1.1 	A bill for an act
1.2 	relating to crime prevention; regulating the sale of
1.3 	methamphetamine precursor drugs; authorizing reporting
1.4 	of suspicious transactions involving these drugs and
1.5 	providing civil immunity for so doing; requiring a
1.6 	methamphetamine educational program for retailers;
1.7 	further regulating while recodifying activities
1.8 	involving anhydrous ammonia; requiring courts to order
1.9 	restitution in certain situations involving controlled
1.10 	substances; imposing property restrictions in certain
1.11 	situations involving controlled substances; increasing
1.12 	the criminal penalties for possessing certain
1.13 	substances with the intent to manufacture
1.14 	methamphetamine; establishing new
1.15 	methamphetamine-related crimes; expanding the
1.16 	definition of "violent crime" for mandatory sentencing
1.17 	purposes; requiring that vehicles and other property
1.18 	used to manufacture methamphetamine indicate this in
1.19 	the title or deed; establishing a methamphetamine
1.20 	laboratory cleanup revolving fund and authorizing
1.21 	loans to assist counties and cities in conducting
1.22 	methamphetamine cleanup; exempting certain substances
1.23 	from being classified as controlled substances under
1.24 	certain circumstances; exempting certain pediatric
1.25 	products labeled pursuant to federal regulation from
1.26 	law prohibiting sale of methamphetamine precursor
1.27 	drugs; authorizing taking a child into protective
1.28 	custody for health screening relating to
1.29 	methamphetamine; imposing criminal penalties;
1.30 	appropriating money; amending Minnesota Statutes 2004,
1.31 	sections 152.021, subdivisions 2a, 3; 152.135,
1.32 	subdivision 2; 168A.05, subdivision 3; 609.1095,
1.33 	subdivision 1; proposing coding for new law in
1.34 	Minnesota Statutes, chapters 152; 446A; repealing
1.35 	Minnesota Statutes 2004, sections 18C.005,
1.36 	subdivisions 1a, 35a; 18C.201, subdivisions 6, 7;
1.37 	18D.331, subdivision 5.
1.38 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.39 	Section 1. [152.015] GBL AND BDO.
1.40 	Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not
1.41 	controlled substances and are exempted from regulation under
2.1 	this chapter when:
2.2 	(1) intended for industrial use and not for human
2.3 	consumption; or 
2.4 	(2) occurring in a natural concentration and not the result
2.5 	of deliberate addition.

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

2.8 	Sec. 2. Minnesota Statutes 2004, section 152.021,
2.9 	subdivision 2a, is amended to read:
2.10 		Subd. 2a.methetamine manufacture crimes crime;
2.11 	possession of substances with intent to manufacture
2.12 	methamphetamine crime.  (a) Notwithstanding subdivision 1,
2.13 	sections 152.022, subdivision 1, 152.023, subdivision 1, and
2.14 	152.024, subdivision 1, a person is guilty of controlled
2.15 	substance crime in the first degree if the person manufactures
2.16 	any amount of methamphetamine.
2.17 	(b) Notwithstanding paragraph (a) and section 609.17,A
2.18 	person is guilty of attempted manufacture of methamphetamine a
2.19 	crime if the person possesses any chemical reagents or
2.20 	precursors with the intent to manufacture methamphetamine.  As
2.21 	used in this section, "chemical reagents or precursors" refers
2.22 	to one or more includes, but is not limited to, any of the
2.23 	following substances, or their salts, isomers, and salts of
2.24 	isomers:
2.25 	(1) ephedrine;
2.26 	(2) pseudoephedrine;
2.27 	(3) phenyl-2-propanone;
2.28 	(4) phenylacetone;
2.29 	(5) anhydrous ammonia, as defined in section 18C.005,
2.30 	subdivision 1a;
2.31 	(6) organic solvents;
2.32 	(7) hydrochloric acid;
2.33 	(8) lithium metal;
2.34 	(9) sodium metal;
2.35 	(10) ether;
2.36 	(11) sulfuric acid;
3.1 	(12) red phosphorus;
3.2 	(13) iodine;
3.3 	(14) sodium hydroxide;
3.4 	(15) benzaldehyde;
3.5 	(16) benzyl methyl ketone;
3.6 	(17) benzyl cyanide;
3.7 	(18) nitroethane;
3.8 	(19) methylamine;
3.9 	(20) phenylacetic acid;
3.10 	(21) hydriodic acid; or
3.11 	(22) hydriotic acid.
3.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.13 	and applies to crimes committed on or after that date.

3.14 	Sec. 3. Minnesota Statutes 2004, section 152.021,
3.15 	subdivision 3, is amended to read:
3.16 		Subd. 3.Penalty.  (a) A person convicted under
3.17 	subdivisions 1 to 2a, paragraph (a), may be sentenced to
3.18 	imprisonment for not more than 30 years or to payment of a fine
3.19 	of not more than $1,000,000, or both; a person convicted under
3.20 	subdivision 2a, paragraph (b), may be sentenced to imprisonment
3.21 	for not more than three ten years or to payment of a fine of not
3.22 	more than $5,000 $20,000, or both.
3.23 	(b) If the conviction is a subsequent controlled substance
3.24 	conviction, a person convicted under subdivisions 1 to 2a,
3.25 	paragraph (a), shall be committed to the commissioner of
3.26 	corrections for not less than four years nor more than 40 years
3.27 	and, in addition, may be sentenced to payment of a fine of not
3.28 	more than $1,000,000; a person convicted under subdivision 2a,
3.29 	paragraph (b), may be sentenced to imprisonment for not more
3.30 	than four 15 years or to payment of a fine of not more than
3.31 	$5,000 $30,000, or both.
3.32 	(c) In a prosecution under subdivision 1 involving sales by
3.33 	the same person in two or more counties within a 90-day period,
3.34 	the person may be prosecuted for all of the sales in any county
3.35 	in which one of the sales occurred.
3.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.1 	and applies to crimes committed on or after that date.

4.2 	Sec. 4. [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
4.3 	RESTITUTION; PROHIBITIONS ON PROPERTY USE.
4.4 		Subdivision 1.Restitution. (a) As used in this
4.5 	subdivision:
4.6 	(1) "clandestine lab site" means any structure or
4.7 	conveyance or outdoor location occupied or affected by
4.8 	conditions or chemicals, typically associated with a clandestine
4.9 	drug lab operation;
4.10 	(2) "emergency response" includes, but is not limited to,
4.11 	removing and collecting evidence, securing the site, removal,
4.12 	remediation, and hazardous chemical assessment or inspection of
4.13 	the site where the relevant offense or offenses took place,
4.14 	regardless of whether these actions are performed by the public
4.15 	entities themselves or by private contractors paid by the public
4.16 	entities, or the property owner;
4.17 	(3) "remediation" means proper cleanup, treatment, or
4.18 	containment of hazardous substances or methamphetamine at or in
4.19 	a clandestine lab site, and may include demolition or disposal
4.20 	of structures or other property when an assessment so indicates;
4.21 	and 
4.22 	(4) "removal" means the removal from the clandestine lab
4.23 	site of precursor or waste chemicals, chemical containers, or
4.24 	equipment associated with the manufacture, packaging, or storage
4.25 	of illegal drugs.
4.26 	(b) A court shall require a person convicted of
4.27 	manufacturing or attempting to manufacture a controlled
4.28 	substance or of an illegal activity involving a precursor
4.29 	substance, where the response to the crime involved an emergency
4.30 	response, to pay restitution to all public entities and property
4.31 	owners that participated in the response.  The restitution
4.32 	ordered must cover the reasonable costs of their participation
4.33 	in the response.
4.34 	(c) Notwithstanding paragraph (b), if the court finds that
4.35 	the convicted person is indigent or that payment of the
4.36 	restitution would create undue hardship for the convicted
5.1 	person's immediate family, the court may reduce the amount of
5.2 	restitution to an appropriate level.
5.3 		Subd. 2.Property-related prohibitions. (a) As used in
5.4 	this subdivision:
5.5 	(1) "clandestine lab site" has the meaning given in
5.6 	subdivision 1, paragraph (a);
5.7 	(2) "property" includes buildings and other structures, and
5.8 	motor vehicles as defined in section 609.487, subdivision 2a.
5.9 	Property also includes real property whether publicly or
5.10 	privately owned and public waters and rights-of-way;
5.11 	(3) "remediation" has the meaning given in subdivision 1,
5.12 	paragraph (a); and 
5.13 	(4) "removal" has the meaning given in subdivision 1,
5.14 	paragraph (a).
5.15 	(b) A peace officer who arrests a person at a clandestine
5.16 	lab site shall notify the appropriate county or local health
5.17 	department, state duty officer, and child protection services of
5.18 	the arrest and the location of the site.
5.19 	(c) A local unit of government or local health department
5.20 	or sheriff shall order that all property that has been found to
5.21 	be a clandestine lab site and contaminated by substances,
5.22 	chemicals, or items of any kind used in the manufacture of
5.23 	methamphetamine or any part of the manufacturing process, or the
5.24 	by-products or degradates of manufacturing methamphetamine be
5.25 	prohibited from being occupied, rented, sold, or used until it
5.26 	has been assessed and remediated as provided in the Department
5.27 	of Health's clandestine drug labs general cleanup guidelines.
5.28 	(d) Unless clearly inapplicable, the procedures specified
5.29 	in chapter 145A and any related rules adopted under that chapter
5.30 	addressing the enforcement of public health laws, the removal
5.31 	and abatement of public health nuisances, and the remedies
5.32 	available to property owners or occupants apply to this
5.33 	subdivision.
5.34 	(e) Upon the proper removal and remediation of any property
5.35 	used as a clandestine lab site, the contractor shall verify that
5.36 	the work was completed according to the Department of Health's
6.1 	clandestine drug labs general cleanup guidelines and best
6.2 	practices and that levels of contamination have been reduced to
6.3 	levels in the guidelines.  Following this, the applicable
6.4 	authority shall vacate its order issued under paragraph (c).
6.5 	(f) If the applicable authority determines under paragraph
6.6 	(c) that a motor vehicle has been contaminated by substances,
6.7 	chemicals, or items of any kind used in the manufacture of
6.8 	methamphetamine or any part of the manufacturing process, or the
6.9 	by-products or degradates of manufacturing methamphetamine and
6.10 	if the authority is able to obtain the certificate of title for
6.11 	the motor vehicle, the authority shall notify the registrar of
6.12 	motor vehicles of this fact and in addition forward the
6.13 	certificate of title to the registrar.  The authority shall also
6.14 	notify the registrar when it vacates its order under paragraph
6.15 	(e).
6.16 	
EFFECTIVE DATE. This section is effective August 1, 2005.

6.17 	Sec. 5. Minnesota Statutes 2004, section 152.135,
6.18 	subdivision 2, is amended to read:
6.19 		Subd. 2.Exceptions.  (a) A drug product containing
6.20 	ephedrine, its salts, optical isomers, and salts of optical
6.21 	isomers is exempt from subdivision 1 if the drug product:
6.22 	(1) may be lawfully sold over the counter without a
6.23 	prescription under the federal Food, Drug, and Cosmetic Act,
6.24 	United States Code, title 21, section 321, et seq.;
6.25 	(2) is labeled and marketed in a manner consistent with the
6.26 	pertinent OTC Tentative Final or Final Monograph;
6.27 	(3) is manufactured and distributed for legitimate
6.28 	medicinal use in a manner that reduces or eliminates the
6.29 	likelihood of abuse;
6.30 	(4) is not marketed, advertised, or labeled for the
6.31 	indication of stimulation, mental alertness, weight loss, muscle
6.32 	enhancement, appetite control, or energy; and 
6.33 	(5) is in solid oral dosage forms, including soft gelatin
6.34 	caplets, that combine 400 milligrams of guaifenesin and 25
6.35 	milligrams of ephedrine per dose, according to label
6.36 	instructions; or is an anorectal preparation containing not more
7.1 	than five percent ephedrine; and 
7.2 	(6) is sold in a manner that does not conflict with section
7.3 	152.136.
7.4 	(b) Subdivisions 1 and 3 shall not apply to products
7.5 	containing ephedra or ma huang and lawfully marketed as dietary
7.6 	supplements under federal law.
7.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.8 	and applies to crimes committed on or after that date.

7.9 	Sec. 6. [152.136] SALES OF METHAMPHETAMINE PRECURSOR
7.10 	DRUGS; REPORTING.
7.11 		Subdivision 1.Definitions. (a) As used in this section,
7.12 	the following terms have the meanings given.
7.13 	(b) "Methamphetamine precursor drug" means:
7.14 	(1) a drug or product containing as its sole active
7.15 	ingredient ephedrine or pseudoephedrine; or 
7.16 	(2) a combination drug or product containing as one of its
7.17 	active ingredients ephedrine or pseudoephedrine.
7.18 	(c) "Over-the-counter sale" means a retail sale of a drug
7.19 	or product but does not include the sale of a drug or product
7.20 	pursuant to the terms of a valid prescription.
7.21 	(d) "Suspicious transaction" means the sale, distribution,
7.22 	delivery, or other transfer of a substance under circumstances
7.23 	that would lead a reasonable person to believe that the
7.24 	substance is likely to be used to illegally manufacture a
7.25 	controlled substance based on factors such as the amount of the
7.26 	substance involved in the transaction, the method of payment,
7.27 	the method of delivery, and any past dealings with any
7.28 	participant in the transaction.
7.29 		Subd. 2.Prohibited conduct. (a) No person may sell in a
7.30 	single over-the-counter sale more than three packages or any
7.31 	combination of packages exceeding a total weight of nine grams
7.32 	of a methamphetamine precursor drug or a combination of
7.33 	methamphetamine precursor drugs.
7.34 	(b) Over-the-counter sales of methamphetamine precursor
7.35 	drugs are limited to:
7.36 	(1) packages containing not more than a total of three
8.1 	grams of one or more methamphetamine precursor drugs, calculated
8.2 	in terms of ephedrine base and pseudoephedrine base; or 
8.3 	(2) for nonliquid products, sales in blister packs, where
8.4 	each blister contains not more than two dosage units, or, if the
8.5 	use of blister packs is not technically feasible, sales in unit
8.6 	dose packets or pouches.
8.7 		Subd. 3.Suspicious transactions; reporting;
8.8 	immunity. Any person employed by a business establishment that
8.9 	offers for sale methamphetamine precursor drugs who sells such a
8.10 	drug to any person in a suspicious transaction shall report the
8.11 	transaction to the owner, supervisor, or manager of the
8.12 	establishment.  The owner, supervisor, or manager may report the
8.13 	transaction to local law enforcement.  A person who reports
8.14 	information under this subdivision in good faith is immune from
8.15 	civil liability relating to the report.
8.16 		Subd. 4.Exemption. This section does not apply to
8.17 	pediatric products labeled pursuant to federal regulation
8.18 	primarily intended for administration to children under 12 years
8.19 	of age according to label instructions.
8.20 		Subd. 5.Preemption; invalidation. This section preempts
8.21 	all local ordinances or regulations governing the sale by a
8.22 	business establishment of over-the-counter products containing
8.23 	ephedrine or pseudoephedrine.  All ordinances enacted before the
8.24 	effective date of this act are void.
8.25 	
EFFECTIVE DATE. This section is effective January 1, 2006.

8.26 	Sec. 7. [152.137] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
8.27 	CRIMINAL PENALTIES; CIVIL LIABILITY.
8.28 		Subdivision 1.Definitions. As used in this section,
8.29 	"tamper" means action taken by a person not authorized to take
8.30 	that action by law or by the owner or authorized custodian of an
8.31 	anhydrous ammonia container or of equipment where anhydrous
8.32 	ammonia is used, stored, distributed, or transported.
8.33 		Subd. 2.Prohibited conduct. (a) A person may not:
8.34 	(1) steal or unlawfully take or carry away any amount of
8.35 	anhydrous ammonia;
8.36 	(2) purchase, possess, transfer, or distribute any amount
9.1 	of anhydrous ammonia, knowing, or having reason to know, that it
9.2 	will be used to unlawfully manufacture a controlled substance;
9.3 	(3) place, have placed, or possess anhydrous ammonia in a
9.4 	container that is not designed, constructed, maintained, and
9.5 	authorized to contain or transport anhydrous ammonia;
9.6 	(4) transport anhydrous ammonia in a container that is not
9.7 	designed, constructed, maintained, and authorized to transport
9.8 	anhydrous ammonia;
9.9 	(5) use, deliver, receive, sell, or transport a container
9.10 	designed and constructed to contain anhydrous ammonia without
9.11 	the express consent of the owner or authorized custodian of the
9.12 	container; or 
9.13 	(6) tamper with any equipment or facility used to contain,
9.14 	store, or transport anhydrous ammonia.
9.15 	(b) For the purposes of this subdivision, containers
9.16 	designed and constructed for the storage and transport of
9.17 	anhydrous ammonia are described in rules adopted under section
9.18 	18C.121, subdivision 1, or in Code of Federal Regulations, title
9.19 	49.
9.20 		Subd. 3.No cause of action. (a) Except as provided in
9.21 	paragraph (b), a person tampering with anhydrous ammonia
9.22 	containers or equipment under subdivision 2 shall have no cause
9.23 	of action for damages arising out of the tampering against:
9.24 	(1) the owner or lawful custodian of the container or
9.25 	equipment;
9.26 	(2) a person responsible for the installation or
9.27 	maintenance of the container or equipment; or 
9.28 	(3) a person lawfully selling or offering for sale the
9.29 	anhydrous ammonia.
9.30 	(b) Paragraph (a) does not apply to a cause of action
9.31 	against a person who unlawfully obtained the anhydrous ammonia
9.32 	or anhydrous ammonia container or who possesses the anhydrous
9.33 	ammonia or anhydrous ammonia container for any unlawful purpose.
9.34 		Subd. 4.Criminal penalty. A person who knowingly
9.35 	violates subdivision 2 is guilty of a felony and may be
9.36 	sentenced to imprisonment for not more than five years or to
10.1 	payment of a fine of not more than $50,000, or both.
10.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
10.3 	and applies to crimes committed on or after that date.

10.4 	Sec. 8. [152.138] METHAMPHETAMINE-RELATED CRIMES
10.5 	INVOLVING CHILDREN AND VULNERABLE ADULTS.
10.6 		Subdivision 1.Definitions. (a) As used in this section,
10.7 	the following terms have the meanings given.
10.8 	(b) "Chemical substance" means a substance intended to be
10.9 	used as a precursor in the manufacture of methamphetamine or any
10.10 	other chemical intended to be used in the manufacture of
10.11 	methamphetamine.
10.12 	(c) "Child" means any person under the age of 18 years.
10.13 	(d) "Methamphetamine paraphernalia" means all equipment,
10.14 	products, and materials of any kind that are used, intended for
10.15 	use, or designed for use in manufacturing, injecting, ingesting,
10.16 	inhaling, or otherwise introducing methamphetamine into the
10.17 	human body.
10.18 	(e) "Methamphetamine waste products" means substances,
10.19 	chemicals, or items of any kind used in the manufacture of
10.20 	methamphetamine or any part of the manufacturing process, or the
10.21 	by-products or degradates of manufacturing methamphetamine.
10.22 	(f) "Vulnerable adult" has the meaning given in section
10.23 	626.5572, subdivision 21.
10.24 		Subd. 2.Prohibited conduct. (a) No person may knowingly
10.25 	engage in any of the following activities in the presence of a
10.26 	child or vulnerable adult; in the residence of a child or a
10.27 	vulnerable adult; in a building, structure, conveyance, or
10.28 	outdoor location where a child or vulnerable adult might
10.29 	reasonably be expected to be present; in a room offered to the
10.30 	public for overnight accommodation; or in any multiple unit
10.31 	residential building:
10.32 	(1) manufacturing or attempting to manufacture
10.33 	methamphetamine;
10.34 	(2) storing any chemical substance;
10.35 	(3) storing any methamphetamine waste products; or 
10.36 	(4) storing any methamphetamine paraphernalia.
11.1 	(b) No person may knowingly cause or permit a child or
11.2 	vulnerable adult to inhale, be exposed to, have contact with, or
11.3 	ingest methamphetamine, a chemical substance, or methamphetamine
11.4 	paraphernalia.
11.5 		Subd. 3.Criminal penalty. A person who violates
11.6 	subdivision 2 is guilty of a felony and may be sentenced to
11.7 	imprisonment for not more than five years or to payment of a
11.8 	fine of not more than $10,000, or both.
11.9 		Subd. 4.Multiple sentences. Notwithstanding sections
11.10 	609.035 and 609.04, a prosecution for or conviction under this
11.11 	section is not a bar to conviction of or punishment for any
11.12 	other crime committed by the defendant as part of the same
11.13 	conduct.
11.14 		Subd. 5.Consecutive sentences. Notwithstanding any
11.15 	provision of the Sentencing Guidelines, the court may provide
11.16 	that a sentence imposed for a violation of this section shall
11.17 	run consecutively to any sentence imposed for the intended
11.18 	criminal act.  A decision of the court to impose consecutive
11.19 	sentences under this subdivision is not a departure from the
11.20 	Sentencing Guidelines.
11.21 		Subd. 6.Protective custody. A peace officer may take
11.22 	any child present in an area where any of the activities
11.23 	described in subdivision 2, paragraph (a), clauses (1) to (4),
11.24 	are taking place into protective custody in accordance with
11.25 	section 260C.175, subdivision 1, paragraph (b), clause (2).  A
11.26 	child taken into protective custody under this subdivision shall
11.27 	be provided health screening to assess potential health concerns
11.28 	related to methamphetamine as provided in section 260C.188.  A
11.29 	child not taken into protective custody under this subdivision
11.30 	but who is known to have been exposed to methamphetamine shall
11.31 	be offered health screening for potential health concerns
11.32 	related to methamphetamine as provided in section 260C.188.
11.33 		Subd. 7.Reporting maltreatment of vulnerable adult. If
11.34 	a vulnerable adult is present in an area where any of the
11.35 	activities described in subdivision 2, paragraph (a), clauses
11.36 	(1) to (4), are taking place, a peace officer or mandated
12.1 	reporter who has reason to believe the vulnerable adult inhaled,
12.2 	was exposed to, had contact with, or ingested methamphetamine, a
12.3 	chemical substance, or methamphetamine paraphernalia shall make
12.4 	a report under section 626.557, subdivision 9b.
12.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.6 	and applies to crimes committed on or after that date.

12.7 	Sec. 9. [152.185] METHAMPHETAMINE AWARENESS AND
12.8 	EDUCATIONAL ACCOUNT.
12.9 		Subdivision 1.Account established. The methamphetamine
12.10 	awareness and educational account is a special revenue account
12.11 	in the state treasury.  Money in the account shall be used to
12.12 	support projects relating to educating retailers and the public
12.13 	on the dangers of methamphetamines and methamphetamine precursor
12.14 	drugs and the laws and regulations governing their use.
12.15 		Subd. 2.Contributions. The state may accept
12.16 	contributions, gifts, grants, and bequests for deposit into the
12.17 	fund.
12.18 	
EFFECTIVE DATE. This section is effective August 1, 2005.

12.19 	Sec. 10. Minnesota Statutes 2004, section 168A.05,
12.20 	subdivision 3, is amended to read:
12.21 		Subd. 3.Content of certificate.  Each certificate of
12.22 	title issued by the department shall contain:
12.23 	(1) the date issued;
12.24 	(2) the first, middle, and last names, the dates of birth,
12.25 	and addresses of all owners who are natural persons, the full
12.26 	names and addresses of all other owners;
12.27 	(3) the names and addresses of any secured parties in the
12.28 	order of priority as shown on the application, or if the
12.29 	application is based on a certificate of title, as shown on the
12.30 	certificate, or as otherwise determined by the department;
12.31 	(4) any liens filed pursuant to a court order or by a
12.32 	public agency responsible for child support enforcement against
12.33 	the owner;
12.34 	(5) the title number assigned to the vehicle;
12.35 	(6) a description of the vehicle including, so far as the
12.36 	following data exists, its make, model, year, identifying
13.1 	number, type of body, whether new or used, and if a new vehicle,
13.2 	the date of the first sale of the vehicle for use;
13.3 	(7) with respect to motor vehicles subject to the
13.4 	provisions of section 325E.15, the true cumulative mileage
13.5 	registered on the odometer or that the actual mileage is unknown
13.6 	if the odometer reading is known by the owner to be different
13.7 	from the true mileage;
13.8 	(8) with respect to vehicles subject to sections 325F.6641
13.9 	and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
13.10 	"prior salvage," or "reconstructed"; and 
13.11 	(9) with respect to a vehicle contaminated by
13.12 	methamphetamine production, if the registrar has received the
13.13 	certificate of title and notice described in section 152.0275,
13.14 	subdivision 2, paragraph (f), the term "hazardous waste
13.15 	contaminated vehicle"; and 
13.16 	(10) any other data the department prescribes.
13.17 	
EFFECTIVE DATE. This section is effective August 1, 2005.

13.18 	Sec. 11. [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
13.19 	REVOLVING FUND.
13.20 		Subdivision 1.Definitions. As used in this section:
13.21 	(1) "clandestine lab site" has the meaning given in section
13.22 	152.0275, subdivision 1, paragraph (a);
13.23 	(2) "property" has the meaning given in section 152.0275,
13.24 	subdivision 2, paragraph (a), but does not include motor
13.25 	vehicles; and 
13.26 	(3) "remediate" has the meaning given to remediation in
13.27 	section 152.0275, subdivision 1, paragraph (a).
13.28 		Subd. 2.Fund established. The authority shall establish
13.29 	a methamphetamine laboratory cleanup revolving fund to provide
13.30 	loans to counties and cities to remediate clandestine lab
13.31 	sites.  The fund must be credited with repayments.
13.32 		Subd. 3.Applications. Applications by a county or city
13.33 	for a loan from the fund must be made to the authority on the
13.34 	forms prescribed by the authority.  The application must
13.35 	include, but is not limited to:
13.36 	(1) the amount of the loan requested and the proposed use
14.1 	of the loan proceeds;
14.2 	(2) the source of revenues to repay the loan; and 
14.3 	(3) certification by the county or city that it meets the
14.4 	loan eligibility requirements of subdivision 4.
14.5 		Subd. 4.Loan eligibility. A county or city is eligible
14.6 	for a loan under this section if the county or city:
14.7 	(1) identifies a site or sites designated by a local public
14.8 	health department or law enforcement as a clandestine lab site;
14.9 	(2) has required the site's property owner to remediate the
14.10 	site at cost, under chapter 145A or a local public health
14.11 	nuisance ordinance that addresses clandestine lab remediation;
14.12 	(3) certifies that the property owner cannot pay for the
14.13 	remediation immediately; and 
14.14 	(4) certifies that the property owner has not properly
14.15 	remediated the site.
14.16 		Subd. 5.Use of loan proceeds; reimbursement by property
14.17 	owner. (a) A loan recipient shall use the loan to remediate the
14.18 	clandestine lab site, or if this has already been done, to
14.19 	reimburse the applicable county or city fund for costs paid by
14.20 	the recipient to remediate the clandestine lab site.
14.21 	(b) A loan recipient shall seek reimbursement from the
14.22 	owner of the property containing the clandestine lab site for
14.23 	the costs of the remediation.  In addition to other lawful means
14.24 	of seeking reimbursement, the loan recipient may recover its
14.25 	costs through a property tax assessment by following the
14.26 	procedures in section 145A.08, subdivision 2, paragraph (c).
14.27 		Subd. 6.Award and disbursement of funds. The authority
14.28 	shall award loans to recipients on a first-come, first-served
14.29 	basis, provided that the recipient is able to comply with the
14.30 	terms and conditions of the authority loan, which must be in
14.31 	conformance with this section.  The authority shall make a
14.32 	single disbursement of the loan upon receipt of a payment
14.33 	request that includes a list of remediation expenses and
14.34 	evidence that a second-party sampling was undertaken to ensure
14.35 	that the remediation work was successful or a guarantee that
14.36 	such a sampling will be undertaken.
15.1 		Subd. 7.Loan conditions and terms. (a) When making
15.2 	loans from the revolving fund, the authority shall comply with
15.3 	the criteria in paragraphs (b) to (e).
15.4 	(b) Loans must be made at a two percent per annum interest
15.5 	rate for terms not to exceed ten years unless the recipient
15.6 	requests a 20-year term due to financial hardship.
15.7 	(c) The annual principal and interest payments must begin
15.8 	no later than one year after completion of the cleanup.  Loans
15.9 	must be amortized no later than 20 years after completion of the
15.10 	cleanup.
15.11 	(d) A loan recipient must identify and establish a source
15.12 	of revenue for repayment of the loan and must undertake whatever
15.13 	steps are necessary to collect payments within one year of
15.14 	receipt of funds from the authority.
15.15 	(e) The fund must be credited with all payments of
15.16 	principal and interest on all loans, except the costs as
15.17 	permitted under section 446A.04, subdivision 5, paragraph (a).
15.18 	(f) Loans must be made only to recipients with clandestine
15.19 	lab ordinances that address remediation.
15.20 		Subd. 8.Authority to incur debt. Counties and cities
15.21 	may incur debt under this section by resolution of the board or
15.22 	council authorizing issuance of a revenue bond to the authority.
15.23 	
EFFECTIVE DATE. This section is effective August 1, 2005.

15.24 	Sec. 12. Minnesota Statutes 2004, section 609.1095,
15.25 	subdivision 1, is amended to read:
15.26 		Subdivision 1.Definitions.  (a) As used in this section,
15.27 	the following terms have the meanings given.
15.28 	(b) "Conviction" means any of the following accepted and
15.29 	recorded by the court:  a plea of guilty, a verdict of guilty by
15.30 	a jury, or a finding of guilty by the court.  The term includes
15.31 	a conviction by any court in Minnesota or another jurisdiction.
15.32 	(c) "Prior conviction" means a conviction that occurred
15.33 	before the offender committed the next felony resulting in a
15.34 	conviction and before the offense for which the offender is
15.35 	being sentenced under this section.
15.36 	(d) "Violent crime" means a violation of or an attempt or
16.1 	conspiracy to violate any of the following laws of this state or
16.2 	any similar laws of the United States or any other state:
16.3 	section sections 152.138;609.165; 609.185; 609.19; 609.195;
16.4 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
16.5 	609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
16.6 	609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
16.7 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
16.8 	609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
16.9 	1e; 609.687; 609.855, subdivision 5; any provision of sections
16.10 	609.229; 609.377; 609.378; 609.749; and 624.713 that is
16.11 	punishable by a felony penalty; or any provision of chapter 152
16.12 	that is punishable by a maximum sentence of 15 years or more.
16.13 	
EFFECTIVE DATE. This section is effective August 1, 2005,
16.14 	and applies to crimes committed on or after that date.

16.15 	Sec. 13. METHAMPHETAMINE RETAIL AND CONSUMER EDUCATION
16.16 	PROGRAM.
 16.17 	The commissioner of public safety shall develop and
16.18 	implement a program designed to inform retailers and consumers
16.19 	and heighten public and business awareness of the dangers of
16.20 	illicit methamphetamine production, distribution, use, and the
16.21 	ready availability of methamphetamine in Minnesota.
16.22 	Specifically, the commissioner, in consultation with
16.23 	representatives from retail associations, shall develop (1)
16.24 	training posters for retail employees to identify the products
16.25 	that are commonly purchased or stolen for use in manufacturing
16.26 	methamphetamine, (2) an on-line retail employee training Web
16.27 	site, (3) signage, including shelf tags, stickers, and decals to
16.28 	deter criminals and to educate consumers about the program and
16.29 	ingredients used in manufacturing methamphetamine, (4)
16.30 	guidelines for the strategic placement of precursor products in
16.31 	areas that will deter theft or suspicious purchases of large
16.32 	quantities, (5) brochures educating retailers and consumers
16.33 	about the program, and (6) forms for retailers to report
16.34 	suspicious transactions.  The commissioner must also provide to
16.35 	businesses information on applicable state and federal laws and
16.36 	regulations relating to methamphetamine and methamphetamine
17.1 	precursor drugs.

17.2 	EFFECTIVE DATE. This section is effective July 1, 2005.

17.3 	Sec. 14. APPROPRIATION.
 17.4 	(a) $....... is appropriated to the commissioner of public
17.5 	safety from the methamphetamine awareness and educational
17.6 	account in the special revenue fund for the fiscal year ending
17.7 	June 30, 2005, for the methamphetamine retail education program
17.8 	described in section 13.
17.9 	(b) $....... is appropriated to the Public Facilities
17.10 	Authority from the general fund for the fiscal year ending June
17.11 	30, 2005, to carry out the authority's duties under Minnesota
17.12 	Statutes, section 446A.083.

17.13 	EFFECTIVE DATE. This section is effective July 1, 2005.

17.14 	Sec. 15. REPEALER.
 17.15 	Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
17.16 	and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
17.17 	5, are repealed.

17.18 	EFFECTIVE DATE. This section is effective August 1, 2005.