts all local ordinances or regulations governing the sale
by a retail distributor of over-the-counter products containing
ephedrine or pseudoephedrine. Any existing local ordinance or
regulation is void.

EFFECTIVE DATE.

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

Sec. 8.

[152.137] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.

Subdivision 1.

Definitions.

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.

Subd. 2.

Prohibited conduct.

(a) A person may not:

(1) steal or unlawfully take or carry away any amount of
anhydrous ammonia;

(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;

(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;

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

(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

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

(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.

Subd. 3.

No cause of action.

(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:

(1) the owner or lawful custodian of the container or
equipment;

(2) a person responsible for the installation or
maintenance of the container or equipment; or

(3) a person lawfully selling or offering for sale the
anhydrous ammonia.

(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.

Subd. 4.

Criminal penalty.

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.

EFFECTIVE DATE.

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

Sec. 9.

[152.138] METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.

Subdivision 1.

Definitions.

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

(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.

(c) "Child" means any person under the age of 18 years.

(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.

(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.

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

Subd. 2.

Prohibited conduct.

(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:

(1) manufacturing or attempting to manufacture
methamphetamine;

(2) storing any chemical substance;

(3) storing any methamphetamine waste products; or

(4) storing any methamphetamine paraphernalia.

(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.

Subd. 3.

Criminal penalty.

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.

Subd. 4.

Multiple sentences.

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.

Subd. 5.

Protective custody.

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.

Subd. 6.

Reporting maltreatment of vulnerable adult.

(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.

(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.

(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.

EFFECTIVE DATE.

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

Sec. 10.

[152.185] METHAMPHETAMINE AWARENESS AND
EDUCATIONAL ACCOUNT; MINNESOTA METH WATCH.

Subdivision 1.

Account established; educational program.

The methamphetamine awareness and educational account is a
special revenue account in the state treasury. Money in the
account is appropriated to the commissioner of public safety to
be used to support projects relating to educating retailers and
the public on the dangers of methamphetamines and
methamphetamine precursor drugs and the laws and regulations
governing their use, including an educational initiative
entitled "Minnesota meth watch" addressing methamphetamine, its
use and manufacture, and the impact of methamphetamine-related
activities on children, the environment, and the state's quality
of life.

Subd. 2.

Contributions.

The state may accept
contributions, gifts, grants, and bequests for deposit into the
fund.

Subd. 3.

Limit.

The commissioner of finance may not
credit more than $40,000 per year to this account from the
surcharge established in section 152.016. Any money collected
from that surcharge in excess of $40,000 must be credited to the
general fund.

EFFECTIVE DATE.

This section is effective July 1, 2005.

Sec. 11.

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"; and

(9) 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 (f), the term "hazardous waste
contaminated vehicle"; and

(10) any other data the department prescribes.

EFFECTIVE DATE.

This section is effective July 1, 2005.

Sec. 12.

[446A.083] METHAMPHETAMINE LABORATORY CLEANUP
REVOLVING FUND.

Subdivision 1.

Definitions.

As used in this section:

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

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

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

Subd. 2.

Fund established.

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.

Subd. 3.

Applications.

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:

(1) the amount of the loan requested and the proposed use
of the loan proceeds;

(2) the source of revenues to repay the loan; and

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

Subd. 4.

Loan eligibility.

A county or city is eligible
for a loan under this section if the county or city:

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

(2) has required the site's property owner to remediate the
site at cost, under chapter 145A or a local public health
nuisance ordinance that addresses clandestine lab remediation;

(3) certifies that the property owner cannot pay for the
remediation immediately;

(4) certifies that the property owner has not properly
remediated the site; and

(5) issues a revenue bond payable to the authority to
secure the loan.

Subd. 5.

Use of loan proceeds; reimbursement by property
owner.

(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.

(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).

Subd. 6.

Award and disbursement of funds.

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.

Subd. 7.

Loan conditions and terms.

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

(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.

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

(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.

(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).

(f) Loans must be made only to recipients with clandestine
lab ordinances that address remediation.

Subd. 8.

Authority to incur debt.

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.

EFFECTIVE DATE.

This section is effective July 1, 2005.

Sec. 13.

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:
section sections 152.138;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; 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.

EFFECTIVE DATE.

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

Sec. 14. REQUESTED LEGISLATIVE AUDITOR'S REPORT; DRUG
TREATMENT.

(a) The Legislative Audit Commission is requested to direct
the legislative auditor to study and issue a report on the
efficacy of controlled substance treatment programs for criminal
offenders in Minnesota. The report must include programs
offered in state and local correctional facilities and
community-based programs. The auditor shall study the programs
offered for each type of controlled substance addiction. The
report must compare the costs of the programs and their success
rates. To the degree feasible, the auditor shall investigate
treatment programs offered in other states for controlled
substance offenders and compare the breadth and
comprehensiveness of the treatment options available in
Minnesota, their costs, and their success rates to those in
other states.

(b) If the Legislative Audit Commission directs the
legislative auditor to conduct the study described in paragraph
(a), the auditor shall report its findings to the legislature by
February 1, 2006.

EFFECTIVE DATE.

This section is effective July 1, 2005.

Sec. 15. APPROPRIATIONS.

Subdivision 1.

Corrections.

(a) $....... is appropriated
from the general fund for the fiscal year ending June 30, 2006,
and $....... is appropriated from the general fund for the
fiscal year ending June 30, 2007, to the commissioner of
corrections. Of this amount, $....... the first year is for the
report described in paragraph (b); and $....... the first year,
and $....... the second year are for increased costs associated
with this act.

(b) By March 15, 2006, the commissioner shall report to the
chairs and ranking minority members of the senate and house
committees or divisions having jurisdiction over criminal
justice policy and funding on issues related to
methamphetamine. The report must include, but is not limited
to, an analysis of the current number of state correctional
inmates incarcerated on a methamphetamine-related crime,
information on how that number compares to that of recent years,
a projection of the number of future state correctional inmates
incarcerated on a methamphetamine-related charge, recidivism
information for released methamphetamine offenders, the types of
treatment offered to methamphetamine offenders in prison and the
costs of this treatment, and to the degree possible, the same
information described in this section for methamphetamine
offenders at the local level.

Subd. 2.

Public defense.

$....... is appropriated from
the general fund for the fiscal year ending June 30, 2006, and
$....... is appropriated from the general fund for the fiscal
year ending June 30, 2007, to the Board of Public Defense. Of
this amount, $....... the first year and $....... the second
year are for an increased methamphetamine caseload; and $.......
the first year and $....... the second year are for a
methamphetamine trial team.

Subd. 3.

Courts.

$....... is appropriated from the
general fund for the fiscal year ending June 30, 2006, and
$....... is appropriated from the general fund for the fiscal
year ending June 30, 2007, to the state court administrator for
increased costs associated with this act.

Subd. 4.

Human services.

(a) $....... is appropriated
from the general fund for the fiscal year ending June 30, 2006,
and $....... is appropriated from the general fund for the
fiscal year ending June 30, 2007, to the commissioner of human
services for grants to counties or groups of counties to fund
three pilot project methamphetamine treatment programs for
offenders convicted of methamphetamine-related crimes.

(b) The commissioner shall report the following relating to
the grants described in paragraph (a) to the chairs and ranking
minority members of the senate and house committees or divisions
having jurisdiction over human services and criminal justice
funding:

(1) by February 15, 2006, the commissioner shall report the
amount of each grant, who the grant recipient was, and specific
information about the treatment program funded, including, but
not limited to, the nature of the treatment offered, the
structure of the program, and initial information about the
completion rate of offenders who entered the program; and

(2) by February 15, 2008, the commissioner shall report
information on the success of the pilot programs funded,
including recidivism data on offenders who entered the program.

Subd. 5.

Employment and economic development.

$.......
is appropriated from the general fund for the fiscal year ending
June 30, 2006, and $....... is appropriated from the general
fund for the fiscal year ending June 30, 2007, to the
commissioner of 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.

EFFECTIVE DATE.

This section is effective July 1, 2005.

Sec. 16. REPEALER.

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

EFFECTIVE DATE.

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