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

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

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

2.5 	Sec. 2. [152.016] SURCHARGE ON VIOLATIONS OF THIS
2.6 	CHAPTER.
2.7 		Subdivision 1.When required. (a) When a court sentences
2.8 	a person convicted of an offense under this chapter, it shall
2.9 	impose a surcharge of $50.  This section applies when the
2.10 	sentence is executed, stayed, or suspended.  The court may not
2.11 	waive payment or authorize payment of the surcharge in
2.12 	installments unless it makes written findings on the record that
2.13 	the convicted person is indigent or that the surcharge would
2.14 	create undue hardship for the convicted person or that person's
2.15 	immediate family.
2.16 	(b) The surcharge required under this section is in
2.17 	addition to the surcharge required by section 357.021,
2.18 	subdivision 6 (surcharges on criminal and traffic offenders).
2.19 		Subd. 2.Distribution of money. The county shall collect
2.20 	and forward the surcharge to the commissioner of finance within
2.21 	60 days after sentencing or explain to the commissioner in
2.22 	writing why the money was not forwarded within this time
2.23 	period.  The commissioner shall credit the money to the
2.24 	methamphetamine awareness and educational account under section
2.25 	152.185.
2.26 	
EFFECTIVE DATE. This section is effective July 1, 2005,
2.27 	and applies to crimes committed on or after that date.

2.28 	Sec. 3. Minnesota Statutes 2004, section 152.021,
2.29 	subdivision 2a, is amended to read:
2.30 		Subd. 2a.methamphetamine manufacture crimes crime;
2.31 	possession of substances with intent to manufacture
2.32 	methamphetamine crime.  (a) Notwithstanding subdivision 1,
2.33 	sections 152.022, subdivision 1, 152.023, subdivision 1, and
2.34 	152.024, subdivision 1, a person is guilty of controlled
2.35 	substance crime in the first degree if the person manufactures
2.36 	any amount of methamphetamine.
3.1 	(b) Notwithstanding paragraph (a) and section 609.17,A
3.2 	person is guilty of attempted manufacture of methamphetamine a
3.3 	crime if the person possesses any chemical reagents or
3.4 	precursors with the intent to manufacture methamphetamine.  As
3.5 	used in this section, "chemical reagents or precursors" refers
3.6 	to one or more of the following substances, or their salts,
3.7 	isomers, and salts of isomers:
3.8 	(1) ephedrine;
3.9 	(2) pseudoephedrine;
3.10 	(3) phenyl-2-propanone;
3.11 	(4) phenylacetone;
3.12 	(5) anhydrous ammonia, as defined in section 18C.005,
3.13 	subdivision 1a;
3.14 	(6) organic solvents;
3.15 	(7) hydrochloric acid;
3.16 	(8) lithium metal;
3.17 	(9) sodium metal;
3.18 	(10) ether;
3.19 	(11) sulfuric acid;
3.20 	(12) red phosphorus;
3.21 	(13) iodine;
3.22 	(14) sodium hydroxide;
3.23 	(15) benzaldehyde;
3.24 	(16) benzyl methyl ketone;
3.25 	(17) benzyl cyanide;
3.26 	(18) nitroethane;
3.27 	(19) methylamine;
3.28 	(20) phenylacetic acid;
3.29 	(21) hydriodic acid; or
3.30 	(22) hydriotic acid.
3.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.32 	and applies to crimes committed on or after that date.

3.33 	Sec. 4. Minnesota Statutes 2004, section 152.021,
3.34 	subdivision 3, is amended to read:
3.35 		Subd. 3.Penalty.  (a) A person convicted under
3.36 	subdivisions 1 to 2a, paragraph (a), may be sentenced to
4.1 	imprisonment for not more than 30 years or to payment of a fine
4.2 	of not more than $1,000,000, or both; a person convicted under
4.3 	subdivision 2a, paragraph (b), may be sentenced to imprisonment
4.4 	for not more than three ten years or to payment of a fine of not
4.5 	more than $5,000 $20,000, or both.
4.6 	(b) If the conviction is a subsequent controlled substance
4.7 	conviction, a person convicted under subdivisions 1 to 2a,
4.8 	paragraph (a), shall be committed to the commissioner of
4.9 	corrections for not less than four years nor more than 40 years
4.10 	and, in addition, may be sentenced to payment of a fine of not
4.11 	more than $1,000,000; a person convicted under subdivision 2a,
4.12 	paragraph (b), may be sentenced to imprisonment for not more
4.13 	than four 15 years or to payment of a fine of not more than
4.14 	$5,000 $30,000, or both.
4.15 	(c) In a prosecution under subdivision 1 involving sales by
4.16 	the same person in two or more counties within a 90-day period,
4.17 	the person may be prosecuted for all of the sales in any county
4.18 	in which one of the sales occurred.
4.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.20 	and applies to crimes committed on or after that date.

4.21 	Sec. 5. [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
4.22 	RESTITUTION; PROHIBITIONS ON PROPERTY USE.
4.23 		Subdivision 1.Restitution. (a) As used in this
4.24 	subdivision:
4.25 	(1) "clandestine lab site" means any structure or
4.26 	conveyance or outdoor location occupied or affected by
4.27 	conditions or chemicals, typically associated with the
4.28 	manufacturing of methamphetamine;
4.29 	(2) "emergency response" includes, but is not limited to,
4.30 	removing and collecting evidence, securing the site, removal,
4.31 	remediation, and hazardous chemical assessment or inspection of
4.32 	the site where the relevant offense or offenses took place,
4.33 	regardless of whether these actions are performed by the public
4.34 	entities themselves or by private contractors paid by the public
4.35 	entities, or the property owner;
4.36 	(3) "remediation" means proper cleanup, treatment, or
5.1 	containment of hazardous substances or methamphetamine at or in
5.2 	a clandestine lab site, and may include demolition or disposal
5.3 	of structures or other property when an assessment so indicates;
5.4 	and 
5.5 	(4) "removal" means the removal from the clandestine lab
5.6 	site of precursor or waste chemicals, chemical containers, or
5.7 	equipment associated with the manufacture, packaging, or storage
5.8 	of illegal drugs.
5.9 	(b) A court shall require a person convicted of
5.10 	manufacturing or attempting to manufacture a controlled
5.11 	substance or of an illegal activity involving a precursor
5.12 	substance, where the response to the crime involved an emergency
5.13 	response, to pay restitution to all public entities that
5.14 	participated in the response.  The restitution ordered must
5.15 	cover the reasonable costs of their participation in the
5.16 	response.
5.17 	(c) In addition to the restitution required in paragraph
5.18 	(b), a court shall require a person convicted of manufacturing
5.19 	or attempting to manufacture a controlled substance or of
5.20 	illegal activity involving a precursor substance to pay
5.21 	restitution to a property owner who incurred removal or
5.22 	remediation costs because of the crime.
5.23 	(d) Notwithstanding paragraphs (b) and (c), if the court
5.24 	finds that the convicted person is indigent or that payment of
5.25 	the restitution would create undue hardship for the convicted
5.26 	person's immediate family, the court may reduce the amount of
5.27 	restitution to an appropriate level.
5.28 		Subd. 2.Property-related prohibitions; web site. (a) As
5.29 	used in this subdivision:
5.30 	(1) "clandestine lab site" has the meaning given in
5.31 	subdivision 1, paragraph (a);
5.32 	(2) "property" includes buildings and other structures, and
5.33 	motor vehicles as defined in section 609.487, subdivision 2a.
5.34 	Property also includes real property whether publicly or
5.35 	privately owned and public waters and rights-of-way;
5.36 	(3) "remediation" has the meaning given in subdivision 1,
6.1 	paragraph (a); and 
6.2 	(4) "removal" has the meaning given in subdivision 1,
6.3 	paragraph (a).
6.4 	(b) A peace officer who arrests a person at a clandestine
6.5 	lab site shall notify the appropriate county or local health
6.6 	department, state duty officer, and child protection services of
6.7 	the arrest and the location of the site.
6.8 	(c) A county or local health department or sheriff shall
6.9 	order that all property that has been found to be a clandestine
6.10 	lab site and contaminated by substances, chemicals, or items of
6.11 	any kind used in the manufacture of methamphetamine or any part
6.12 	of the manufacturing process, or the by-products or degradates
6.13 	of manufacturing methamphetamine be prohibited from being
6.14 	occupied, rented, sold, or used until it has been assessed and
6.15 	remediated as provided in the Department of Health's clandestine
6.16 	drug labs general cleanup guidelines.
6.17 	(d) Unless clearly inapplicable, the procedures specified
6.18 	in chapter 145A and any related rules adopted under that chapter
6.19 	addressing the enforcement of public health laws, the removal
6.20 	and abatement of public health nuisances, and the remedies
6.21 	available to property owners or occupants apply to this
6.22 	subdivision.
6.23 	(e) Upon the proper removal and remediation of any property
6.24 	used as a clandestine lab site, the contractor shall verify to
6.25 	the applicable authority that issued the order under paragraph
6.26 	(c) that the work was completed according to the Department of
6.27 	Health's clandestine drug labs general cleanup guidelines and
6.28 	best practices and that levels of contamination have been
6.29 	reduced to levels set forth in the guidelines.  Following this,
6.30 	the applicable authority shall vacate its order.
6.31 	(f) If the applicable authority determines under paragraph
6.32 	(c) that a motor vehicle has been contaminated by substances,
6.33 	chemicals, or items of any kind used in the manufacture of
6.34 	methamphetamine or any part of the manufacturing process, or the
6.35 	by-products or degradates of manufacturing methamphetamine, and
6.36 	if the authority is able to obtain the certificate of title for
7.1 	the motor vehicle, the authority shall notify the registrar of
7.2 	motor vehicles of this fact and in addition, forward the
7.3 	certificate of title to the registrar.  The authority shall also
7.4 	notify the registrar when it vacates its order under paragraph
7.5 	(e).
7.6 	(g) The commissioner of health shall create and maintain an
7.7 	Internet Web site and post on the Web site contact information
7.8 	for each local community health services administrator.
7.9 	(h) Each local community health services administrator
7.10 	shall maintain information related to property within the
7.11 	administrator's jurisdiction that is currently or was previously
7.12 	subject to an order issued under paragraph (c).  The information
7.13 	maintained must include the location of the property, the extent
7.14 	of the contamination, the status of the removal and remediation
7.15 	work on the property, and whether the order has been vacated.
7.16 	The administrator shall make this information available to the
7.17 	public either upon request or by other means.
7.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.19 	and applies to crimes committed on or after that date.

7.20 	Sec. 6. Minnesota Statutes 2004, section 152.135,
7.21 	subdivision 2, is amended to read:
7.22 		Subd. 2.Exceptions.  (a) A drug product containing
7.23 	ephedrine, its salts, optical isomers, and salts of optical
7.24 	isomers is exempt from subdivision 1 if the drug product:
7.25 	(1) may be lawfully sold over the counter without a
7.26 	prescription under the federal Food, Drug, and Cosmetic Act,
7.27 	United States Code, title 21, section 321, et seq.;
7.28 	(2) is labeled and marketed in a manner consistent with the
7.29 	pertinent OTC Tentative Final or Final Monograph;
7.30 	(3) is manufactured and distributed for legitimate
7.31 	medicinal use in a manner that reduces or eliminates the
7.32 	likelihood of abuse;
7.33 	(4) is not marketed, advertised, or labeled for the
7.34 	indication of stimulation, mental alertness, weight loss, muscle
7.35 	enhancement, appetite control, or energy; and 
7.36 	(5) is in solid oral dosage forms, including soft gelatin
8.1 	caplets, that combine 400 milligrams of guaifenesin and 25
8.2 	milligrams of ephedrine per dose, according to label
8.3 	instructions; or is an anorectal preparation containing not more
8.4 	than five percent ephedrine; and 
8.5 	(6) is sold in a manner that does not conflict with section
8.6 	152.136.
8.7 	(b) Subdivisions 1 and 3 shall not apply to products
8.8 	containing ephedra or ma huang and lawfully marketed as dietary
8.9 	supplements under federal law.
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. 7. [152.136] SALES OF METHAMPHETAMINE PRECURSOR
8.13 	DRUGS; CRIMINAL PENALTIES; REPORTING.
8.14 		Subdivision 1.Definitions. (a) As used in this section,
8.15 	the following terms have the meanings given.
8.16 	(b) "Methamphetamine precursor drug" includes single-source
8.17 	methamphetamine precursor drugs and non-single-source
8.18 	methamphetamine precursor drugs.
8.19 	(c) "Non-single-source methamphetamine precursor drug"
8.20 	means a combination drug or product containing as one of its
8.21 	active ingredients ephedrine or pseudoephedrine.  However, the
8.22 	term does not include a single-source methamphetamine precursor
8.23 	drug.
8.24 	(d) "Over-the-counter sale" means a retail sale of a drug
8.25 	or product but does not include the sale of a drug or product
8.26 	pursuant to the terms of a valid prescription.
8.27 	(e) "Single-source methamphetamine precursor drug" means a
8.28 	drug or product containing as its sole active ingredient
8.29 	ephedrine or pseudoephedrine.
8.30 	(f) "Suspicious transaction" means the sale, distribution,
8.31 	delivery, or other transfer of a substance under circumstances
8.32 	that would lead a reasonable person to believe that the
8.33 	substance is likely to be used to illegally manufacture a
8.34 	controlled substance based on factors such as the amount of the
8.35 	substance involved in the transaction, the method of payment,
8.36 	the method of delivery, and any past dealings with any
9.1 	participant in the transaction.
9.2 		Subd. 2.Prohibited conduct. (a) No person may sell in a
9.3 	single over-the-counter sale more than three packages of a
9.4 	methamphetamine precursor drug or a combination of
9.5 	methamphetamine precursor drugs or any combination of packages
9.6 	exceeding a total weight of nine grams.
9.7 	(b) Over-the-counter sales of methamphetamine precursor
9.8 	drugs are limited to:
9.9 	(1) packages containing not more than a total of three
9.10 	grams of one or more methamphetamine precursor drugs, calculated
9.11 	in terms of ephedrine base or pseudoephedrine base; or 
9.12 	(2) for nonliquid products, sales in blister packs, where
9.13 	each blister contains not more than two dosage units, or, if the
9.14 	use of blister packs is not technically feasible, sales in unit
9.15 	dose packets or pouches.
9.16 	(c) A business establishment that offers for sale
9.17 	single-source methamphetamine precursor drugs in an
9.18 	over-the-counter sale shall do one of the following:
9.19 	(1) ensure that all packages of the drugs are displayed and
9.20 	offered for sale only:
9.21 	(i) behind a checkout counter where the public is not
9.22 	permitted;
9.23 	(ii) inside a locked display case; or 
9.24 	(iii) within ten feet of an unobstructed view of an
9.25 	attended checkout counter;
9.26 	(2) utilize an electronic antitheft system having a product
9.27 	tag and detection alarm designed to specifically prevent the
9.28 	theft of the drugs from the business establishment; or 
9.29 	(3) prohibit sales of the drugs to persons under the age of
9.30 	18 years.
9.31 	It is an affirmative defense to a charge under clause (3) if the
9.32 	defendant proves by a preponderance of the evidence that the
9.33 	defendant reasonably and in good faith relied on proof of age as
9.34 	described in section 340A.503, subdivision 6.
9.35 		Subd. 3.Criminal penalty. A person who knowingly
9.36 	violates subdivision 2 is guilty of a misdemeanor and may be
10.1 	sentenced to imprisonment for not more than 90 days, or to
10.2 	payment of a fine of not more than $1,000, or both.
10.3 		Subd. 4.Exception to criminal penalty. (a) An owner,
10.4 	operator, supervisor, or manager of a business establishment
10.5 	that offers for sale methamphetamine precursor drugs whose
10.6 	employee or agent is convicted of or charged with violating this
10.7 	section is not subject to the criminal penalties for violating
10.8 	this section if the person:
10.9 	(1) did not have prior knowledge of, participate in, or
10.10 	direct the employee or agent to commit the violation; and 
10.11 	(2) documents that an employee training program was in
10.12 	place to provide the employee or agent with information on the
10.13 	state and federal regulations regarding methamphetamine
10.14 	precursor drugs.
10.15 	(b) Subdivisions 2 and 3 do not apply to a methamphetamine
10.16 	precursor drug that is manufactured in a manner that prevents
10.17 	the drug from being used to manufacture methamphetamine.
10.18 		Subd. 5.Suspicious transactions; reporting;
10.19 	immunity. Any person employed by a business establishment that
10.20 	offers for sale methamphetamine precursor drugs who sells such a
10.21 	drug to any person in a suspicious transaction shall report the
10.22 	transaction to the owner, supervisor, or manager of the
10.23 	establishment.  The owner, supervisor, or manager may report the
10.24 	transaction to local law enforcement.  A person who reports
10.25 	information under this subdivision in good faith is immune from
10.26 	civil liability relating to the report.
10.27 		Subd. 6.Exemption. This section does not apply to
10.28 	pediatric products labeled pursuant to federal regulation
10.29 	primarily intended for administration to children under 12 years
10.30 	of age according to label instructions.
10.31 		Subd. 7.Effect on local ordinances. This section
10.32 	preempts all local ordinances or regulations governing the sale
10.33 	by a retail distributor of over-the-counter products containing
10.34 	ephedrine or pseudoephedrine.  Any existing local ordinance or
10.35 	regulation is void.
10.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
11.1 	and applies to crimes committed on or after that date.

11.2 	Sec. 8. [152.137] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
11.3 	CRIMINAL PENALTIES; CIVIL LIABILITY.
11.4 		Subdivision 1.Definitions. As used in this section,
11.5 	"tamper" means action taken by a person not authorized to take
11.6 	that action by law or by the owner or authorized custodian of an
11.7 	anhydrous ammonia container or of equipment where anhydrous
11.8 	ammonia is used, stored, distributed, or transported.
11.9 		Subd. 2.Prohibited conduct. (a) A person may not:
11.10 	(1) steal or unlawfully take or carry away any amount of
11.11 	anhydrous ammonia;
11.12 	(2) purchase, possess, transfer, or distribute any amount
11.13 	of anhydrous ammonia, knowing, or having reason to know, that it
11.14 	will be used to unlawfully manufacture a controlled substance;
11.15 	(3) place, have placed, or possess anhydrous ammonia in a
11.16 	container that is not designed, constructed, maintained, and
11.17 	authorized to contain or transport anhydrous ammonia;
11.18 	(4) transport anhydrous ammonia in a container that is not
11.19 	designed, constructed, maintained, and authorized to transport
11.20 	anhydrous ammonia;
11.21 	(5) use, deliver, receive, sell, or transport a container
11.22 	designed and constructed to contain anhydrous ammonia without
11.23 	the express consent of the owner or authorized custodian of the
11.24 	container; or 
11.25 	(6) tamper with any equipment or facility used to contain,
11.26 	store, or transport anhydrous ammonia.
11.27 	(b) For the purposes of this subdivision, containers
11.28 	designed and constructed for the storage and transport of
11.29 	anhydrous ammonia are described in rules adopted under section
11.30 	18C.121, subdivision 1, or in Code of Federal Regulations, title
11.31 	49.
11.32 		Subd. 3.No cause of action. (a) Except as provided in
11.33 	paragraph (b), a person tampering with anhydrous ammonia
11.34 	containers or equipment under subdivision 2 shall have no cause
11.35 	of action for damages arising out of the tampering against:
11.36 	(1) the owner or lawful custodian of the container or
12.1 	equipment;
12.2 	(2) a person responsible for the installation or
12.3 	maintenance of the container or equipment; or 
12.4 	(3) a person lawfully selling or offering for sale the
12.5 	anhydrous ammonia.
12.6 	(b) Paragraph (a) does not apply to a cause of action
12.7 	against a person who unlawfully obtained the anhydrous ammonia
12.8 	or anhydrous ammonia container or who possesses the anhydrous
12.9 	ammonia or anhydrous ammonia container for any unlawful purpose.
12.10 		Subd. 4.Criminal penalty. A person who knowingly
12.11 	violates subdivision 2 is guilty of a felony and may be
12.12 	sentenced to imprisonment for not more than five years or to
12.13 	payment of a fine of not more than $50,000, or both.
12.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.15 	and applies to crimes committed on or after that date.

12.16 	Sec. 9. [152.138] METHAMPHETAMINE-RELATED CRIMES
12.17 	INVOLVING CHILDREN AND VULNERABLE ADULTS.
12.18 		Subdivision 1.Definitions. (a) As used in this section,
12.19 	the following terms have the meanings given.
12.20 	(b) "Chemical substance" means a substance intended to be
12.21 	used as a precursor in the manufacture of methamphetamine or any
12.22 	other chemical intended to be used in the manufacture of
12.23 	methamphetamine.
12.24 	(c) "Child" means any person under the age of 18 years.
12.25 	(d) "Methamphetamine paraphernalia" means all equipment,
12.26 	products, and materials of any kind that are used, intended for
12.27 	use, or designed for use in manufacturing, injecting, ingesting,
12.28 	inhaling, or otherwise introducing methamphetamine into the
12.29 	human body.
12.30 	(e) "Methamphetamine waste products" means substances,
12.31 	chemicals, or items of any kind used in the manufacture of
12.32 	methamphetamine or any part of the manufacturing process, or the
12.33 	by-products or degradates of manufacturing methamphetamine.
12.34 	(f) "Vulnerable adult" has the meaning given in section
12.35 	609.232, subdivision 11.
12.36 		Subd. 2.Prohibited conduct. (a) No person may knowingly
13.1 	engage in any of the following activities in the presence of a
13.2 	child or vulnerable adult; in the residence of a child or a
13.3 	vulnerable adult; in a building, structure, conveyance, or
13.4 	outdoor location where a child or vulnerable adult might
13.5 	reasonably be expected to be present; in a room offered to the
13.6 	public for overnight accommodation; or in any multiple unit
13.7 	residential building:
13.8 	(1) manufacturing or attempting to manufacture
13.9 	methamphetamine;
13.10 	(2) storing any chemical substance;
13.11 	(3) storing any methamphetamine waste products; or 
13.12 	(4) storing any methamphetamine paraphernalia.
13.13 	(b) No person may knowingly cause or permit a child or
13.14 	vulnerable adult to inhale, be exposed to, have contact with, or
13.15 	ingest methamphetamine, a chemical substance, or methamphetamine
13.16 	paraphernalia.
13.17 		Subd. 3.Criminal penalty. A person who violates
13.18 	subdivision 2 is guilty of a felony and may be sentenced to
13.19 	imprisonment for not more than five years or to payment of a
13.20 	fine of not more than $10,000, or both.
13.21 		Subd. 4.Multiple sentences. Notwithstanding sections
13.22 	609.035 and 609.04, a prosecution for or conviction under this
13.23 	section is not a bar to conviction of or punishment for any
13.24 	other crime committed by the defendant as part of the same
13.25 	conduct.
13.26 		Subd. 5.Protective custody. A peace officer may take
13.27 	any child present in an area where any of the activities
13.28 	described in subdivision 2, paragraph (a), clauses (1) to (4),
13.29 	are taking place into protective custody in accordance with
13.30 	section 260C.175, subdivision 1, paragraph (b), clause (2).  A
13.31 	child taken into protective custody under this subdivision shall
13.32 	be provided health screening to assess potential health concerns
13.33 	related to methamphetamine as provided in section 260C.188.  A
13.34 	child not taken into protective custody under this subdivision
13.35 	but who is known to have been exposed to methamphetamine shall
13.36 	be offered health screening for potential health concerns
14.1 	related to methamphetamine as provided in section 260C.188.
14.2 		Subd. 6.Reporting maltreatment of vulnerable adult. (a)
14.3 	A peace officer shall make a report of suspected maltreatment of
14.4 	a vulnerable adult if the vulnerable adult is present in an area
14.5 	where any of the activities described in subdivision 2,
14.6 	paragraph (a), clauses (1) to (4), are taking place, and the
14.7 	peace officer has reason to believe the vulnerable adult
14.8 	inhaled, was exposed to, had contact with, or ingested
14.9 	methamphetamine, a chemical substance, or methamphetamine
14.10 	paraphernalia.  The peace officer shall immediately report to
14.11 	the county common entry point as described in section 626.557,
14.12 	subdivision 9b.
14.13 	(b) As required in section 626.557, subdivision 9b, law
14.14 	enforcement is the primary agency to conduct investigations of
14.15 	any incident when there is reason to believe a crime has been
14.16 	committed.  Law enforcement shall initiate a response
14.17 	immediately.  If the common entry point notified a county agency
14.18 	for adult protective services, law enforcement shall cooperate
14.19 	with that county agency when both agencies are involved and
14.20 	shall exchange data to the extent authorized in section 626.557,
14.21 	subdivision 12b, paragraph (g).  County adult protection shall
14.22 	initiate a response immediately.
14.23 	(c) The county social services agency shall immediately
14.24 	respond as required in section 626.557, subdivision 10, upon
14.25 	receipt of a report from the common entry point staff.
14.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.27 	and applies to crimes committed on or after that date.

14.28 	Sec. 10. [152.185] METHAMPHETAMINE AWARENESS AND
14.29 	EDUCATIONAL ACCOUNT; MINNESOTA METH WATCH.
14.30 		Subdivision 1.Account established; educational program.
 14.31 	The methamphetamine awareness and educational account is a
14.32 	special revenue account in the state treasury.  Money in the
14.33 	account is appropriated to the commissioner of public safety to
14.34 	be used to support projects relating to educating retailers and
14.35 	the public on the dangers of methamphetamines and
14.36 	methamphetamine precursor drugs and the laws and regulations
15.1 	governing their use, including an educational initiative
15.2 	entitled "Minnesota meth watch" addressing methamphetamine, its
15.3 	use and manufacture, and the impact of methamphetamine-related
15.4 	activities on children, the environment, and the state's quality
15.5 	of life.
15.6 		Subd. 2.Contributions. The state may accept
15.7 	contributions, gifts, grants, and bequests for deposit into the
15.8 	fund.
15.9 		Subd. 3.Limit. The commissioner of finance may not
15.10 	credit more than $40,000 per year to this account from the
15.11 	surcharge established in section 152.016.  Any money collected
15.12 	from that surcharge in excess of $40,000 must be credited to the
15.13 	general fund.
15.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

15.15 	Sec. 11. Minnesota Statutes 2004, section 168A.05,
15.16 	subdivision 3, is amended to read:
15.17 		Subd. 3.Content of certificate.  Each certificate of
15.18 	title issued by the department shall contain:
15.19 	(1) the date issued;
15.20 	(2) the first, middle, and last names, the dates of birth,
15.21 	and addresses of all owners who are natural persons, the full
15.22 	names and addresses of all other owners;
15.23 	(3) the names and addresses of any secured parties in the
15.24 	order of priority as shown on the application, or if the
15.25 	application is based on a certificate of title, as shown on the
15.26 	certificate, or as otherwise determined by the department;
15.27 	(4) any liens filed pursuant to a court order or by a
15.28 	public agency responsible for child support enforcement against
15.29 	the owner;
15.30 	(5) the title number assigned to the vehicle;
15.31 	(6) a description of the vehicle including, so far as the
15.32 	following data exists, its make, model, year, identifying
15.33 	number, type of body, whether new or used, and if a new vehicle,
15.34 	the date of the first sale of the vehicle for use;
15.35 	(7) with respect to motor vehicles subject to the
15.36 	provisions of section 325E.15, the true cumulative mileage
16.1 	registered on the odometer or that the actual mileage is unknown
16.2 	if the odometer reading is known by the owner to be different
16.3 	from the true mileage;
16.4 	(8) with respect to vehicles subject to sections 325F.6641
16.5 	and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
16.6 	"prior salvage," or "reconstructed"; and 
16.7 	(9) with respect to a vehicle contaminated by
16.8 	methamphetamine production, if the registrar has received the
16.9 	certificate of title and notice described in section 152.0275,
16.10 	subdivision 2, paragraph (f), the term "hazardous waste
16.11 	contaminated vehicle"; and 
16.12 	(10) any other data the department prescribes.
16.13 	
EFFECTIVE DATE. This section is effective July 1, 2005.

16.14 	Sec. 12. [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
16.15 	REVOLVING FUND.
16.16 		Subdivision 1.Definitions. As used in this section:
16.17 	(1) "clandestine lab site" has the meaning given in section
16.18 	152.0275, subdivision 1, paragraph (a);
16.19 	(2) "property" has the meaning given in section 152.0275,
16.20 	subdivision 2, paragraph (a), but does not include motor
16.21 	vehicles; and 
16.22 	(3) "remediate" has the meaning given to remediation in
16.23 	section 152.0275, subdivision 1, paragraph (a).
16.24 		Subd. 2.Fund established. The authority shall establish
16.25 	a methamphetamine laboratory cleanup revolving fund to provide
16.26 	loans to counties and cities to remediate clandestine lab
16.27 	sites.  The fund must be credited with repayments.
16.28 		Subd. 3.Applications. Applications by a county or city
16.29 	for a loan from the fund must be made to the authority on the
16.30 	forms prescribed by the authority.  The application must
16.31 	include, but is not limited to:
16.32 	(1) the amount of the loan requested and the proposed use
16.33 	of the loan proceeds;
16.34 	(2) the source of revenues to repay the loan; and 
16.35 	(3) certification by the county or city that it meets the
16.36 	loan eligibility requirements of subdivision 4.
17.1 		Subd. 4.Loan eligibility. A county or city is eligible
17.2 	for a loan under this section if the county or city:
17.3 	(1) identifies a site or sites designated by a local public
17.4 	health department or law enforcement as a clandestine lab site;
17.5 	(2) has required the site's property owner to remediate the
17.6 	site at cost, under chapter 145A or a local public health
17.7 	nuisance ordinance that addresses clandestine lab remediation;
17.8 	(3) certifies that the property owner cannot pay for the
17.9 	remediation immediately;
17.10 	(4) certifies that the property owner has not properly
17.11 	remediated the site; and 
17.12 	(5) issues a revenue bond payable to the authority to
17.13 	secure the loan.
17.14 		Subd. 5.Use of loan proceeds; reimbursement by property
17.15 	owner. (a) A loan recipient shall use the loan to remediate the
17.16 	clandestine lab site, or, if this has already been done, to
17.17 	reimburse the applicable county or city fund for costs paid by
17.18 	the recipient to remediate the clandestine lab site.
17.19 	(b) A loan recipient shall seek reimbursement from the
17.20 	owner of the property containing the clandestine lab site for
17.21 	the costs of the remediation.  In addition to other lawful means
17.22 	of seeking reimbursement, the loan recipient may recover its
17.23 	costs through a property tax assessment by following the
17.24 	procedures specified in section 145A.08, subdivision 2,
17.25 	paragraph (c).
17.26 		Subd. 6.Award and disbursement of funds. The authority
17.27 	shall award loans to recipients on a first-come, first-served
17.28 	basis, provided that the recipient is able to comply with the
17.29 	terms and conditions of the authority loan, which must be in
17.30 	conformance with this section.  The authority shall make a
17.31 	single disbursement of the loan upon receipt of a payment
17.32 	request that includes a list of remediation expenses and
17.33 	evidence that a second-party sampling was undertaken to ensure
17.34 	that the remediation work was successful or a guarantee that
17.35 	such a sampling will be undertaken.
17.36 		Subd. 7.Loan conditions and terms. (a) When making
18.1 	loans from the revolving fund, the authority shall comply with
18.2 	the criteria in paragraphs (b) to (e).
18.3 	(b) Loans must be made at a two percent per annum interest
18.4 	rate for terms not to exceed ten years unless the recipient
18.5 	requests a 20-year term due to financial hardship.
18.6 	(c) The annual principal and interest payments must begin
18.7 	no later than one year after completion of the cleanup.  Loans
18.8 	must be amortized no later than 20 years after completion of the
18.9 	cleanup.
18.10 	(d) A loan recipient must identify and establish a source
18.11 	of revenue for repayment of the loan and must undertake whatever
18.12 	steps are necessary to collect payments within one year of
18.13 	receipt of funds from the authority.
18.14 	(e) The fund must be credited with all payments of
18.15 	principal and interest on all loans, except the costs as
18.16 	permitted under section 446A.04, subdivision 5, paragraph (a).
18.17 	(f) Loans must be made only to recipients with clandestine
18.18 	lab ordinances that address remediation.
18.19 		Subd. 8.Authority to incur debt. Counties and cities
18.20 	may incur debt under this section by resolution of the board or
18.21 	council authorizing issuance of a revenue bond to the authority.
18.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.

18.23 	Sec. 13. Minnesota Statutes 2004, section 609.1095,
18.24 	subdivision 1, is amended to read:
18.25 		Subdivision 1.Definitions.  (a) As used in this section,
18.26 	the following terms have the meanings given.
18.27 	(b) "Conviction" means any of the following accepted and
18.28 	recorded by the court:  a plea of guilty, a verdict of guilty by
18.29 	a jury, or a finding of guilty by the court.  The term includes
18.30 	a conviction by any court in Minnesota or another jurisdiction.
18.31 	(c) "Prior conviction" means a conviction that occurred
18.32 	before the offender committed the next felony resulting in a
18.33 	conviction and before the offense for which the offender is
18.34 	being sentenced under this section.
18.35 	(d) "Violent crime" means a violation of or an attempt or
18.36 	conspiracy to violate any of the following laws of this state or
19.1 	any similar laws of the United States or any other state:
19.2 	section sections 152.138;609.165; 609.185; 609.19; 609.195;
19.3 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
19.4 	609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
19.5 	609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
19.6 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
19.7 	609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
19.8 	1e; 609.687; 609.855, subdivision 5; any provision of sections
19.9 	609.229; 609.377; 609.378; 609.749; and 624.713 that is
19.10 	punishable by a felony penalty; or any provision of chapter 152
19.11 	that is punishable by a maximum sentence of 15 years or more.
19.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
19.13 	and applies to crimes committed on or after that date.

19.14 	Sec. 14. REQUESTED LEGISLATIVE AUDITOR'S REPORT; DRUG
19.15 	TREATMENT.
 19.16 	(a) The Legislative Audit Commission is requested to direct
19.17 	the legislative auditor to study and issue a report on the
19.18 	efficacy of controlled substance treatment programs for criminal
19.19 	offenders in Minnesota.  The report must include programs
19.20 	offered in state and local correctional facilities and
19.21 	community-based programs.  The auditor shall study the programs
19.22 	offered for each type of controlled substance addiction.  The
19.23 	report must compare the costs of the programs and their success
19.24 	rates.  To the degree feasible, the auditor shall investigate
19.25 	treatment programs offered in other states for controlled
19.26 	substance offenders and compare the breadth and
19.27 	comprehensiveness of the treatment options available in
19.28 	Minnesota, their costs, and their success rates to those in
19.29 	other states.
19.30 	(b) If the Legislative Audit Commission directs the
19.31 	legislative auditor to conduct the study described in paragraph
19.32 	(a), the auditor shall report its findings to the legislature by
19.33 	February 1, 2006.

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

19.35 	Sec. 15. APPROPRIATIONS.
 19.36 		Subdivision 1.Corrections. (a) $....... is appropriated
20.1 	from the general fund for the fiscal year ending June 30, 2006,
20.2 	and $....... is appropriated from the general fund for the
20.3 	fiscal year ending June 30, 2007, to the commissioner of
20.4 	corrections.  Of this amount, $....... the first year is for the
20.5 	report described in paragraph (b); and $....... the first year,
20.6 	and $....... the second year are for increased costs associated
20.7 	with this act.
20.8 	(b) By March 15, 2006, the commissioner shall report to the
20.9 	chairs and ranking minority members of the senate and house
20.10 	committees or divisions having jurisdiction over criminal
20.11 	justice policy and funding on issues related to
20.12 	methamphetamine.  The report must include, but is not limited
20.13 	to, an analysis of the current number of state correctional
20.14 	inmates incarcerated on a methamphetamine-related crime,
20.15 	information on how that number compares to that of recent years,
20.16 	a projection of the number of future state correctional inmates
20.17 	incarcerated on a methamphetamine-related charge, recidivism
20.18 	information for released methamphetamine offenders, the types of
20.19 	treatment offered to methamphetamine offenders in prison and the
20.20 	costs of this treatment, and to the degree possible, the same
20.21 	information described in this section for methamphetamine
20.22 	offenders at the local level.
20.23 		Subd. 2.Public defense. $....... is appropriated from
20.24 	the general fund for the fiscal year ending June 30, 2006, and
20.25 	$....... is appropriated from the general fund for the fiscal
20.26 	year ending June 30, 2007, to the Board of Public Defense.  Of
20.27 	this amount, $....... the first year and $....... the second
20.28 	year are for an increased methamphetamine caseload; and $.......
20.29 	the first year and $....... the second year are for a
20.30 	methamphetamine trial team.
20.31 		Subd. 3.Courts. $....... is appropriated from the
20.32 	general fund for the fiscal year ending June 30, 2006, and
20.33 	$....... is appropriated from the general fund for the fiscal
20.34 	year ending June 30, 2007, to the state court administrator for
20.35 	increased costs associated with this act.
20.36 		Subd. 4.Human services. (a) $....... is appropriated
21.1 	from the general fund for the fiscal year ending June 30, 2006,
21.2 	and $....... is appropriated from the general fund for the
21.3 	fiscal year ending June 30, 2007, to the commissioner of human
21.4 	services for grants to counties or groups of counties to fund
21.5 	three pilot project methamphetamine treatment programs for
21.6 	offenders convicted of methamphetamine-related crimes.
21.7 	(b) The commissioner shall report the following relating to
21.8 	the grants described in paragraph (a) to the chairs and ranking
21.9 	minority members of the senate and house committees or divisions
21.10 	having jurisdiction over human services and criminal justice
21.11 	funding:
21.12 	(1) by February 15, 2006, the commissioner shall report the
21.13 	amount of each grant, who the grant recipient was, and specific
21.14 	information about the treatment program funded, including, but
21.15 	not limited to, the nature of the treatment offered, the
21.16 	structure of the program, and initial information about the
21.17 	completion rate of offenders who entered the program; and 
21.18 	(2) by February 15, 2008, the commissioner shall report
21.19 	information on the success of the pilot programs funded,
21.20 	including recidivism data on offenders who entered the program.
21.21 		Subd. 5.Employment and economic development. $.......
21.22 	is appropriated from the general fund for the fiscal year ending
21.23 	June 30, 2006, and $....... is appropriated from the general
21.24 	fund for the fiscal year ending June 30, 2007, to the
21.25 	commissioner of employment and economic development to carry out
21.26 	the public facilities authority's duties involving the
21.27 	methamphetamine laboratory cleanup revolving fund under
21.28 	Minnesota Statutes, section 446A.083.
21.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

21.30 	Sec. 16. REPEALER.
 21.31 	Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
21.32 	and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
21.33 	5, are repealed.

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