SF 51

1st Unofficial 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, by adding subdivisions; 
  1.32            152.021, subdivisions 2a, 3; 152.027, subdivisions 1, 
  1.33            2; 152.0974; 152.135; 168A.05, subdivision 3; 
  1.34            260B.171, by adding a subdivision; 609.1095, 
  1.35            subdivision 1; proposing coding for new law in 
  1.36            Minnesota Statutes, chapters 152; 446A; repealing 
  1.37            Minnesota Statutes 2004, sections 18C.005, 
  1.38            subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 
  1.39            18D.331, subdivision 5. 
  1.40  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.41                             ARTICLE 1
  1.42                     METHAMPHETAMINE PROVISIONS
  2.1      Section 1.  Minnesota Statutes 2004, section 152.01, 
  2.2   subdivision 10, is amended to read: 
  2.3      Subd. 10.  [NARCOTIC DRUG.] "Narcotic drug" means any of 
  2.4   the following, whether produced directly or indirectly by 
  2.5   extraction from substances of vegetable origin, or independently 
  2.6   by means of chemical synthesis, or by a combination of 
  2.7   extraction and chemical synthesis: 
  2.8      (1) Opium, coca leaves, and opiates, and methamphetamine; 
  2.9      (2) A compound, manufacture, salt, derivative, or 
  2.10  preparation of opium, coca leaves, or opiates, or 
  2.11  methamphetamine; 
  2.12     (3) A substance, and any compound, manufacture, salt, 
  2.13  derivative, or preparation thereof, which is chemically 
  2.14  identical with any of the substances referred to in clauses (1) 
  2.15  and (2), except that the words "narcotic drug" as used in this 
  2.16  chapter shall not include decocainized coca leaves or extracts 
  2.17  of coca leaves, which extracts do not contain cocaine or 
  2.18  ecgonine. 
  2.19     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  2.20  and applies to crimes committed on or after that date.  
  2.21     Sec. 2.  Minnesota Statutes 2004, section 152.02, 
  2.22  subdivision 6, is amended to read: 
  2.23     Subd. 6.  [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE 
  2.24  PRECURSOR DRUGS.] (a) As used in this subdivision, the following 
  2.25  terms have the meanings given:  
  2.26     (1) "methamphetamine precursor drug" means any compound, 
  2.27  mixture, or preparation containing ephedrine or pseudoephedrine 
  2.28  as its sole active ingredient or as one of its active 
  2.29  ingredients; 
  2.30     (2) "over-the-counter sale" means a retail sale of a drug 
  2.31  or product but does not include the sale of a drug or product 
  2.32  pursuant to the terms of a valid prescription or by a licensed 
  2.33  veterinarian; and 
  2.34     (3) "suspicious transaction" means the sale, distribution, 
  2.35  delivery, or other transfer of a substance under circumstances 
  2.36  that would lead a reasonable person to believe that the 
  3.1   substance is likely to be used to illegally manufacture a 
  3.2   controlled substance based on factors such as the amount of the 
  3.3   substance involved in the transaction, the method of payment, 
  3.4   the method of delivery, and any past dealings with any 
  3.5   participant in the transaction.  
  3.6      (b) The following items are listed in Schedule V: 
  3.7      (1) any compound, mixture, or preparation containing any of 
  3.8   the following limited quantities of narcotic drugs, which shall 
  3.9   include one or more nonnarcotic active medicinal ingredients in 
  3.10  sufficient proportion to confer upon the compound, mixture or 
  3.11  preparation valuable medicinal qualities other than those 
  3.12  possessed by the narcotic drug alone;:  
  3.13     (1) (i) not more than 100 milligrams of dihydrocodeine per 
  3.14  100 milliliters or per 100 grams.; 
  3.15     (2) (ii) not more than 100 milligrams of ethylmorphine per 
  3.16  100 milliliters or per 100 grams.; 
  3.17     (3) (iii) not more than 2.5 milligrams of diphenoxylate and 
  3.18  not less than 25 micrograms of atropine sulfate per dosage 
  3.19  unit.; or 
  3.20     (4) (iv) not more than 15 milligrams of anhydrous morphine 
  3.21  per 100 milliliters or per 100 grams; and 
  3.22     (2) any compound, mixture, or preparation containing 
  3.23  ephedrine or pseudoephedrine as its sole active ingredient or as 
  3.24  one of its active ingredients. 
  3.25     (c) No person may sell in a single over-the-counter sale 
  3.26  more than two packages of a methamphetamine precursor drug or a 
  3.27  combination of methamphetamine precursor drugs or any 
  3.28  combination of packages exceeding a total weight of six grams. 
  3.29     (d) Over-the-counter sales of methamphetamine precursor 
  3.30  drugs are limited to: 
  3.31     (1) packages containing not more than a total of three 
  3.32  grams of one or more methamphetamine precursor drugs, calculated 
  3.33  in terms of ephedrine base or pseudoephedrine base; or 
  3.34     (2) for nonliquid products, sales in blister packs, where 
  3.35  each blister contains not more than two dosage units, or, if the 
  3.36  use of blister packs is not technically feasible, sales in unit 
  4.1   dose packets or pouches. 
  4.2      (e) A business establishment that offers for sale 
  4.3   methamphetamine precursor drugs in an over-the-counter sale 
  4.4   shall ensure that all packages of the drugs are displayed behind 
  4.5   a checkout counter where the public is not permitted and are 
  4.6   offered for sale only by a licensed pharmacist, a registered 
  4.7   pharmacy technician, or a pharmacy clerk.  The establishment 
  4.8   shall ensure that the person making the sale requires the buyer: 
  4.9      (1) to provide photographic identification showing the 
  4.10  buyer's date of birth; and 
  4.11     (2) to sign a written or electronic document detailing the 
  4.12  date of the sale, the name of the buyer, and the amount of the 
  4.13  drug sold.  Nothing in this paragraph requires the buyer to 
  4.14  obtain a prescription for the drug's purchase.  
  4.15     (f) No person may acquire through over-the-counter sales 
  4.16  more than six grams of methamphetamine precursor drugs within a 
  4.17  30-day period.  
  4.18     (g) No person may sell in an over-the-counter sale a 
  4.19  methamphetamine precursor drug to a person under the age of 18 
  4.20  years.  It is an affirmative defense to a charge under this 
  4.21  paragraph if the defendant proves by a preponderance of the 
  4.22  evidence that the defendant reasonably and in good faith relied 
  4.23  on proof of age as described in section 340A.503, subdivision 6. 
  4.24     (h) A person who knowingly violates paragraph (c), (d), 
  4.25  (e), (f), or (g) is guilty of a misdemeanor and may be sentenced 
  4.26  to imprisonment for not more than 90 days, or to payment of a 
  4.27  fine of not more than $1,000, or both. 
  4.28     (i) An owner, operator, supervisor, or manager of a 
  4.29  business establishment that offers for sale methamphetamine 
  4.30  precursor drugs whose employee or agent is convicted of or 
  4.31  charged with violating paragraph (c), (d), (e), (f), or (g) is 
  4.32  not subject to the criminal penalties for violating any of those 
  4.33  paragraphs if the person: 
  4.34     (1) did not have prior knowledge of, participate in, or 
  4.35  direct the employee or agent to commit the violation; and 
  4.36     (2) documents that an employee training program was in 
  5.1   place to provide the employee or agent with information on the 
  5.2   state and federal laws and regulations regarding methamphetamine 
  5.3   precursor drugs. 
  5.4      (j) Any person employed by a business establishment that 
  5.5   offers for sale methamphetamine precursor drugs who sells such a 
  5.6   drug to any person in a suspicious transaction shall report the 
  5.7   transaction to the owner, supervisor, or manager of the 
  5.8   establishment.  The owner, supervisor, or manager may report the 
  5.9   transaction to local law enforcement.  A person who reports 
  5.10  information under this subdivision in good faith is immune from 
  5.11  civil liability relating to the report. 
  5.12     (k) Paragraphs (c) to (j) do not apply to: 
  5.13     (1) pediatric products labeled pursuant to federal 
  5.14  regulation primarily intended for administration to children 
  5.15  under 12 years of age according to label instructions; 
  5.16     (2) methamphetamine precursor drugs that are certified by 
  5.17  the Board of Pharmacy as being manufactured in a manner that 
  5.18  prevents the drug from being used to manufacture 
  5.19  methamphetamine; 
  5.20     (3) methamphetamine precursor drugs in gel capsule or 
  5.21  liquid form; or 
  5.22     (4) compounds, mixtures, or preparations in powder form 
  5.23  where pseudoephedrine constitutes less than one percent of its 
  5.24  total weight and is not its sole active ingredient.  
  5.25     (l) The Board of Pharmacy, in consultation with the 
  5.26  Department of Public Safety, shall certify methamphetamine 
  5.27  precursor drugs that meet the requirements of paragraph (k), 
  5.28  clause (2), and publish an annual listing of these drugs.  
  5.29     (m) Wholesale drug distributors licensed and regulated by 
  5.30  the Board of Pharmacy pursuant to sections 151.42 to 151.51 and 
  5.31  registered with and regulated by the United States Drug 
  5.32  Enforcement Administration are exempt from the methamphetamine 
  5.33  precursor drug storage requirements of this section. 
  5.34     (n) This section preempts all local ordinances or 
  5.35  regulations governing the sale by a business establishment of 
  5.36  over-the-counter products containing ephedrine or 
  6.1   pseudoephedrine.  All ordinances enacted prior to the effective 
  6.2   date of this act are void. 
  6.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  6.4   and applies to crimes committed on or after that date until 
  6.5   superseded by section 3. 
  6.6      Sec. 3.  Minnesota Statutes 2004, section 152.02, is 
  6.7   amended by adding a subdivision to read: 
  6.8      Subd. 6a.  [SCHEDULE V.] The following items are listed in 
  6.9   Schedule V:  
  6.10     (1) any compound, mixture, or preparation containing any of 
  6.11  the following limited quantities of narcotic drugs, which shall 
  6.12  include one or more nonnarcotic active medicinal ingredients in 
  6.13  sufficient proportion to confer upon the compound, mixture or 
  6.14  preparation valuable medicinal qualities other than those 
  6.15  possessed by the narcotic drug alone; 
  6.16     (i) Not more than 100 milligrams of dihydrocodeine per 100 
  6.17  milliliters or per 100 grams. 
  6.18     (ii) Not more than 100 milligrams of ethylmorphine per 100 
  6.19  milliliters or per 100 grams. 
  6.20     (iii) Not more than 2.5 milligrams of diphenoxylate and not 
  6.21  less than 25 micrograms of atropine sulfate per dosage unit. 
  6.22     (iv) Not more than 15 milligrams of anhydrous morphine per 
  6.23  100 milliliters or per 100 grams; and 
  6.24     (2) any compound, mixture, or preparation containing 
  6.25  ephedrine and pseudoephedrine as its sole active ingredient or 
  6.26  as one of its active ingredients. 
  6.27     [EFFECTIVE DATE.] This section is effective August 1, 2006. 
  6.28     Sec. 4.  Minnesota Statutes 2004, section 152.02, is 
  6.29  amended by adding a subdivision to read: 
  6.30     Subd. 8a.  [METHAMPHETAMINE PRECURSORS.] The State Board of 
  6.31  Pharmacy may, by order, require that non-prescription ephedrine 
  6.32  or pseudophedrine products sold in gel capsule or liquid form be 
  6.33  subject to the sale restrictions established in subdivision 6 
  6.34  for methamphetamine precursor drugs, if the board concludes that 
  6.35  ephedrine or pseudophedrine products in gel capsule or liquid 
  6.36  form can be used to manufacture methamphetamine.  In assessing 
  7.1   the need for an order under this subdivision, the board shall 
  7.2   consult at least annually with the advisory council on 
  7.3   controlled substances, the commissioner of public safety, and 
  7.4   the commissioner of health. 
  7.5      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
  7.6      Sec. 5.  Minnesota Statutes 2004, section 152.021, 
  7.7   subdivision 2a, is amended to read: 
  7.8      Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
  7.9   POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
  7.10  METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 
  7.11  sections 152.022, subdivision 1, 152.023, subdivision 1, and 
  7.12  152.024, subdivision 1, a person is guilty of controlled 
  7.13  substance crime in the first degree if the person manufactures 
  7.14  any amount of methamphetamine. 
  7.15     (b) Notwithstanding paragraph (a) and section 609.17, A 
  7.16  person is guilty of attempted manufacture of methamphetamine a 
  7.17  crime if the person possesses any chemical reagents or 
  7.18  precursors with the intent to manufacture methamphetamine.  As 
  7.19  used in this section, "chemical reagents or precursors" refers 
  7.20  to one or more include, but are not limited to, any of the 
  7.21  following substances, or their salts, isomers, and salts of 
  7.22  isomers: 
  7.23     (1) ephedrine; 
  7.24     (2) pseudoephedrine; 
  7.25     (3) phenyl-2-propanone; 
  7.26     (4) phenylacetone; 
  7.27     (5) anhydrous ammonia, as defined in section 18C.005, 
  7.28  subdivision 1a; 
  7.29     (6) organic solvents; 
  7.30     (7) hydrochloric acid; 
  7.31     (8) lithium metal; 
  7.32     (9) sodium metal; 
  7.33     (10) ether; 
  7.34     (11) sulfuric acid; 
  7.35     (12) red phosphorus; 
  7.36     (13) iodine; 
  8.1      (14) sodium hydroxide; 
  8.2      (15) benzaldehyde; 
  8.3      (16) benzyl methyl ketone; 
  8.4      (17) benzyl cyanide; 
  8.5      (18) nitroethane; 
  8.6      (19) methylamine; 
  8.7      (20) phenylacetic acid; 
  8.8      (21) hydriodic acid; or 
  8.9      (22) hydriotic acid. 
  8.10     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  8.11  and applies to crimes committed on or after that date. 
  8.12     Sec. 6.  Minnesota Statutes 2004, section 152.021, 
  8.13  subdivision 3, is amended to read: 
  8.14     Subd. 3.  [PENALTY.] (a) A person convicted under 
  8.15  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
  8.16  imprisonment for not more than 30 years or to payment of a fine 
  8.17  of not more than $1,000,000, or both; a person convicted under 
  8.18  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
  8.19  for not more than three ten years or to payment of a fine of not 
  8.20  more than $5,000 $20,000, or both. 
  8.21     (b) If the conviction is a subsequent controlled substance 
  8.22  conviction, a person convicted under subdivisions 1 to 2a, 
  8.23  paragraph (a), shall be committed to the commissioner of 
  8.24  corrections for not less than four years nor more than 40 years 
  8.25  and, in addition, may be sentenced to payment of a fine of not 
  8.26  more than $1,000,000; a person convicted under subdivision 2a, 
  8.27  paragraph (b), may be sentenced to imprisonment for not more 
  8.28  than four 15 years or to payment of a fine of not more than 
  8.29  $5,000 $30,000, or both.  
  8.30     (c) In a prosecution under subdivision 1 involving sales by 
  8.31  the same person in two or more counties within a 90-day period, 
  8.32  the person may be prosecuted for all of the sales in any county 
  8.33  in which one of the sales occurred.  
  8.34     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  8.35  and applies to crimes committed on or after that date. 
  8.36     Sec. 7.  Minnesota Statutes 2004, section 152.027, 
  9.1   subdivision 1, is amended to read: 
  9.2      Subdivision 1.  [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  9.3   Except as provided in section 152.02, subdivision 6, a person 
  9.4   who unlawfully sells one or more mixtures containing a 
  9.5   controlled substance classified in schedule V may be sentenced 
  9.6   to imprisonment for not more than one year or to payment of a 
  9.7   fine of not more than $3,000, or both. 
  9.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  9.9   and applies to crimes committed on or after that date.  
  9.10     Sec. 8.  Minnesota Statutes 2004, section 152.027, 
  9.11  subdivision 2, is amended to read: 
  9.12     Subd. 2.  [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.] 
  9.13  Except as provided in section 152.02, subdivision 6, a person 
  9.14  who unlawfully possesses one or more mixtures containing a 
  9.15  controlled substance classified in schedule V may be sentenced 
  9.16  to imprisonment for not more than one year or to payment of a 
  9.17  fine of not more than $3,000, or both.  The court may order that 
  9.18  a person who is convicted under this subdivision and placed on 
  9.19  probation be required to take part in a drug education program 
  9.20  as specified by the court. 
  9.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  9.22  and applies to crimes committed on or after that date. 
  9.23     Sec. 9.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
  9.24  RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 
  9.25     Subdivision 1.  [RESTITUTION.] (a) As used in this 
  9.26  subdivision: 
  9.27     (1) "clandestine lab site" means any structure or 
  9.28  conveyance or outdoor location occupied or affected by 
  9.29  conditions or chemicals typically associated with the 
  9.30  manufacturing of methamphetamine; 
  9.31     (2) "emergency response" includes, but is not limited to, 
  9.32  removing and collecting evidence, securing the site, removal, 
  9.33  remediation, and hazardous chemical assessment or inspection of 
  9.34  the site where the relevant offense or offenses took place, 
  9.35  regardless of whether these actions are performed by the public 
  9.36  entities themselves or by private contractors paid by the public 
 10.1   entities, or the property owner; 
 10.2      (3) "remediation" means proper cleanup, treatment, or 
 10.3   containment of hazardous substances or methamphetamine at or in 
 10.4   a clandestine lab site, and may include demolition or disposal 
 10.5   of structures or other property when an assessment so indicates; 
 10.6   and 
 10.7      (4) "removal" means the removal from the clandestine lab 
 10.8   site of precursor or waste chemicals, chemical containers, or 
 10.9   equipment associated with the manufacture, packaging, or storage 
 10.10  of illegal drugs. 
 10.11     (b) A court shall require a person convicted of 
 10.12  manufacturing or attempting to manufacture a controlled 
 10.13  substance or of an illegal activity involving a precursor 
 10.14  substance, where the response to the crime involved an emergency 
 10.15  response, to pay restitution to all public entities that 
 10.16  participated in the response.  The restitution ordered must 
 10.17  cover the reasonable costs of their participation in the 
 10.18  response.  
 10.19     (c) In addition to the restitution required in paragraph 
 10.20  (b), a court shall require a person convicted of manufacturing 
 10.21  or attempting to manufacture a controlled substance or of 
 10.22  illegal activity involving a precursor substance to pay 
 10.23  restitution to a property owner who incurred removal or 
 10.24  remediation costs because of the crime. 
 10.25     (d) Notwithstanding paragraphs (b) and (c), if the court 
 10.26  finds that payment of the restitution would create undue 
 10.27  hardship for the convicted person's immediate family, the court 
 10.28  may reduce the amount of restitution to an appropriate level.  
 10.29  If the court finds that the convicted person is indigent, there 
 10.30  is a presumption that restitution is waived. 
 10.31     Subd. 2.  [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 
 10.32  SITE.] (a) As used in this subdivision: 
 10.33     (1) "clandestine lab site" has the meaning given in 
 10.34  subdivision 1, paragraph (a); 
 10.35     (2) "property" means publicly or privately owned real 
 10.36  property including buildings and other structures, motor 
 11.1   vehicles as defined in section 609.487, subdivision 2a, public 
 11.2   waters, and public rights-of-way; 
 11.3      (3) "remediation" has the meaning given in subdivision 1, 
 11.4   paragraph (a); and 
 11.5      (4) "removal" has the meaning given in subdivision 1, 
 11.6   paragraph (a).  
 11.7      (b) A peace officer who arrests a person at a clandestine 
 11.8   lab site shall notify the appropriate county or local health 
 11.9   department, state duty officer, and child protection services of 
 11.10  the arrest and the location of the site.  
 11.11     (c) A county or local health department or sheriff shall 
 11.12  order that any property or portion of a property that has been 
 11.13  found to be a clandestine lab site and contaminated by 
 11.14  substances, chemicals, or items of any kind used in the 
 11.15  manufacture of methamphetamine or any part of the manufacturing 
 11.16  process, or the by-products or degradates of manufacturing 
 11.17  methamphetamine be prohibited from being occupied or used until 
 11.18  it has been assessed and remediated as provided in the 
 11.19  Department of Health's clandestine drug labs general cleanup 
 11.20  guidelines.  The remediation shall be accomplished by a 
 11.21  contractor who will make the verification required under 
 11.22  paragraph (e).  
 11.23     (d) Unless clearly inapplicable, the procedures specified 
 11.24  in chapter 145A and any related rules adopted under that chapter 
 11.25  addressing the enforcement of public health laws, the removal 
 11.26  and abatement of public health nuisances, and the remedies 
 11.27  available to property owners or occupants apply to this 
 11.28  subdivision.  
 11.29     (e) Upon the proper removal and remediation of any property 
 11.30  used as a clandestine lab site, the contractor shall verify to 
 11.31  the property owner and the applicable authority that issued the 
 11.32  order under paragraph (c) that the work was completed according 
 11.33  to the Department of Health's clandestine drug labs general 
 11.34  cleanup guidelines and best practices and that levels of 
 11.35  contamination have been reduced to levels set forth in the 
 11.36  guidelines.  The contractor shall provide the verification to 
 12.1   the property owner and the applicable authority within five days 
 12.2   from the completion of the remediation.  Following this, the 
 12.3   applicable authority shall vacate its order.  
 12.4   If a contractor issues a verification and the property was not 
 12.5   remediated according to the Department of Health's clandestine 
 12.6   drug labs general cleanup guidelines or the levels of 
 12.7   contamination were not reduced to levels set forth in the 
 12.8   guidelines, the contractor is liable to the property owner for 
 12.9   the additional costs relating to the proper remediation of the 
 12.10  property according to the guidelines and reducing the levels of 
 12.11  contamination to levels set in the guidelines and for reasonable 
 12.12  attorney fees for collection of costs by the property owner.  An 
 12.13  action under this paragraph must be commenced within six years 
 12.14  from the date on which the verification was issued by the 
 12.15  contractor. 
 12.16     (f) If the applicable authority determines under paragraph 
 12.17  (c) that a motor vehicle has been contaminated by substances, 
 12.18  chemicals, or items of any kind used in the manufacture of 
 12.19  methamphetamine or any part of the manufacturing process, or the 
 12.20  by-products or degradates of manufacturing methamphetamine and 
 12.21  if the authority is able to obtain the certificate of title for 
 12.22  the motor vehicle, the authority shall notify the registrar of 
 12.23  motor vehicles of this fact and in addition, forward the 
 12.24  certificate of title to the registrar.  The authority shall also 
 12.25  notify the registrar when it vacates its order under paragraph 
 12.26  (e). 
 12.27     (g) The applicable authority issuing an order under 
 12.28  paragraph (c) shall record with the county recorder or registrar 
 12.29  of titles of the county where the clandestine lab is located an 
 12.30  affidavit containing the name of the owner, a legal description 
 12.31  of the property where the clandestine lab was located, and a map 
 12.32  drawn from available information showing the boundary of the 
 12.33  property and the location of the contaminated area on the 
 12.34  property that is prohibited from being occupied or used that 
 12.35  discloses to any potential transferee: 
 12.36     (1) that the property, or portion of the property, was the 
 13.1   site of a clandestine lab; 
 13.2      (2) the location, condition, and circumstances of the 
 13.3   clandestine lab, to the full extent known or reasonably 
 13.4   ascertainable; and 
 13.5      (3) that the use of the property or some portion of it may 
 13.6   be restricted as provided by paragraph (c). 
 13.7   If an inaccurate drawing or description is filed, the authority, 
 13.8   on request of the owner or another interested person, shall file 
 13.9   a supplemental affidavit with a corrected drawing or description.
 13.10  If the authority vacates its order under paragraph (e), the 
 13.11  authority shall record an affidavit that contains the recording 
 13.12  information of the above affidavit and states that the order is 
 13.13  vacated.  Upon filing the affidavit vacating the order, the 
 13.14  affidavit and the affidavit filed under this paragraph, together 
 13.15  with the information set forth in the affidavits, cease to 
 13.16  constitute either actual or constructive notice. 
 13.17     (h) If proper removal and remediation has occurred on the 
 13.18  property, an interested party may record an affidavit indicating 
 13.19  that this has occurred.  Upon filing the affidavit described in 
 13.20  this paragraph, the affidavit and the affidavit filed under 
 13.21  paragraph (g), together with the information set forth in the 
 13.22  affidavits, cease to constitute either actual or constructive 
 13.23  notice.  Failure to record an affidavit under this section does 
 13.24  not affect or prevent any transfer of ownership of the property. 
 13.25     (i) The county recorder or registrar of titles must record 
 13.26  all affidavits presented under paragraph (g) or (h) in a manner 
 13.27  that assures their disclosure in the ordinary course of a title 
 13.28  search of the subject property.  
 13.29     (j) The commissioner of health shall post on the Internet 
 13.30  contact information for each local community health services 
 13.31  administrator.  
 13.32     (k) Each local community health services administrator 
 13.33  shall maintain information related to property within the 
 13.34  administrator's jurisdiction that is currently or was previously 
 13.35  subject to an order issued under paragraph (c).  The information 
 13.36  maintained must include the name of the owner, the location of 
 14.1   the property, the extent of the contamination, the status of the 
 14.2   removal and remediation work on the property, and whether the 
 14.3   order has been vacated.  The administrator shall make this 
 14.4   information available to the public either upon request or by 
 14.5   other means. 
 14.6      (l) Before signing an agreement to sell or transfer real 
 14.7   property, the seller or transferor must disclose in writing to 
 14.8   the buyer or transferee if, to the seller's or transferor's 
 14.9   knowledge, methamphetamine production has or has not occurred on 
 14.10  the property.  In the event that methamphetamine production has 
 14.11  occurred on the property, the disclosure shall include a 
 14.12  statement to the buyer or transferee that: 
 14.13     (1) there is or is not an order issued on the property as 
 14.14  described in paragraph (c); 
 14.15     (2) whether or not any orders issued against the property 
 14.16  as described in paragraph (c) have been vacated as described in 
 14.17  paragraph (i); or 
 14.18     (3) if there was no order issued against the property and 
 14.19  the seller or transferor is aware that methamphetamine 
 14.20  production has occurred on the property, the seller or 
 14.21  transferor shall disclose the status of removal and remediation 
 14.22  on the property. 
 14.23     Unless the buyer or transferee and seller or transferor 
 14.24  agree to the contrary in writing before the closing of the sale, 
 14.25  a seller or transferor who fails to disclose, to the best of 
 14.26  their knowledge, at the time of the sale any of the facts 
 14.27  required above, and who knew or had reason to know of 
 14.28  methamphetamine production on the property, is liable to the 
 14.29  buyer or transferee for costs relating to remediation of the 
 14.30  property according to the Department of Health's clandestine 
 14.31  drug labs general cleanup guidelines and best practices and that 
 14.32  levels of contamination have been reduced to levels set forth in 
 14.33  the guidelines and for reasonable attorney fees for collection 
 14.34  of costs from the seller or transferor.  An action under this 
 14.35  subdivision must be commenced within two years after the date on 
 14.36  which the buyer or transferee closed the purchase or transfer of 
 15.1   the real property where the methamphetamine production occurred. 
 15.2      [EFFECTIVE DATE.] This section is effective January 1, 
 15.3   2006, and applies to crimes committed on or after that date. 
 15.4      Sec. 10.  Minnesota Statutes 2004, section 152.0974, is 
 15.5   amended to read: 
 15.6      152.0974 [EXCEPTIONS.] 
 15.7      Sections 152.0971 to 152.0974 do not apply to: 
 15.8      (1) a pharmacist or other authorized person who sells or 
 15.9   furnishes a precursor substance on the prescription of a 
 15.10  physician, dentist, podiatrist, or veterinarian; 
 15.11     (2) a physician, dentist, podiatrist, or veterinarian who 
 15.12  administers or furnishes a precursor substance to patients; 
 15.13     (3) a manufacturer or wholesaler licensed by the state 
 15.14  Board of Pharmacy who sells, transfers, or otherwise furnishes a 
 15.15  precursor substance to a licensed pharmacy, physician, dentist, 
 15.16  podiatrist, or veterinarian; or 
 15.17     (4) the furnishing or receipt of a drug that contains 
 15.18  ephedrine, pseudoephedrine, norpseudoephedrine, or 
 15.19  phenylpropanolamine and is lawfully furnished over the counter 
 15.20  without a prescription under the federal Food, Drug, and 
 15.21  Cosmetic Act, United States Code, title 21, chapter 9, or 
 15.22  regulations adopted under that act; or 
 15.23     (5) the furnishing or receipt of a methamphetamine 
 15.24  precursor drug listed in section 152.135, subdivision 2. 
 15.25     [EFFECTIVE DATE.] This section is effective August 1, 2006, 
 15.26  and applies to crimes committed on or after that date. 
 15.27     Sec. 11.  Minnesota Statutes 2004, section 152.135, is 
 15.28  amended to read: 
 15.29     152.135 [RESTRICTIONS ON SALES, MARKETING, AND POSSESSION 
 15.30  OF EPHEDRINE METHAMPHETAMINE PRECURSOR DRUGS.] 
 15.31     Subdivision 1.  [DEFINITIONS.] As used in this chapter, the 
 15.32  following terms have the meanings given: 
 15.33     (1) "methamphetamine precursor drug" means any compound, 
 15.34  mixture, or preparation containing ephedrine or pseudoephedrine 
 15.35  as its sole active ingredient or as one of its active 
 15.36  ingredients; and 
 16.1      (2) "over-the-counter sale" means a retail sale of a drug 
 16.2   or product but does not include the sale of a drug or product 
 16.3   pursuant to the terms of a valid prescription or by a licensed 
 16.4   veterinarian. 
 16.5      Subd. 1a.  [PRESCRIPTION STATUS FOR EPHEDRINE.] Except as 
 16.6   provided in this section, a material, compound, mixture, or 
 16.7   preparation that contains any quantity of ephedrine, a salt of 
 16.8   ephedrine, an optical isomer of ephedrine, or a salt of an 
 16.9   optical isomer of ephedrine, no person may sell in an 
 16.10  over-the-counter sale any amount of a methamphetamine precursor 
 16.11  drug.  A methamphetamine precursor drug may be dispensed only 
 16.12  upon the prescription of a duly licensed practitioner authorized 
 16.13  by the laws of the state to prescribe prescription drugs. 
 16.14     Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
 16.15  ephedrine, its salts, optical isomers, and salts of optical 
 16.16  isomers is exempt from subdivision 1 if the drug product: 
 16.17     (1) may be lawfully sold over the counter without a 
 16.18  prescription under the federal Food, Drug, and Cosmetic Act, 
 16.19  United States Code, title 21, section 321, et seq.; 
 16.20     (2) is labeled and marketed in a manner consistent with the 
 16.21  pertinent OTC Tentative Final or Final Monograph; 
 16.22     (3) is manufactured and distributed for legitimate 
 16.23  medicinal use in a manner that reduces or eliminates the 
 16.24  likelihood of abuse; 
 16.25     (4) is not marketed, advertised, or labeled for the 
 16.26  indication of stimulation, mental alertness, weight loss, muscle 
 16.27  enhancement, appetite control, or energy; and 
 16.28     (5) is in solid oral dosage forms, including soft gelatin 
 16.29  caplets, that combine 400 milligrams of guaifenesin and 25 
 16.30  milligrams of ephedrine per dose, according to label 
 16.31  instructions; or is an anorectal preparation containing not more 
 16.32  than five percent ephedrine. 
 16.33     (b) Subdivisions 1 and 3 shall not apply to products 
 16.34  containing ephedra or ma huang and lawfully marketed as dietary 
 16.35  supplements under federal law.  Subdivision 1a does not apply to:
 16.36     (1) pediatric products labeled pursuant to federal 
 17.1   regulation primarily intended for administration to children 
 17.2   under 12 years of age according to label instructions; 
 17.3      (2) methamphetamine precursor drugs that are certified by 
 17.4   the Board of Pharmacy as being manufactured in a manner that 
 17.5   prevents the drug from being used to manufacture 
 17.6   methamphetamine; or 
 17.7      (3) methamphetamine precursor drugs in gel capsule or 
 17.8   liquid form. 
 17.9      (b) The Board of Pharmacy shall certify methamphetamine 
 17.10  precursor drugs that meet the requirements of paragraph (a), 
 17.11  clause (2), and publish an annual listing of these drugs.  
 17.12     Subd. 5.  [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is 
 17.13  unlawful for a person to sell, distribute, or otherwise make 
 17.14  available a product containing ephedrine, pseudoephedrine, or 
 17.15  phenylpropanolamine or their salts, optical isomers, or salts of 
 17.16  optical isomers if the person knows or reasonably should know 
 17.17  that the product will be used as a precursor to an illegal 
 17.18  substance. 
 17.19     Subd. 6.  [PENALTY.] A person who violates this section is 
 17.20  guilty of a misdemeanor. 
 17.21     [EFFECTIVE DATE.] This section is effective August 1, 2006, 
 17.22  and applies to crimes committed on or after that date. 
 17.23     Sec. 12.  [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
 17.24  CRIMINAL PENALTIES; CIVIL LIABILITY.] 
 17.25     Subdivision 1.  [DEFINITIONS.] As used in this section, 
 17.26  "tamper" means action taken by a person not authorized to take 
 17.27  that action by law or by the owner or authorized custodian of an 
 17.28  anhydrous ammonia container or of equipment where anhydrous 
 17.29  ammonia is used, stored, distributed, or transported. 
 17.30     Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
 17.31     (1) steal or unlawfully take or carry away any amount of 
 17.32  anhydrous ammonia; 
 17.33     (2) purchase, possess, transfer, or distribute any amount 
 17.34  of anhydrous ammonia, knowing, or having reason to know, that it 
 17.35  will be used to unlawfully manufacture a controlled substance; 
 17.36     (3) place, have placed, or possess anhydrous ammonia in a 
 18.1   container that is not designed, constructed, maintained, and 
 18.2   authorized to contain or transport anhydrous ammonia; 
 18.3      (4) transport anhydrous ammonia in a container that is not 
 18.4   designed, constructed, maintained, and authorized to transport 
 18.5   anhydrous ammonia; 
 18.6      (5) use, deliver, receive, sell, or transport a container 
 18.7   designed and constructed to contain anhydrous ammonia without 
 18.8   the express consent of the owner or authorized custodian of the 
 18.9   container; or 
 18.10     (6) tamper with any equipment or facility used to contain, 
 18.11  store, or transport anhydrous ammonia.  
 18.12     (b) For the purposes of this subdivision, containers 
 18.13  designed and constructed for the storage and transport of 
 18.14  anhydrous ammonia are described in rules adopted under section 
 18.15  18C.121, subdivision 1, or in Code of Federal Regulations, title 
 18.16  49.  
 18.17     Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
 18.18  paragraph (b), a person tampering with anhydrous ammonia 
 18.19  containers or equipment under subdivision 2 shall have no cause 
 18.20  of action for damages arising out of the tampering against: 
 18.21     (1) the owner or lawful custodian of the container or 
 18.22  equipment; 
 18.23     (2) a person responsible for the installation or 
 18.24  maintenance of the container or equipment; or 
 18.25     (3) a person lawfully selling or offering for sale the 
 18.26  anhydrous ammonia.  
 18.27     (b) Paragraph (a) does not apply to a cause of action 
 18.28  against a person who unlawfully obtained the anhydrous ammonia 
 18.29  or anhydrous ammonia container or who possesses the anhydrous 
 18.30  ammonia or anhydrous ammonia container for any unlawful purpose. 
 18.31     Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
 18.32  violates subdivision 2 is guilty of a felony and may be 
 18.33  sentenced to imprisonment for not more than five years or to 
 18.34  payment of a fine of not more than $50,000, or both.  
 18.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 18.36  and applies to crimes committed on or after that date. 
 19.1      Sec. 13.  [152.137] [METHAMPHETAMINE-RELATED CRIMES 
 19.2   INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
 19.3      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 19.4   the following terms have the meanings given. 
 19.5      (b) "Chemical substance" means a substance intended to be 
 19.6   used as a precursor in the manufacture of methamphetamine or any 
 19.7   other chemical intended to be used in the manufacture of 
 19.8   methamphetamine. 
 19.9      (c) "Child" means any person under the age of 18 years. 
 19.10     (d) "Methamphetamine paraphernalia" means all equipment, 
 19.11  products, and materials of any kind that are used, intended for 
 19.12  use, or designed for use in manufacturing, injecting, ingesting, 
 19.13  inhaling, or otherwise introducing methamphetamine into the 
 19.14  human body. 
 19.15     (e) "Methamphetamine waste products" means substances, 
 19.16  chemicals, or items of any kind used in the manufacture of 
 19.17  methamphetamine or any part of the manufacturing process, or the 
 19.18  by-products or degradates of manufacturing methamphetamine.  
 19.19     (f) "Vulnerable adult" has the meaning given in section 
 19.20  609.232, subdivision 11. 
 19.21     Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
 19.22  engage in any of the following activities in the presence of a 
 19.23  child or vulnerable adult; in the residence of a child or a 
 19.24  vulnerable adult; in a building, structure, conveyance, or 
 19.25  outdoor location where a child or vulnerable adult might 
 19.26  reasonably be expected to be present; in a room offered to the 
 19.27  public for overnight accommodation; or in any multiple unit 
 19.28  residential building: 
 19.29     (1) manufacturing or attempting to manufacture 
 19.30  methamphetamine; 
 19.31     (2) storing any chemical substance; 
 19.32     (3) storing any methamphetamine waste products; or 
 19.33     (4) storing any methamphetamine paraphernalia. 
 19.34     (b) No person may knowingly cause or permit a child or 
 19.35  vulnerable adult to inhale, be exposed to, have contact with, or 
 19.36  ingest methamphetamine, a chemical substance, or methamphetamine 
 20.1   paraphernalia. 
 20.2      Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 20.3   subdivision 2 is guilty of a felony and may be sentenced to 
 20.4   imprisonment for not more than five years or to payment of a 
 20.5   fine of not more than $10,000, or both. 
 20.6      Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
 20.7   609.035 and 609.04, a prosecution for or conviction under this 
 20.8   section is not a bar to conviction of or punishment for any 
 20.9   other crime committed by the defendant as part of the same 
 20.10  conduct. 
 20.11     Subd. 5.  [PROTECTIVE CUSTODY.] A peace officer may take 
 20.12  any child present in an area where any of the activities 
 20.13  described in subdivision 2, paragraph (a), clauses (1) to (4), 
 20.14  are taking place into protective custody in accordance with 
 20.15  section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
 20.16  child taken into protective custody under this subdivision shall 
 20.17  be provided health screening to assess potential health concerns 
 20.18  related to methamphetamine as provided in section 260C.188.  A 
 20.19  child not taken into protective custody under this subdivision 
 20.20  but who is known to have been exposed to methamphetamine shall 
 20.21  be offered health screening for potential health concerns 
 20.22  related to methamphetamine as provided in section 260C.188. 
 20.23     Subd. 6.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 
 20.24  A peace officer shall make a report of suspected maltreatment of 
 20.25  a vulnerable adult if the vulnerable adult is present in an area 
 20.26  where any of the activities described in subdivision 2, 
 20.27  paragraph (a), clauses (1) to (4), are taking place, and the 
 20.28  peace officer has reason to believe the vulnerable adult 
 20.29  inhaled, was exposed to, had contact with, or ingested 
 20.30  methamphetamine, a chemical substance, or methamphetamine 
 20.31  paraphernalia.  The peace officer shall immediately report to 
 20.32  the county common entry point as described in section 626.557, 
 20.33  subdivision 9b.  
 20.34     (b) As required in section 626.557, subdivision 9b, law 
 20.35  enforcement is the primary agency to conduct investigations of 
 20.36  any incident when there is reason to believe a crime has been 
 21.1   committed.  Law enforcement shall initiate a response 
 21.2   immediately.  If the common entry point notified a county agency 
 21.3   for adult protective services, law enforcement shall cooperate 
 21.4   with that county agency when both agencies are involved and 
 21.5   shall exchange data to the extent authorized in section 626.557, 
 21.6   subdivision 12b, paragraph (g).  County adult protection shall 
 21.7   initiate a response immediately.  
 21.8      (c) The county social services agency shall immediately 
 21.9   respond as required in section 626.557, subdivision 10, upon 
 21.10  receipt of a report from the common entry point staff. 
 21.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 21.12  and applies to crimes committed on or after that date. 
 21.13     Sec. 14.  Minnesota Statutes 2004, section 168A.05, 
 21.14  subdivision 3, is amended to read: 
 21.15     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
 21.16  title issued by the department shall contain: 
 21.17     (1) the date issued; 
 21.18     (2) the first, middle, and last names, the dates of birth, 
 21.19  and addresses of all owners who are natural persons, the full 
 21.20  names and addresses of all other owners; 
 21.21     (3) the names and addresses of any secured parties in the 
 21.22  order of priority as shown on the application, or if the 
 21.23  application is based on a certificate of title, as shown on the 
 21.24  certificate, or as otherwise determined by the department; 
 21.25     (4) any liens filed pursuant to a court order or by a 
 21.26  public agency responsible for child support enforcement against 
 21.27  the owner; 
 21.28     (5) the title number assigned to the vehicle; 
 21.29     (6) a description of the vehicle including, so far as the 
 21.30  following data exists, its make, model, year, identifying 
 21.31  number, type of body, whether new or used, and if a new vehicle, 
 21.32  the date of the first sale of the vehicle for use; 
 21.33     (7) with respect to motor vehicles subject to the 
 21.34  provisions of section 325E.15, the true cumulative mileage 
 21.35  registered on the odometer or that the actual mileage is unknown 
 21.36  if the odometer reading is known by the owner to be different 
 22.1   from the true mileage; 
 22.2      (8) with respect to vehicles subject to sections 325F.6641 
 22.3   and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
 22.4   "prior salvage," or "reconstructed"; and 
 22.5      (9) with respect to a vehicle contaminated by 
 22.6   methamphetamine production, if the registrar has received the 
 22.7   certificate of title and notice described in section 152.0275, 
 22.8   subdivision 2, paragraph (f), the term "hazardous waste 
 22.9   contaminated vehicle"; and 
 22.10     (10) any other data the department prescribes. 
 22.11     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 22.12     Sec. 15.  Minnesota Statutes 2004, section 260B.171, is 
 22.13  amended by adding a subdivision to read: 
 22.14     Subd. 9.  [NOTICE TO SCHOOL.] (a) As used in this 
 22.15  subdivision, the following terms have the meanings given.  
 22.16  "Chemical substance," "methamphetamine paraphernalia," and 
 22.17  "methamphetamine waste products" have the meanings given in 
 22.18  section 152.137, subdivision 1.  "School" means a charter school 
 22.19  or a school as defined in section 120A.22, subdivision 4, except 
 22.20  a home school.  
 22.21     (b) If a child has been taken into protective custody after 
 22.22  being found in an area where methamphetamine was being 
 22.23  manufactured or attempted to be manufactured or where any 
 22.24  chemical substances, methamphetamine paraphernalia, or 
 22.25  methamphetamine waste products were stored, and the child is 
 22.26  enrolled in school, the officer who took the child into custody 
 22.27  shall notify the chief administrative officer of the child's 
 22.28  school of this fact.  
 22.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 22.30  and applies to acts occurring on or after that date.  
 22.31     Sec. 16.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
 22.32  REVOLVING ACCOUNT.] 
 22.33     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 22.34     (1) "clandestine lab site" has the meaning given in section 
 22.35  152.0275, subdivision 1, paragraph (a); 
 22.36     (2) "property" has the meaning given in section 152.0275, 
 23.1   subdivision 2, paragraph (a), but does not include motor 
 23.2   vehicles; and 
 23.3      (3) "remediate" has the meaning given to remediation in 
 23.4   section 152.0275, subdivision 1, paragraph (a).  
 23.5      Subd. 2.  [ACCOUNT ESTABLISHED.] The authority shall 
 23.6   establish a methamphetamine laboratory cleanup revolving account 
 23.7   in the public facility authority fund to provide loans to 
 23.8   counties and cities to remediate clandestine lab sites.  The 
 23.9   account must be credited with repayments.  
 23.10     Subd. 3.  [APPLICATIONS.] Applications by a county or city 
 23.11  for a loan from the account must be made to the authority on the 
 23.12  forms prescribed by the authority.  The application must 
 23.13  include, but is not limited to:  
 23.14     (1) the amount of the loan requested and the proposed use 
 23.15  of the loan proceeds; 
 23.16     (2) the source of revenues to repay the loan; and 
 23.17     (3) certification by the county or city that it meets the 
 23.18  loan eligibility requirements of subdivision 4.  
 23.19     Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
 23.20  for a loan under this section if the county or city: 
 23.21     (1) identifies a site or sites designated by a local public 
 23.22  health department or law enforcement as a clandestine lab site; 
 23.23     (2) has required the site's property owner to remediate the 
 23.24  site at cost, under a local public health nuisance ordinance 
 23.25  that addresses clandestine lab remediation; 
 23.26     (3) certifies that the property owner cannot pay for the 
 23.27  remediation immediately; 
 23.28     (4) certifies that the property owner has not properly 
 23.29  remediated the site; and 
 23.30     (5) issues a revenue bond, secured as provided in 
 23.31  subdivision 8, payable to the authority to secure the loan.  
 23.32     Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
 23.33  OWNER.] (a) A loan recipient shall use the loan to remediate the 
 23.34  clandestine lab site or if this has already been done to 
 23.35  reimburse the applicable county or city fund for costs paid by 
 23.36  the recipient to remediate the clandestine lab site.  
 24.1      (b) A loan recipient shall seek reimbursement from the 
 24.2   owner of the property containing the clandestine lab site for 
 24.3   the costs of the remediation.  In addition to other lawful means 
 24.4   of seeking reimbursement, the loan recipient may recover its 
 24.5   costs through a property tax assessment by following the 
 24.6   procedures specified in section 145A.08, subdivision 2, 
 24.7   paragraph (c).  
 24.8      (c) A mortgagee is not responsible for cleanup costs under 
 24.9   this section solely because the mortgagee becomes an owner of 
 24.10  real property through foreclosure of the mortgage or by receipt 
 24.11  of the deed to the mortgaged property in lieu of foreclosure. 
 24.12     Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
 24.13  shall award loans to recipients on a first-come, first-served 
 24.14  basis, provided that the recipient is able to comply with the 
 24.15  terms and conditions of the authority loan, which must be in 
 24.16  conformance with this section.  The authority shall make a 
 24.17  single disbursement of the loan upon receipt of a payment 
 24.18  request that includes a list of remediation expenses and 
 24.19  evidence that a second-party sampling was undertaken to ensure 
 24.20  that the remediation work was successful or a guarantee that 
 24.21  such a sampling will be undertaken.  
 24.22     Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
 24.23  loans from the revolving account, the authority shall comply 
 24.24  with the criteria in paragraphs (b) to (e).  
 24.25     (b) Loans must be made at a two percent per annum interest 
 24.26  rate for terms not to exceed ten years unless the recipient 
 24.27  requests a 20-year term due to financial hardship. 
 24.28     (c) The annual principal and interest payments must begin 
 24.29  no later than one year after completion of the clean up.  Loans 
 24.30  must be amortized no later than 20 years after completion of the 
 24.31  clean up.  
 24.32     (d) A loan recipient must identify and establish a source 
 24.33  of revenue for repayment of the loan and must undertake whatever 
 24.34  steps are necessary to collect payments within one year of 
 24.35  receipt of funds from the authority.  
 24.36     (e) The account must be credited with all payments of 
 25.1   principal and interest on all loans, except the costs as 
 25.2   permitted under section 446A.04, subdivision 5, paragraph (a). 
 25.3      (f) Loans must be made only to recipients with clandestine 
 25.4   lab ordinances that address remediation.  
 25.5      Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
 25.6   may incur debt under this section by resolution of the board or 
 25.7   council authorizing issuance of a revenue bond to the 
 25.8   authority.  The county or city may secure and pay the revenue 
 25.9   bond only with proceeds derived from the property containing the 
 25.10  clandestine lab site, including assessments and charges under 
 25.11  section 145A.08, subdivision 2, paragraph (c), payments by the 
 25.12  property owner, or similar revenues. 
 25.13     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
 25.14     Sec. 17.  Minnesota Statutes 2004, section 609.1095, 
 25.15  subdivision 1, is amended to read: 
 25.16     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 25.17  the following terms have the meanings given.  
 25.18     (b) "Conviction" means any of the following accepted and 
 25.19  recorded by the court:  a plea of guilty, a verdict of guilty by 
 25.20  a jury, or a finding of guilty by the court.  The term includes 
 25.21  a conviction by any court in Minnesota or another jurisdiction.  
 25.22     (c) "Prior conviction" means a conviction that occurred 
 25.23  before the offender committed the next felony resulting in a 
 25.24  conviction and before the offense for which the offender is 
 25.25  being sentenced under this section. 
 25.26     (d) "Violent crime" means a violation of or an attempt or 
 25.27  conspiracy to violate any of the following laws of this state or 
 25.28  any similar laws of the United States or any other state:  
 25.29  section sections 152.137; 609.165; 609.185; 609.19; 609.195; 
 25.30  609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
 25.31  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
 25.32  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
 25.33  609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
 25.34  609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
 25.35  1e; 609.687; and 609.855, subdivision 5; any provision of 
 25.36  sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 
 26.1   punishable by a felony penalty; or any provision of chapter 152 
 26.2   that is punishable by a maximum sentence of 15 years or more. 
 26.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 26.4   and applies to crimes committed on or after that date. 
 26.5      Sec. 18.  [REVISOR'S INSTRUCTION.] 
 26.6      The revisor of statutes shall recodify the provisions of 
 26.7   Minnesota Statutes, section 152.021, subdivision 2a, paragraph 
 26.8   (b), and subdivision 3, as amended by this act, that relate to 
 26.9   the possession of chemical reagents or precursors with the 
 26.10  intent to manufacture methamphetamine and the penalties for 
 26.11  doing this into a new section of law codified as Minnesota 
 26.12  Statutes, section 152.0262.  The revisor shall make any 
 26.13  necessary technical changes, including, but not limited to, 
 26.14  changes to statutory cross-references, to Minnesota Statutes, 
 26.15  section 152.021, and any other statutory sections to accomplish 
 26.16  this.  
 26.17     Sec. 19.  [REPEALER.] 
 26.18     Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 
 26.19  and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
 26.20  5, are repealed. 
 26.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 26.22  and applies to crimes committed on or after that date.  
 26.23                             ARTICLE 2 
 26.24                   METHAMPHETAMINE APPROPRIATIONS 
 26.25  Section 1.  [TOTAL APPROPRIATIONS.] 
 26.26     The dollar amounts in the columns under "APPROPRIATIONS" 
 26.27  are appropriated to the specified agencies for the purposes 
 26.28  specified.  The appropriations are from the general fund and are 
 26.29  available for the fiscal years indicated for each purpose.  The 
 26.30  figures "2006" and "2007" used in this article mean that the 
 26.31  addition to or subtraction from the appropriations listed under 
 26.32  the figure is for the fiscal years ending June 30, 2006, and 
 26.33  June 30, 2007, respectively. 
 26.34                              SUMMARY 
 26.35                            2006          2007           TOTAL
 26.36  GENERAL            $    2,431,000 $    2,776,000 $    5,207,000
 27.1                                              APPROPRIATIONS 
 27.2                                          Available for the Year 
 27.3                                              Ending June 30 
 27.4                                             2006         2007 
 27.5   Sec. 2.  CORRECTIONS              $      351,000 $      551,000 
 27.6   For the increased prison 
 27.7   population based on this act. 
 27.8   Sec. 3.  BOARD OF PUBLIC DEFENSE         300,000        400,000
 27.9   For a methamphetamine trial team.  
 27.10  Sec. 4.  HUMAN SERVICES                  300,000        300,000
 27.11  For grants to counties to fund three 
 27.12  pilot projects addressing 
 27.13  methamphetamine.  
 27.14  A county seeking a grant under this 
 27.15  section shall submit a detailed 
 27.16  application to the commissioner that 
 27.17  specifies how the money will be used.  
 27.18  The application must demonstrate a 
 27.19  comprehensive countywide plan to combat 
 27.20  methamphetamine.  At a minimum, this 
 27.21  plan must address how the county will 
 27.22  handle:  (1) methamphetamine-related 
 27.23  child endangerment cases; (2) 
 27.24  methamphetamine-related cleanup and 
 27.25  remediation; (3) enforcing 
 27.26  methamphetamine-related criminal laws; 
 27.27  and (4) methamphetamine-related 
 27.28  treatment.  To the extent possible, the 
 27.29  commissioner shall ensure that one 
 27.30  pilot project has an emphasis on 
 27.31  adolescents and one has a 
 27.32  maternal/early childhood emphasis. 
 27.33  Sec. 5.  EMPLOYMENT AND     
 27.34  ECONOMIC DEVELOPMENT                     250,000        250,000
 27.35  To carry out the public facilities 
 27.36  authority's duties involving the 
 27.37  methamphetamine laboratory cleanup 
 27.38  revolving account under Minnesota 
 27.39  Statutes, section 446A.083.  This is a 
 27.40  onetime appropriation. 
 27.41  Sec. 6.  PUBLIC SAFETY                 1,000,000      1,000,000
 27.42  For ten Bureau of Criminal Apprehension 
 27.43  agents to be assigned exclusively to 
 27.44  methamphetamine enforcement, including 
 27.45  the investigation of manufacturing and 
 27.46  distributing methamphetamine and 
 27.47  related violence.  These appropriations 
 27.48  are intended to increase the current 
 27.49  allocation of Bureau of Criminal 
 27.50  Apprehension resources dedicated to 
 27.51  methamphetamine enforcement.  Positions 
 27.52  funded by these appropriations may not 
 27.53  supplant existing agent assignments or 
 27.54  positions. 
 27.55  $40,000 the first year is one-time 
 27.56  funding for a methamphetamine awareness 
 27.57  program. 
 27.58  Sec. 7.  HEALTH                          100,000        100,000
 28.1   To provide technical assistance on 
 28.2   methamphetamine lab remediation. 
 28.3   Sec. 8.  EDUCATION                        50,000         75,000
 28.4   To develop and distribute to school 
 28.5   districts materials addressing the 
 28.6   dangers of methamphetamine. 
 28.7   Sec. 9.  DISTRICT COURTS                  80,000        100,000
 28.8   This appropriation is to fund the 
 28.9   increase in district court 
 28.10  methamphetamine caseloads.