1.1 	A bill for an act
1.2 	relating to public safety; appropriating money for
1.3 	public safety, corrections, various boards, and the
1.4 	courts; making the fee to access public criminal
1.5 	history data on the Internet Web site of the Bureau of
1.6 	Criminal Apprehension permanent; establishing a Gang
1.7 	and Drug Oversight Council; specifying the council's
1.8 	duties and membership; providing for grants; requiring
1.9 	fire safety inspections of various lodging facilities;
1.10 	modifying emergency telecommunications service fee;
1.11 	authorizing revenue bonds; transferring responsibility
1.12 	for youth intervention program; scheduling ephedrine
1.13 	and pseudoephedrine products as Schedule V controlled
1.14 	substances; regulating the sale of methamphetamine
1.15 	precursor drugs; authorizing reporting of suspicious
1.16 	transactions involving these drugs and providing civil
1.17 	immunity for so doing; further regulating while
1.18 	recodifying activities involving anhydrous ammonia;
1.19 	requiring courts to order restitution in certain
1.20 	situations involving controlled substances; imposing
1.21 	property restrictions in certain situations involving
1.22 	controlled substances; increasing the criminal
1.23 	penalties for possessing certain substances with the
1.24 	intent to manufacture methamphetamine and recodifying
1.25 	this crime; establishing new methamphetamine-related
1.26 	crimes; clarifying the definition of "narcotic drug";
1.27 	expanding the definition of "violent crime" for
1.28 	mandatory sentencing purposes; requiring that vehicles
1.29 	and other property used to manufacture methamphetamine
1.30 	indicate this in the title or by an affidavit;
1.31 	imposing criminal penalties; amending Minnesota
1.32 	Statutes 2004, sections 13.87, subdivision 3; 152.01,
1.33 	subdivision 10; 152.02, subdivision 6; 152.021,
1.34 	subdivisions 2a, 3; 152.027, subdivisions 1, 2;
1.35 	152.135, subdivision 2; 171.20, subdivision 4; 171.26;
1.36 	299F.391, subdivision 1; 299F.46, subdivisions 1, 3;
1.37 	357.021, subdivisions 6, 7; 403.11, subdivision 1;
1.38 	403.27, subdivisions 3, 4, by adding subdivisions;
1.39 	403.30, subdivisions 1, 3, by adding subdivisions;
1.40 	609.1095, subdivision 1; 609.119; proposing coding for
1.41 	new law in Minnesota Statutes, chapters 152; 299A;
1.42 	repealing Minnesota Statutes 2004, sections 299A.64;
1.43 	299A.65; 299A.66; 403.30, subdivision 2.
1.44 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	APPROPRIATIONS

2.3 	Section 1. PUBLIC SAFETY APPROPRIATIONS.
 2.4 	The sums shown in the columns marked "APPROPRIATIONS" are
2.5 	appropriated from the general fund, or another named fund, to
2.6 	the agencies and for the purposes specified in this act, to be
2.7 	available for the fiscal years indicated for each purpose.  The
2.8 	figures "2006" and "2007," where used in this act, mean that the
2.9 	appropriation or appropriations listed under them are available
2.10 	for the year ending June 30, 2006, or June 30, 2007,
2.11 	respectively.  The term "first year" means the fiscal year
2.12 	ending June 30, 2006, and the term "second year" means the
2.13 	fiscal year ending June 30, 2007.
2.14 	SUMMARY BY FUND
2.15 	2006          2007           TOTAL
2.16 	General            $  822,484,000 $  845,589,000 $1,668,073,000
2.17 	State Government
2.18 	Special Revenue        44,745,000     35,432,000     80,177,000
2.19 	Environmental Fund         49,000         49,000         98,000
2.20 	Special Revenue
2.21 	Fund                    5,423,000      5,422,000     10,845,000
2.22 	Trunk Highway             361,000        361,000        722,000
2.23 	TOTAL              $  873,062,000 $  886,853,000 $1,759,915,000
2.24 	APPROPRIATIONS
2.25 	                                       Available for the Year
2.26 	                                           Ending June 30
2.27 	                                          2006         2007

2.28 	Sec. 2. SUPREME COURT                37,218,000     37,218,000

2.29 	Sec. 3. COURT OF APPEALS              8,189,000      8,189,000

2.30 	Sec. 4. TRIAL COURTS                230,712,000    234,342,000

2.31 	Sec. 5. TAX COURT                       726,000        726,000

2.32 	Sec. 6. UNIFORM LAWS COMMISSION          39,000         39,000

2.33 	Sec. 7. BOARD ON JUDICIAL STANDARDS     252,000        252,000

2.34 	Sec. 8. BOARD OF PUBLIC DEFENSE      59,403,000     63,251,000

2.35 	Sec. 9. PUBLIC SAFETY
 2.36 		Subdivision 1.Total
2.37 	Appropriation                     $  123,356,000 $  114,030,000
2.38 	Summary by Fund
2.39 	General              77,611,000    77,599,000
3.1 	Special Revenue         590,000       589,000
3.2 	State Government
3.3 	Special Revenue     44,745,000    35,432,000
3.4 	Environmental            49,000        49,000
3.5 	Trunk Highway           361,000       361,000
3.6 	[APPROPRIATIONS FOR PROGRAMS.] The
3.7 	amounts that may be spent from this
3.8 	appropriation for each program are
3.9 	specified in the following subdivisions.
3.10 		Subd. 2.Emergency
3.11 	Management                             2,594,000      2,594,000
3.12 	Summary by Fund
3.13 	General               2,545,000     2,545,000
3.14 	Environmental            49,000        49,000
3.15 	[NONPROFIT AND FAITH-BASED
3.16 	ORGANIZATIONS; ANTITERRORISM GRANTS.]
3.17 	Notwithstanding any law to the
3.18 	contrary, nonprofit and faith-based
3.19 	organizations may apply for and receive
3.20 	any funds or grants, whether federal or
3.21 	state, made available for antiterrorism
3.22 	efforts that are not distributed or
3.23 	encumbered for distribution to public
3.24 	safety entities within a year of
3.25 	receipt by the Department of Public
3.26 	Safety.  These organizations must be
3.27 	considered under the same criteria
3.28 	applicable to any other eligible entity
3.29 	and must be given equal consideration.
3.30 		Subd. 3.Criminal
3.31 	Apprehension                          40,455,000     40,460,000
3.32 	Summary by Fund
3.33 	General              39,647,000    39,653,000
3.34 	Special Revenue         440,000       439,000
3.35 	State Government
3.36 	Special Revenue          7,000         7,000
3.37 	Trunk Highway           361,000       361,000
3.38 	[COOPERATIVE INVESTIGATION OF
3.39 	CROSS-JURISDICTIONAL CRIMINAL
3.40 	ACTIVITY.] $94,000 the first year and
3.41 	$93,000 the second year are
3.42 	appropriated from the Bureau of
3.43 	Criminal Apprehension account in the
3.44 	special revenue fund for grants to
3.45 	local officials for the cooperative
3.46 	investigation of cross-jurisdictional
3.47 	criminal activity.  Any unencumbered
3.48 	balance remaining in the first year
3.49 	does not cancel but is available for
3.50 	the second year.
3.51 	[LABORATORY ACTIVITIES.] $346,000 the
3.52 	first year and $346,000 the second year
3.53 	are appropriated from the Bureau of
3.54 	Criminal Apprehension account in the
4.1 	special revenue fund for laboratory
4.2 	activities.
4.3 	[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
4.4 	Notwithstanding Minnesota Statutes,
4.5 	section 161.20, subdivision 3, $361,000
4.6 	the first year and $361,000 the second
4.7 	year are appropriated from the trunk
4.8 	highway fund for laboratory analysis
4.9 	related to driving-while-impaired cases.
4.10 	[AUTOMATED FINGERPRINT IDENTIFICATION
4.11 	SYSTEM.] $1,533,000 the first year and
4.12 	$2,318,000 the second year are to
4.13 	replace the automated fingerprint
4.14 	identification system (AFIS).
4.15 	[PREDATORY OFFENDER REGISTRATION
4.16 	SYSTEM.] $1,146,000 the first year and
4.17 	$564,000 the second year are to upgrade
4.18 	the predatory offender registration
4.19 	(POR) system and to increase the
4.20 	monitoring and tracking of registered
4.21 	offenders who become noncompliant with
4.22 	the law.
4.23 	[CRIMINAL JUSTICE INFORMATION SYSTEMS
4.24 	(CJIS) AUDIT TRAIL.] $374,000 the first
4.25 	year and $203,000 the second year are
4.26 	for the Criminal Justice Information
4.27 	Systems (CJIS) audit trail.
4.28 	[DNA ANALYSIS OF FELON OFFENDERS.]
4.29 	$659,000 the first year and $670,000
4.30 	the second year are to fund the
4.31 	analyses of biological samples from
4.32 	felon offenders.
4.33 	[LIVESCAN.] $66,000 the first year and
4.34 	$69,000 the second year are to fund the
4.35 	ongoing costs of Livescan.
4.36 	[METHAMPHETAMINE.] $1,000,000 the first
4.37 	year and $1,000,000 the second year are
4.38 	to fund ten new special agent positions
4.39 	for methamphetamine drug enforcement
4.40 	activities.  $40,000 the first year is
4.41 	onetime funding for a methamphetamine
4.42 	awareness program.
4.43 		Subd. 4.Fire Marshal                 2,445,000      2,432,000
4.44 		Subd. 5.Alcohol and
4.45 	Gambling Enforcement                   1,772,000      1,772,000
4.46 	Summary by Fund
4.47 	General               1,622,000     1,622,000
4.48 	Special Revenue         150,000       150,000
4.49 		Subd. 6.Office of
4.50 	Justice Programs                      31,352,000     31,347,000
4.51 	[GANG STRIKE FORCE.] $2,650,000 the
4.52 	first year and $2,650,000 the second
4.53 	year are for grants to the Criminal
4.54 	Gang Strike Force.
4.55 	[CRIME VICTIM ASSISTANCE GRANTS
4.56 	INCREASE.] $532,000 each year is to
5.1 	increase the amount of funding for
5.2 	crime victim assistance grants.  This
5.3 	funding is to ensure that no one
5.4 	judicial district receives greater than
5.5 	a 12 percent overall reduction in state
5.6 	general funding to serve crime victims
5.7 	in fiscal years 2006 and 2007 versus
5.8 	the 2004 allocation.
5.9 	[ADMINISTRATION COSTS.] Up to 2.5
5.10 	percent of the grant funds appropriated
5.11 	in this subdivision may be used to
5.12 	administer the grant program.
5.13 		Subd. 7.911 Emergency
5.14 	Services/ARMER                        44,738,000     35,425,000
5.15 	This appropriation is from the state
5.16 	government special revenue fund for 911
5.17 	emergency telecommunications services.
5.18 	Of the receipts from the emergency
5.19 	telecommunications service fee under
5.20 	Minnesota Statutes, section 403.11,
5.21 	above 50 cents per month in fiscal year
5.22 	2006, up to $6,505,000 of the
5.23 	appropriation in the first year is for
5.24 	prior year obligations to telephone
5.25 	utility companies.  The remainder of
5.26 	the receipts from the emergency
5.27 	telecommunications service fee under
5.28 	Minnesota Statutes, section 403.11,
5.29 	above 50 cents per month in the first
5.30 	year are for costs associated with the
5.31 	Shared Public Safety Radio System and
5.32 	are available until June 30, 2007.

5.33 	Sec. 10. PEACE OFFICER
5.34 	STANDARDS AND TRAINING BOARD (POST)    3,943,000      3,943,000
5.35 	This appropriation is from the peace
5.36 	officer training account in the special
5.37 	revenue fund.  Any new receipts
5.38 	credited to that account in the first
5.39 	year in excess of $3,943,000 must be
5.40 	transferred and credited to the general
5.41 	fund.  Any new receipts credited to
5.42 	that account in the second year in
5.43 	excess of $3,943,000 must be
5.44 	transferred and credited to the general
5.45 	fund.
5.46 	$2,909,000 the first year and
5.47 	$2,909,000 the second year are for
5.48 	reimbursements to local governments for
5.49 	peace officer training costs.

5.50 	Sec. 11. PRIVATE DETECTIVE BOARD        126,000        126,000

5.51 	Sec. 12. HUMAN RIGHTS                 3,490,000      3,490,000

5.52 	Sec. 13. DEPARTMENT OF CORRECTIONS
 5.53 		Subdivision 1.Total
5.54 	Appropriation                        405,172,000    420,811,000
5.55 	Summary by Fund
5.56 	General Fund        404,282,000   419,921,000
5.57 	Special Revenue         890,000       890,000
6.1 	The amounts that may be spent from this
6.2 	appropriation for each program are
6.3 	specified in the following subdivisions.
6.4 		Subd. 2.Correctional
6.5 	Institutions                         289,090,000    304,578,000
6.6 	Summary by Fund
6.7 	General Fund        288,510,000   303,998,000
6.8 	Special Revenue         580,000       580,000
6.9 	[CONTRACTS FOR BEDS AT RUSH CITY.] If
6.10 	the commissioner contracts with other
6.11 	states, local units of government, or
6.12 	the federal government to rent beds in
6.13 	the Rush City Correctional Facility,
6.14 	the commissioner shall charge a per
6.15 	diem under the contract, to the extent
6.16 	possible, that is equal to or greater
6.17 	than the per diem cost of housing
6.18 	Minnesota inmates in the facility.
6.19 		Subd. 3.Operations Support          15,558,000     15,558,000
6.20 	Summary by Fund
6.21 	General Fund         15,348,000    15,348,000
6.22 	Special Revenue         210,000       210,000
6.23 		Subd. 4.Community Services         100,524,000    100,675,000
6.24 	Summary by Fund
6.25 	General Fund        100,424,000   100,575,000
6.26 	Special Revenue         100,000       100,000

6.27 	Sec. 14. SENTENCING GUIDELINES          436,000        436,000

6.28 	ARTICLE 2
6.29 	PUBLIC SAFETY LAW CHANGES

6.30 	Section 1. Minnesota Statutes 2004, section 13.87,
6.31 	subdivision 3, is amended to read:
6.32 		Subd. 3.Internet access.  (a) The Bureau of Criminal
6.33 	Apprehension shall establish and maintain an Internet Web site
6.34 	containing public criminal history data by July 1, 2004.
6.35 	(b) Notwithstanding section 13.03, subdivision 3, paragraph
6.36 	(a), the bureau may charge a fee for Internet access to public
6.37 	criminal history data ~~provided through August 1, 2005.  The fee~~
6.38 	~~may not exceed~~ of $5 per ~~inquiry or the amount needed to recoup~~
6.39 	~~the actual cost of implementing and providing Internet access,~~
6.40 	~~whichever is less.  Fees collected must be deposited in the~~
6.41 	~~general fund as a nondedicated receipt~~ name searched.  The
6.42 	superintendent of the Bureau of Criminal Apprehension shall
7.1 	collect the fee and the receipts shall be directed to the
7.2 	noncriminal background account in the special revenue fund.
7.3 	(c) The Web site must include a notice to the subject of
7.4 	data of the right to contest the accuracy or completeness of
7.5 	data, as provided under section 13.04, subdivision 4, and
7.6 	provide a telephone number and address that the subject may
7.7 	contact for further information on this process.
7.8 	(d) The Web site must include the effective date of data
7.9 	that is posted.
7.10 	(e) The Web site must include a description of the types of
7.11 	criminal history data not available on the site, including
7.12 	arrest data, juvenile data, criminal history data from other
7.13 	states, federal data, data on convictions where 15 years have
7.14 	elapsed since discharge of the sentence, and other data that are
7.15 	not accessible to the public.
7.16 	(f) A person who intends to access the Web site to obtain
7.17 	information regarding an applicant for employment, housing, or
7.18 	credit must disclose to the applicant the intention to do so.
7.19 	The Web site must include a notice that a person obtaining such
7.20 	access must notify the applicant when a background check using
7.21 	this Web site has been conducted.
7.22 	(g) This subdivision does not create a civil cause of
7.23 	action on behalf of the data subject.
7.24 	~~(h) This subdivision expires July 31, 2007.~~

7.25 	Sec. 2. Minnesota Statutes 2004, section 171.20,
7.26 	subdivision 4, is amended to read:
7.27 		Subd. 4.Reinstatement fee.  (a) Before the license is
7.28 	reinstated, (1) a person whose driver's license has been
7.29 	suspended under section 171.16, ~~subdivision~~ subdivisions 2 and
7.30 	3; 171.18~~, except subdivision 1, clause (10)~~; or 171.182, or who
7.31 	has been disqualified from holding a commercial driver's license
7.32 	under section 171.165, and (2) a person whose driver's license
7.33 	has been suspended under section 171.186 and who is not exempt
7.34 	from such a fee, must pay a fee of $20.
7.35 	(b) Before the license is reinstated, a person whose
7.36 	license has been suspended under sections 169.791 to 169.798
8.1 	must pay a $20 reinstatement fee.
8.2 	(c) When fees are collected by a licensing agent appointed
8.3 	under section 171.061, a handling charge is imposed in the
8.4 	amount specified under section 171.061, subdivision 4.  The
8.5 	reinstatement fee and surcharge must be deposited in an approved
8.6 	state depository as directed under section 171.061, subdivision
8.7 	4.
8.8 	(d) Reinstatement fees collected under paragraph (a) for
8.9 	suspensions under sections 171.16, subdivision 3, and 171.18,
8.10 	subdivision 1, clause (10), shall be deposited in the special
8.11 	revenue fund and are appropriated to the Peace Officer Standards
8.12 	and Training Board for peace officer training reimbursement to
8.13 	local units of government.
8.14 	(e) A suspension may be rescinded without fee for good
8.15 	cause.

8.16 	Sec. 3. Minnesota Statutes 2004, section 171.26, is
8.17 	amended to read:
8.18 	171.26 MONEY CREDITED TO FUNDS.
8.19 	All money received under this chapter must be paid into the
8.20 	state treasury and credited to the trunk highway fund, except as
8.21 	provided in sections 171.06, subdivision 2a; 171.07, subdivision
8.22 	11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
8.23 	paragraph (d);and 171.29, subdivision 2, paragraph (b).

8.24 	Sec. 4. [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
8.25 		Subdivision 1.Oversight council established. The Gang
8.26 	and Drug Oversight Council is established to provide guidance
8.27 	related to the investigation and prosecution of gang and drug
8.28 	crime.
8.29 		Subd. 2.Membership. The oversight council shall consist
8.30 	of the following individuals or their designees:
8.31 	(1) the director of the office of special investigations,
8.32 	as the representative of the commissioner of corrections;
8.33 	(2) the superintendent of the Bureau of Criminal
8.34 	Apprehension as the representative of the commissioner of public
8.35 	safety;
8.36 	(3) the attorney general;
9.1 	(4) eight chiefs of police, selected by the Minnesota
9.2 	Chiefs of Police Association, two of which must be selected from
9.3 	cities with populations greater than 200,000;
9.4 	(5) eight sheriffs, selected by the Minnesota Sheriffs
9.5 	Association to represent each district, two sheriffs from
9.6 	counties with populations greater than 500,000;
9.7 	(6) the United States attorney for the district of
9.8 	Minnesota;
9.9 	(7) two county attorneys, selected by the Minnesota County
9.10 	Attorneys Association;
9.11 	(8) a command-level representative of a gang strike force;
9.12 	(9) a representative from a drug task force, selected by
9.13 	the Minnesota State Association of Narcotics Investigators;
9.14 	(10) a representative from the United States Drug
9.15 	Enforcement Administration;
9.16 	(11) a representative from the United States Bureau of
9.17 	Alcohol, Tobacco, and Firearms;
9.18 	(12) a representative from the Federal Bureau of
9.19 	Investigation; and 
9.20 	(13) two additional members who may be selected by the
9.21 	oversight council.
9.22 	The oversight council may adopt procedures to govern its conduct
9.23 	as necessary and may select a chair from among its members.
9.24 	Subd. 3.[OVERSIGHT COUNCIL'S DUTIES.] The oversight
9.25 	council shall develop an overall strategy to ameliorate the harm
9.26 	caused to the public by gang and drug crime within the state of
9.27 	Minnesota.  This strategy may include the development of
9.28 	protocols and procedures to investigate gang and drug crime and
9.29 	a structure for best addressing these issues in a
9.30 	multijurisdictional manner.  Additionally, the oversight council
9.31 	shall:
9.32 	(1) identify and recommend a candidate or candidates for
9.33 	statewide coordinator to the commissioner of public safety;
9.34 	(2) establish multijurisdictional task forces and strike
9.35 	forces to combat gang and drug crime, to include a metro gang
9.36 	strike force;
10.1 	(3) assist the Department of Public Safety in developing an
10.2 	objective grant review application process that is free from
10.3 	conflicts of interests;
10.4 	(4) make funding recommendations to the commissioner of
10.5 	public safety on grants to support efforts to combat gang and
10.6 	drug crime;
10.7 	(5) assist in developing a process to collect and share
10.8 	information to improve the investigation and prosecution of drug
10.9 	offenses;
10.10 	(6) develop and approve an operational budget for the
10.11 	office of the statewide coordinator and the oversight council;
10.12 	and 
10.13 	(7) adopt the criteria specified in section 299C.091 for
10.14 	use in determining whether individuals are or may be members of
10.15 	gangs involved in criminal activity.
10.16 		Subd. 4.Statewide coordinator. The current gang strike
10.17 	force commander shall serve as a transition coordinator until
10.18 	July 1, 2006, at which time the commissioner of public safety
10.19 	shall appoint a statewide coordinator as recommended by the
10.20 	oversight council.  The coordinator serving in the unclassified
10.21 	service shall:
10.22 	(1) coordinate and monitor all multijurisdictional gang and
10.23 	drug enforcement activities;
10.24 	(2) facilitate local efforts and ensure statewide
10.25 	coordination with efforts to combat gang and drug crime;
10.26 	(3) facilitate training for personnel;
10.27 	(4) monitor compliance with investigative protocols; and 
10.28 	(5) implement an outcome evaluation and data quality
10.29 	control process.
10.30 		Subd. 5.Participating officers; employment status. All
10.31 	participating law enforcement officers must be licensed peace
10.32 	officers as defined by section 626.84, subdivision 1, or
10.33 	qualified federal law enforcement officers as defined in section
10.34 	626.8453.  Participating officers remain employees of the same
10.35 	entity that employed them before joining any multijurisdictional
10.36 	entity established under this section.  Participating officers
11.1 	are not employees of the state.
11.2 		Subd. 6.Jurisdiction and powers. Law enforcement
11.3 	officers participating in any multijurisdictional entity
11.4 	established under this section have statewide jurisdiction to
11.5 	conduct criminal investigations and have the same powers of
11.6 	arrest as those possessed by a sheriff.
11.7 		Subd. 7.Grants authorized. The commissioner of public
11.8 	safety, upon recommendation of the council, may make grants to
11.9 	state and local units of government to combat gang and drug
11.10 	crime.
11.11 		Subd. 8.Oversight council is permanent. Notwithstanding
11.12 	section 15.059, this section does not expire.
11.13 		Subd. 9.Funding. Participating agencies may accept
11.14 	lawful grants or contributions from any federal source or legal
11.15 	business or entity.
11.16 		Subd. 10.Role of the attorney general. The attorney
11.17 	general or a designee shall generally advise on any matters that
11.18 	the oversight council deems appropriate.
11.19 		Subd. 11.Attorney general; community liaison. (a) The
11.20 	attorney general or a designee shall serve as a liaison between
11.21 	the oversight council and the councils created in sections
11.22 	3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or
11.23 	designee will be responsible for:
11.24 	(1) informing the councils of the plans, activities, and
11.25 	decisions and hearing their reactions to those plans,
11.26 	activities, and decisions; and 
11.27 	(2) providing the oversight council with the council's
11.28 	position on the oversight council's plan, activities, and
11.29 	decisions.
11.30 	(b) In no event is the oversight council required to
11.31 	disclose the names of individuals identified by it to the
11.32 	councils referenced in this subdivision.
11.33 	(c) Nothing in this subdivision changes the data
11.34 	classification of any data held by the oversight council.

11.35 	Sec. 5. Minnesota Statutes 2004, section 299F.391,
11.36 	subdivision 1, is amended to read:
12.1 		Subdivision 1.Definitions.  For purposes of this section
12.2 	the following definitions shall apply:
12.3 	(a) ~~"Lodging house" means any building or portion thereof~~
12.4 	~~containing not more than five guest rooms which are used or~~
12.5 	~~intended to be used for sleeping purposes by guests and where~~
12.6 	~~rent is paid in money, goods, labor or otherwise~~ "Dormitory"
12.7 	means all or a portion of a building containing one or more
12.8 	rooms for group sleeping or closely associated rooms used for
12.9 	sleeping.
12.10 	(b) "Hospital" has the meaning given it in section 144.50.
12.11 	(c) "Hotel" means ~~any building or portion thereof~~
12.12 	~~containing six or more guest rooms intended or designed to be~~
12.13 	~~used, or which are~~ a hotel, motel, resort, boarding house, bed
12.14 	and breakfast, furnished apartment house, or other building that
12.15 	is kept,used, ~~rented, hired out to be occupied, or which are~~
12.16 	~~occupied for~~ advertised, or held out to the public as a place
12.17 	where sleeping ~~purposes by~~ or housekeeping accommodations are
12.18 	supplied for pay to guests~~, and which is required to be licensed~~
12.19 	~~pursuant to chapter 157~~ for transient occupancy.
12.20 	(d) "Nursing home" has the meaning given it in section
12.21 	144A.01.
12.22 	~~(e) "School" means any public or private school or~~
12.23 	~~educational institution.~~

12.24 	Sec. 6. Minnesota Statutes 2004, section 299F.46,
12.25 	subdivision 1, is amended to read:
12.26 		Subdivision 1.~~hotel~~ inspection of hotels and other
12.27 	lodging facilities.  (a) ~~It shall be the duty of~~ The
12.28 	commissioner of public safety ~~to~~ shall inspect~~,~~or ~~cause to~~
12.29 	~~be~~ have inspected~~,~~at least once every three years~~,~~every hotel
12.30 	~~in this state;~~and~~,~~other lodging facility with five or more
12.31 	guest rooms; dormitories; youth or family camps; and juvenile
12.32 	group home buildings.For that purpose, the commissioner~~, or~~
12.33 	~~the commissioner's deputies or designated alternates or agents,~~
12.34 	~~shall have the right to~~ may enter or ~~have~~ access ~~thereto~~ 
12.35 	lodging facility buildings at any reasonable hour~~; and, when,~~
12.36 	~~upon such inspection, it shall be found that the hotel so~~
13.1 	~~inspected does not conform to or is not being operated in~~
13.2 	~~accordance with the provisions of sections 157.011 and 157.15 to~~
13.3 	~~157.22, in so far as the same relate to fire prevention or fire~~
13.4 	~~protection of hotels, or the rules promulgated thereunder, or is~~
13.5 	~~being~~ .  These buildings must be maintained or operated in ~~such~~
13.6 	~~manner as to violate the Minnesota~~ accordance with the State
13.7 	Fire Code promulgated pursuant to section 299F.011 or any other
13.8 	law of this state relating to fire prevention and fire
13.9 	protection ~~of hotels, the commissioner and the deputies or~~
13.10 	~~designated alternates or agents shall report such a situation to~~
13.11 	~~the hotel inspector who shall proceed as provided for in chapter~~
13.12 	~~157~~.
13.13 	(b) The ~~word~~ words "hotel"~~,~~and "dormitory," as used in
13.14 	this ~~subdivision, has~~ section, have the ~~meaning~~ meanings given
13.15 	in section 299F.391.

13.16 	Sec. 7. Minnesota Statutes 2004, section 299F.46,
13.17 	subdivision 3, is amended to read:
13.18 		Subd. 3.Inspection fees; hotels and dormitories.  (a)
13.19 	For each hotel or dormitory with 35 or more rooms and required
13.20 	to have a fire inspection according to subdivision 1, the
13.21 	commissioner of public safety may charge ~~each hotel~~ a triennial
13.22 	inspection fee of $435 and a per-room charge of $5 for one to 18
13.23 	units, $6 for 19 to 35 units, $7 for 36 to 100 units, and $8 for
13.24 	100 or more units, or a per bed charge of 50 cents for beds in a
13.25 	group sleeping area. ~~The fee includes one follow-up~~
13.26 	~~inspection.~~The commissioner shall charge each resort not
13.27 	classified as class 1c property under section 273.13a triennial
13.28 	inspection fee of $435 and a per-room charge of $5 for one to
13.29 	ten units, $6 for 11 to 25 units, and $7 for 26 or more
13.30 	units. These fees include one follow-up inspection.
13.31 	The commissioner shall charge a fee of $225 for each additional
13.32 	follow-up inspection for ~~hotels and resorts~~ these buildings,
13.33 	conducted in each three-year cycle that is necessary to bring
13.34 	the ~~hotel or resort~~ building into compliance with the State Fire
13.35 	Code.
13.36 	(b) For each hotel or dormitory with fewer than 35 rooms
14.1 	and each resort classified as class 1c property under section
14.2 	273.13 and required to have a fire inspection according to
14.3 	subdivision 1, the commissioner of public safety may charge a
14.4 	triennial inspection fee of $217.50 and a per-room charge of $3
14.5 	for a hotel or dormitory, and a per-cabin charge of $2.50, or a
14.6 	per-bed charge of fifty cents per bed in group sleeping areas.
14.7 	These fees include one follow-up inspection.  The commissioner
14.8 	shall charge a fee of $112.50 for each additional follow-up
14.9 	inspection for these buildings, conducted in each three-year
14.10 	cycle that is necessary to bring the building into compliance
14.11 	with the State Fire Code.
14.12 	(c) Nothing in this subdivision prevents the
14.13 	designated local government agent, as defined in subdivision 2,
14.14 	from continuing to charge an established inspection fee or from
14.15 	establishing a new inspection fee.
14.16 	~~(c) Hotels and motels with fewer than 35 rooms and resorts~~
14.17 	~~classified as 1c under section 273.13 are exempt from the fee~~
14.18 	~~requirements of this subdivision.~~

14.19 	Sec. 8. Minnesota Statutes 2004, section 357.021,
14.20 	subdivision 6, is amended to read:
14.21 		Subd. 6.Surcharges on criminal and traffic offenders.
 14.22 	(a) The court shall impose and the court administrator shall
14.23 	collect a ~~$60~~ $70 surcharge on every person convicted of any
14.24 	felony, gross misdemeanor, misdemeanor, or petty misdemeanor
14.25 	offense, other than a violation of a law or ordinance relating
14.26 	to vehicle parking, for which there shall be a $3 surcharge.  In
14.27 	the Second Judicial District, the court shall impose, and the
14.28 	court administrator shall collect, an additional $1 surcharge on
14.29 	every person convicted of any felony, gross misdemeanor, or
14.30 	petty misdemeanor offense, other than a violation of a law or
14.31 	ordinance relating to vehicle parking, if the Ramsey County
14.32 	Board of Commissioners authorizes the $1 surcharge.  The
14.33 	surcharge shall be imposed whether or not the person is
14.34 	sentenced to imprisonment or the sentence is stayed.
14.35 	(b) If the court fails to impose a surcharge as required by
14.36 	this subdivision, the court administrator shall show the
15.1 	imposition of the surcharge, collect the surcharge and correct
15.2 	the record.
15.3 	(c) The court may not waive payment of the surcharge
15.4 	required under this subdivision.  Upon a showing of indigency or
15.5 	undue hardship upon the convicted person or the convicted
15.6 	person's immediate family, the sentencing court may authorize
15.7 	payment of the surcharge in installments.
15.8 	(d) The court administrator or other entity collecting a
15.9 	surcharge shall forward it to the commissioner of finance.
15.10 	(e) If the convicted person is sentenced to imprisonment
15.11 	and has not paid the surcharge before the term of imprisonment
15.12 	begins, the chief executive officer of the correctional facility
15.13 	in which the convicted person is incarcerated shall collect the
15.14 	surcharge from any earnings the inmate accrues from work
15.15 	performed in the facility or while on conditional release.  The
15.16 	chief executive officer shall forward the amount collected to
15.17 	the commissioner of finance.

15.18 	Sec. 9. Minnesota Statutes 2004, section 357.021,
15.19 	subdivision 7, is amended to read:
15.20 		Subd. 7.Disbursement of surcharges by commissioner of
15.21 	finance.  (a) Except as provided in paragraphs (b), (c), and
15.22 	(d), the commissioner of finance shall disburse surcharges
15.23 	received under subdivision 6 and section 97A.065, subdivision 2,
15.24 	as follows:
15.25 	(1) one percent shall be credited to the game and fish fund
15.26 	to provide peace officer training for employees of the
15.27 	Department of Natural Resources who are licensed under sections
15.28 	626.84 to 626.863, and who possess peace officer authority for
15.29 	the purpose of enforcing game and fish laws;
15.30 	(2) 39 percent shall be credited to the peace officers
15.31 	training account in the special revenue fund; and
15.32 	(3) 60 percent shall be credited to the general fund.
15.33 	(b) The commissioner of finance shall credit $3 of each
15.34 	surcharge received under subdivision 6 and section 97A.065,
15.35 	subdivision 2, to the general fund.
15.36 	(c) In addition to any amounts credited under paragraph
16.1 	(a), the commissioner of finance shall credit ~~$32~~ $42 of each
16.2 	surcharge received under subdivision 6 and section 97A.065,
16.3 	subdivision 2, and the $3 parking surcharge, to the general fund.
16.4 	(d) If the Ramsey County Board of Commissioners authorizes
16.5 	imposition of the additional $1 surcharge provided for in
16.6 	subdivision 6, paragraph (a), the court administrator in the
16.7 	Second Judicial District shall withhold $1 from each surcharge
16.8 	collected under subdivision 6.  The court administrator must use
16.9 	the withheld funds solely to fund the petty misdemeanor
16.10 	diversion program administered by the Ramsey County Violations
16.11 	Bureau.  The court administrator must transfer any unencumbered
16.12 	portion of the funds received under this subdivision to the
16.13 	commissioner of finance for distribution according to paragraphs
16.14 	(a) to (c).

16.15 	Sec. 10. Minnesota Statutes 2004, section 403.11,
16.16 	subdivision 1, is amended to read:
16.17 		Subdivision 1.Emergency telecommunications service fee.
 16.18 	(a) Each customer of a wireless or wire-line telecommunications
16.19 	service provider that furnishes service capable of originating a
16.20 	911 emergency telephone call is assessed a fee to cover the
16.21 	costs of ongoing maintenance and related improvements for
16.22 	trunking and central office switching equipment for 911
16.23 	emergency telecommunications service, plus administrative and
16.24 	staffing costs of the commissioner related to managing the 911
16.25 	emergency telecommunications service program.  Recurring charges
16.26 	by a wire-line telecommunications service provider for updating
16.27 	the information required by section 403.07, subdivision 3, must
16.28 	be paid by the commissioner if the wire-line telecommunications
16.29 	service provider is included in an approved 911 plan and the
16.30 	charges are made pursuant to tariff, price list, or contract.
16.31 	The fee assessed under this section must also be used for the
16.32 	purpose of offsetting the costs, including administrative and
16.33 	staffing costs, incurred by the State Patrol Division of the
16.34 	Department of Public Safety in handling 911 emergency calls made
16.35 	from wireless phones.
16.36 	(b) Money remaining in the 911 emergency telecommunications
17.1 	service account after all other obligations are paid must not
17.2 	cancel and is carried forward to subsequent years and may be
17.3 	appropriated from time to time to the commissioner to provide
17.4 	financial assistance to counties for the improvement of local
17.5 	emergency telecommunications services.  The improvements may
17.6 	include providing access to 911 service for telecommunications
17.7 	service subscribers currently without access and upgrading
17.8 	existing 911 service to include automatic number identification,
17.9 	local location identification, automatic location
17.10 	identification, and other improvements specified in revised
17.11 	county 911 plans approved by the commissioner.
17.12 	(c) Until June 30, 2006,the fee may not be less than eight
17.13 	cents nor more than ~~40~~ 65 cents a month for each customer access
17.14 	line or other basic access service, including trunk equivalents
17.15 	as designated by the Public Utilities Commission for access
17.16 	charge purposes and including wireless telecommunications
17.17 	services. Effective July 1, 2006, the fee may not be less than
17.18 	eight cents nor more than 50 cents a month for each customer
17.19 	access line or other basic access service, including trunk
17.20 	equivalents as designated by the commission for access charge
17.21 	purposes and including wireless telecommunications services.
17.22 	With the approval of the commissioner of finance, the
17.23 	commissioner of public safety shall establish the amount of the
17.24 	fee within the limits specified and inform the companies and
17.25 	carriers of the amount to be collected.  When the revenue bonds
17.26 	authorized under section 403.27, subdivision 1, have been fully
17.27 	paid or defeased, the commissioner shall reduce the fee to
17.28 	reflect that debt service on the bonds is no longer needed.  The
17.29 	commissioner shall provide companies and carriers a minimum of
17.30 	45 days' notice of each fee change.  The fee must be the same
17.31 	for all customers.
17.32 	(d) The fee must be collected by each wireless or wire-line
17.33 	telecommunications service provider subject to the fee.  Fees
17.34 	are payable to and must be submitted to the commissioner monthly
17.35 	before the 25th of each month following the month of collection,
17.36 	except that fees may be submitted quarterly if less than $250 a
18.1 	month is due, or annually if less than $25 a month is due.
18.2 	Receipts must be deposited in the state treasury and credited to
18.3 	a 911 emergency telecommunications service account in the
18.4 	special revenue fund.  The money in the account may only be used
18.5 	for 911 telecommunications services.
18.6 	(e) This subdivision does not apply to customers of
18.7 	interexchange carriers.
18.8 	(f) The installation and recurring charges for integrating
18.9 	wireless 911 calls into enhanced 911 systems must be paid by the
18.10 	commissioner if the 911 service provider is included in the
18.11 	statewide design plan and the charges are made pursuant to
18.12 	tariff, price list, or contract.

18.13 	Sec. 11. Minnesota Statutes 2004, section 403.27, is
18.14 	amended by adding a subdivision to read:
18.15 		Subd. 1a.Authorization; third phase. The commissioner
18.16 	of finance, if requested by a vote of at least two-thirds of all
18.17 	of the members of the Statewide Radio Board, may authorize the
18.18 	issuance of revenue bonds or other debt instrument for any of
18.19 	the following purposes to:
18.20 	(1) provide funds for the elements of the third phase of
18.21 	the statewide public safety radio communication system that the
18.22 	board determines are of regional or statewide benefit and
18.23 	support mutual aid and emergency medical services communication
18.24 	including, but not limited to, costs of master controllers of
18.25 	the backbone;
18.26 	(2) provide funds for the third phase of the public safety
18.27 	radio communication system; and 
18.28 	(3) refund bonds issued under this section.

18.29 	Sec. 12. Minnesota Statutes 2004, section 403.27,
18.30 	subdivision 3, is amended to read:
18.31 		Subd. 3.Limitations.  (a) The principal amount of the
18.32 	bonds issued pursuant to subdivision 1, exclusive of any
18.33 	original issue discount, shall not exceed the amount of
18.34 	$10,000,000 plus the amount the council determines necessary to
18.35 	pay the costs of issuance, fund reserves, debt service, and pay
18.36 	for any bond insurance or other credit enhancement.
19.1 	(b) In addition to the amount authorized under paragraph
19.2 	(a), the council may issue bonds under subdivision 1 in a
19.3 	principal amount of $3,306,300, plus the amount the council
19.4 	determines necessary to pay the cost of issuance, fund reserves,
19.5 	debt service, and any bond insurance or other credit
19.6 	enhancement.  The proceeds of bonds issued under this paragraph
19.7 	may not be used to finance portable or subscriber radio sets.
19.8 	(c) ~~In addition to the amount authorized under paragraphs~~
19.9 	~~(a) and (b), the council may issue bonds under subdivision 1 in~~
19.10 	~~a principal amount of $18,000,000, plus the amount the council~~
19.11 	~~determines necessary to pay the costs of issuance, fund~~
19.12 	~~reserves, debt service, and any bond insurance or other credit~~
19.13 	~~enhancement.  The proceeds of bonds issued under this paragraph~~
19.14 	~~must be used to pay up to 50 percent of the cost to a local~~
19.15 	~~government unit of building a subsystem and may not be used to~~
19.16 	~~finance portable or subscriber radio sets.  The bond proceeds~~
19.17 	~~may be used to make improvements to an existing 800 MHz radio~~
19.18 	~~system that will interoperate with the regionwide public safety~~
19.19 	~~radio communication system, provided that the improvements~~
19.20 	~~conform to the board's plan and technical standards.  The~~
19.21 	~~council must time the sale and issuance of the bonds so that the~~
19.22 	~~debt service on the bonds can be covered by the additional~~
19.23 	~~revenue that will become available in the fiscal year ending~~
19.24 	~~June 30, 2005, generated under section 403.11 and appropriated~~
19.25 	~~under section 403.30.~~
19.26 	~~(d) In addition to the amount authorized under paragraphs~~
19.27 	~~(a) to (c),~~The ~~council~~ commissioner of finance may issue bonds
19.28 	or other debt instrument under subdivision ~~1~~ 1a in a principal
19.29 	amount of up to ~~$27,000,000~~ $45,000,000, plus the amount the
19.30 	~~council~~ commissioner of finance determines necessary to pay the
19.31 	costs of issuance, fund reserves, debt service, and any bond
19.32 	insurance or other credit enhancement.  The proceeds of bonds
19.33 	issued under this paragraph are appropriated to the commissioner
19.34 	of public safety for phase three of the public safety radio
19.35 	communication system. ~~In anticipation of the receipt by the~~
19.36 	~~commissioner of public safety of the bond proceeds, the~~
20.1 	~~Metropolitan Radio Board may advance money from its operating~~
20.2 	~~appropriation to the commissioner of public safety to pay for~~
20.3 	~~design and preliminary engineering for phase three.  The~~
20.4 	~~commissioner of public safety must return these amounts to the~~
20.5 	~~Metropolitan Radio Board when the bond proceeds are received.~~

20.6 	Sec. 13. Minnesota Statutes 2004, section 403.27,
20.7 	subdivision 4, is amended to read:
20.8 		Subd. 4.Security.  The bonds issued under subdivision 1 
20.9 	may be secured by a bond resolution or a trust indenture entered
20.10 	into by the council with a corporate trustee within or outside
20.11 	the state which shall define the fee pledged for the payment and
20.12 	security of the bonds and for payment of all necessary and
20.13 	reasonable debt service expenses until all the bonds referred to
20.14 	in subdivision 1 are fully paid or discharged in accordance with
20.15 	law.  The pledge shall be a valid charge on the emergency
20.16 	telephone service fee provided in chapter 403.  No mortgage of
20.17 	or security interest in any tangible real or personal property
20.18 	shall be granted to the bondholders or the trustee, but they
20.19 	shall have a valid security interest in the revenues and bond
20.20 	proceeds received by the council and pledged to the payment of
20.21 	the bonds as against the claims of all persons in tort,
20.22 	contract, or otherwise, irrespective of whether the parties have
20.23 	notice and without possession or filing as provided in the
20.24 	Uniform Commercial Code, or any other law, subject however to
20.25 	the rights of the holders of any general obligation bonds issued
20.26 	under section 403.32.  In the bond resolution or trust
20.27 	indenture, the council may make covenants as it determines to be
20.28 	reasonable for the protection of the bondholders.
20.29 	Neither the council, nor any council member, officer,
20.30 	employee, or agent of the council, nor any person executing the
20.31 	bonds shall be liable personally on the bonds by reason of their
20.32 	issuance.  The bonds are not payable from, and are not a charge
20.33 	upon, any funds other than the revenues and bond proceeds
20.34 	pledged to their payment.  The council is not subject to any
20.35 	liability on the bonds and has no power to obligate itself to
20.36 	pay or to pay the bonds from funds other than the revenues and
21.1 	bond proceeds pledged.  No holder of bonds has the right to
21.2 	compel any exercise of the taxing power of the council, except
21.3 	any deficiency tax levy the council covenants to certify under
21.4 	section 403.31, or any other public body, to the payment of
21.5 	principal of or interest on the bonds.  No holder of bonds has
21.6 	the right to enforce payment of principal or interest against
21.7 	any property of the council or other public body other than that
21.8 	expressly pledged for the payment of the bonds.

21.9 	Sec. 14. Minnesota Statutes 2004, section 403.27, is
21.10 	amended by adding a subdivision to read:
21.11 		Subd. 5.Security. The bonds or other debt instrument
21.12 	issued under subdivision 1a may be secured by a bond resolution
21.13 	or a trust indenture entered into by the commissioner of finance
21.14 	with a corporate trustee within or outside the state which shall
21.15 	define the fee pledged for the payment and security of the bonds
21.16 	or other debt instrument and for payment of all necessary and
21.17 	reasonable debt service expenses until all the bonds or other
21.18 	debt instruments referred to in subdivision 1a are fully paid or
21.19 	discharged in accordance with law.  The pledge shall be a valid
21.20 	charge on the emergency telephone service fee provided in this
21.21 	chapter.  The bonds or other debt instrument shall have a valid
21.22 	security interest in the revenues and proceeds received by the
21.23 	commissioner of finance and pledged to the payment of the bonds
21.24 	or other debt instrument as against the claims of all persons in
21.25 	tort, contract, or otherwise, irrespective of whether the
21.26 	parties have notice and without possession or filing as provided
21.27 	in the Uniform Commercial Code, or any other law.  In the bond
21.28 	resolution or trust indenture, the commissioner of finance may
21.29 	make covenants as may be reasonable for the protection of the
21.30 	bondholders or other creditor.
21.31 	The bonds or other debt instrument are not payable from,
21.32 	and are not a charge upon, any funds other than the revenues and
21.33 	bond or other debt instrument proceeds pledged to their
21.34 	payment.  The state of Minnesota is not subject to any liability
21.35 	on the bonds and the commissioner of finance has no power to
21.36 	obligate the state of Minnesota to pay or to pay the bonds or
22.1 	other debt instruments from funds other than the revenues and
22.2 	debt instrument proceeds pledged.  No holder of bonds has the
22.3 	right to compel any exercise of the taxing power of the state of
22.4 	Minnesota, except any deficiency tax levy the commissioner is
22.5 	authorized to certify under section 403.31, or any other public
22.6 	body, to the payment of principal of or interest on the bonds or
22.7 	other debt instrument.  No holder of bonds has the right to
22.8 	enforce payment of principal or interest against any property of
22.9 	the state of Minnesota or other public body other than that
22.10 	expressly pledged for the payment of the bonds or other debt
22.11 	instrument.

22.12 	Sec. 15. Minnesota Statutes 2004, section 403.30,
22.13 	subdivision 1, is amended to read:
22.14 		Subdivision 1.Standing appropriation; costs covered.
 22.15 	For each fiscal year beginning with the fiscal year commencing
22.16 	July 1, 1997, the amount necessary to pay the following costs is
22.17 	appropriated to the commissioner of public safety from the 911
22.18 	emergency telecommunications service account established under
22.19 	section 403.11:
22.20 	(1) debt service costs and reserves for bonds issued
22.21 	pursuant to section 403.27, subdivision 1; and 
22.22 	(2) ~~repayment of the right-of-way acquisition loans;~~
22.23 	~~(3) costs of design, construction, maintenance of, and~~
22.24 	~~improvements to those elements of the first, second, and third~~
22.25 	~~phases that support mutual aid communications and emergency~~
22.26 	~~medical services;~~
22.27 	~~(4) recurring charges for leased sites and equipment for~~
22.28 	~~those elements of the first, second, and third phases that~~
22.29 	~~support mutual aid and emergency medical communication services;~~
22.30 	~~or~~ 
22.31 	~~(5) aid to local units of government for sites and~~
22.32 	~~equipment in support of mutual aid and emergency medical~~
22.33 	~~communications services~~ cost authorized under subdivision 1a.
22.34 	This appropriation shall be used to pay annual debt service
22.35 	costs and reserves for bonds issued pursuant to section 403.27,
22.36 	subdivision 1,prior to use of fee money to pay other costs
23.1 	eligible under this subdivision.  In no event shall the
23.2 	appropriation for each fiscal year exceed an amount equal to
23.3 	four cents a month for each customer access line or other basic
23.4 	access service, including trunk equivalents as designated by the
23.5 	Public Utilities Commission for access charge purposes and
23.6 	including cellular and other nonwire access services, in the
23.7 	fiscal year. ~~Beginning July 1, 2004, this amount will increase~~
23.8 	~~to 13 cents a month.~~

23.9 	Sec. 16. Minnesota Statutes 2004, section 403.30, is
23.10 	amended by adding a subdivision to read:
23.11 		Subd. 1a.Standing appropriation; costs covered. (a) For
23.12 	each fiscal year beginning with the fiscal year commencing July
23.13 	1, 2005, the amount necessary to pay the following costs is
23.14 	appropriated to the commissioner of public safety from the 911
23.15 	emergency telecommunications service account established under
23.16 	section 403.11:
23.17 	(1) debt service costs and reserves for bonds or other debt
23.18 	instrument issued pursuant to section 403.27, subdivision 1a;
23.19 	(2) repayment of the right-of-way acquisition loans;
23.20 	(3) costs of design, construction, maintenance of, and
23.21 	improvements to those elements of the system backbone that
23.22 	support mutual aid communications and emergency medical
23.23 	services; and 
23.24 	(4) recurring charges for leased sites and equipment for
23.25 	those elements of the system backbone that support mutual aid
23.26 	and emergency medical communication services.
23.27 	(b) The appropriation in paragraph (a) shall be used to pay
23.28 	annual debt service costs and reserves for bonds issued pursuant
23.29 	to section 403.27, subdivision 1a, prior to use of fee money to
23.30 	pay other costs eligible under this subdivision.  In no event
23.31 	shall the appropriation for each fiscal year exceed an amount
23.32 	equal to nine cents a month for each customer access line or
23.33 	other basic access service, including trunk equivalents as
23.34 	designated by the Public Utilities Commission for access charge
23.35 	purposes and cellular and other nonwire access services in the
23.36 	fiscal year, plus any excess amounts made available to the
24.1 	commissioner under subdivision 1, clause (2).

24.2 	Sec. 17. Minnesota Statutes 2004, section 403.30,
24.3 	subdivision 3, is amended to read:
24.4 		Subd. 3.~~monthly~~ appropriation transfers. ~~Each month,~~
24.5 	~~before the 25th day of the month,~~The commissioner shall
24.6 	transmit to the Metropolitan Council ~~1/12 of its total~~ from the 
24.7 	approved appropriation ~~for the regionwide public safety~~
24.8 	~~communication system~~ of funds provided for in section 403.30,
24.9 	subdivision 1, the amount necessary to meet debt service costs
24.10 	and reserves for bonds issued by the Metropolitan Council
24.11 	pursuant to section 403.27, subdivision 1.

24.12 	Sec. 18. Minnesota Statutes 2004, section 403.30, is
24.13 	amended by adding a subdivision to read:
24.14 		Subd. 3a.Appropriation transfers. The commissioner
24.15 	shall transmit to the commissioner of finance from the approved
24.16 	appropriation of funds provided for in section 403.30,
24.17 	subdivision 1a, the amount necessary to meet debt service costs
24.18 	and reserves for bonds or other debt instrument issued by the
24.19 	commissioner of finance pursuant to section 403.27, subdivision
24.20 	1a.

24.21 	Sec. 19. Minnesota Statutes 2004, section 609.119, is
24.22 	amended to read:
24.23 	609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
24.24 	DNA TESTING.
24.25 	(a) ~~From July 1, 2003, to June 30, 2005,~~The court shall
24.26 	order an offender to provide a biological specimen for the
24.27 	purpose of future DNA analysis as described in section 299C.155
24.28 	when:
24.29 	(1) the court sentences a person charged with committing or
24.30 	attempting to commit a felony offense not described in section
24.31 	609.117, subdivision 1, and the person is convicted of that
24.32 	offense or of any felony offense arising out of the same set of
24.33 	circumstances; or
24.34 	(2) the juvenile court adjudicates a person a delinquent
24.35 	child who is petitioned for committing or attempting to commit a
24.36 	felony offense not described in section 609.117, subdivision 1,
25.1 	and is adjudicated delinquent for that offense or any
25.2 	felony-level offense arising out of the same set of
25.3 	circumstances.
25.4 	The biological specimen shall be maintained by the Bureau of
25.5 	Criminal Apprehension as provided in section 299C.155.
25.6 	(b) ~~From July 1, 2003, to June 30, 2005,~~The commissioner
25.7 	of corrections or local corrections authority shall order a
25.8 	person to provide a biological specimen for the purpose of
25.9 	future DNA analysis as described in section 299C.155 before
25.10 	completion of the person's term of imprisonment when the person
25.11 	has not provided a biological specimen for the purpose of DNA
25.12 	analysis, and the person:
25.13 	(1) was initially charged with committing or attempting to
25.14 	commit a felony offense not described in section 609.117,
25.15 	subdivision 1, and was convicted of that offense or of any
25.16 	felony offense arising out of the same set of circumstances; or
25.17 	(2) is serving a term of imprisonment in this state under a
25.18 	reciprocal agreement although convicted in another state of
25.19 	committing or attempting to commit a felony offense not
25.20 	described in section 609.117, subdivision 1, or of any felony
25.21 	offense arising out of the same set of circumstances if the
25.22 	person was initially charged with committing or attempting to
25.23 	commit a felony offense not described in section 609.117,
25.24 	subdivision 1.
25.25 	The commissioner of corrections or local corrections authority
25.26 	shall forward the sample to the Bureau of Criminal Apprehension.
25.27 	(c) ~~From July 1, 2003, to June 30, 2005,~~When the state
25.28 	accepts an offender from another state under the interstate
25.29 	compact authorized by section 243.16 or 243.1605, the acceptance
25.30 	is conditional on the offender providing a biological specimen
25.31 	for the purposes of future DNA analysis as described in section
25.32 	299C.155, if the offender was initially charged with committing
25.33 	or attempting to commit a felony offense not described in
25.34 	section 609.117, subdivision 1, and was convicted of that
25.35 	offense or of any felony offense arising out of the same set of
25.36 	circumstances.  The specimen must be provided under supervision
26.1 	of staff from the Department of Corrections or a Community
26.2 	Corrections Act county within 15 business days after the
26.3 	offender reports to the supervising agent.  The cost of
26.4 	obtaining the biological specimen is the responsibility of the
26.5 	agency providing supervision.

26.6 	Sec. 20. TRANSFER OF RESPONSIBILITIES.
 26.7 	The responsibility of the Department of Employment and
26.8 	Economic Development for the youth intervention program is
26.9 	transferred to the Department of Public Safety.

26.10 	Sec. 21. REVISOR INSTRUCTION.
 26.11 	The revisor of statutes shall renumber Minnesota Statutes,
26.12 	section 116L.30 as section 299A.73.  The revisor shall also make
26.13 	necessary cross-reference changes consistent with the
26.14 	renumbering.

26.15 	Sec. 22. REPEALER.
 26.16 	Minnesota Statutes 2004, sections 299A.64; 299A.65;
26.17 	299A.66; and 403.30, subdivision 2, are repealed.

26.18 	Sec. 23. EFFECTIVE DATE.
 26.19 	Sections 1 to 22 are effective July 1, 2005.

26.20 	ARTICLE 3
26.21 	METHAMPHETAMINE PROVISIONS

26.22 	Section 1. Minnesota Statutes 2004, section 152.01,
26.23 	subdivision 10, is amended to read:
26.24 		Subd. 10.Narcotic drug.  "Narcotic drug" means any of
26.25 	the following, whether produced directly or indirectly by
26.26 	extraction from substances of vegetable origin, or independently
26.27 	by means of chemical synthesis, or by a combination of
26.28 	extraction and chemical synthesis:
26.29 	(1) Opium, coca leaves, ~~and~~ opiates, and methamphetamine;
26.30 	(2) A compound, manufacture, salt, derivative, or
26.31 	preparation of opium, coca leaves, ~~or~~ opiates, or
26.32 	methamphetamine;
26.33 	(3) A substance, and any compound, manufacture, salt,
26.34 	derivative, or preparation thereof, which is chemically
26.35 	identical with any of the substances referred to in clauses (1)
26.36 	and (2), except that the words "narcotic drug" as used in this
27.1 	chapter shall not include decocainized coca leaves or extracts
27.2 	of coca leaves, which extracts do not contain cocaine or
27.3 	ecgonine.
27.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
27.5 	and applies to crimes committed on or after that date.

27.6 	Sec. 2. Minnesota Statutes 2004, section 152.02,
27.7 	subdivision 6, is amended to read:
27.8 		Subd. 6.Schedule v; restrictions on methamphetamine
27.9 	precursor drugs. (a) As used in this subdivision, the following
27.10 	terms have the meanings given:
27.11 	(1) "methamphetamine precursor drug" means any compound,
27.12 	mixture, or preparation containing ephedrine or pseudoephedrine
27.13 	as its sole active ingredient or as one of its active
27.14 	ingredients;
27.15 	(2) "over-the-counter sale" means a retail sale of a drug
27.16 	or product but does not include the sale of a drug or product
27.17 	pursuant to the terms of a valid prescription or by a licensed
27.18 	veterinarian; and 
27.19 	(3) "suspicious transaction" means the sale, distribution,
27.20 	delivery, or other transfer of a substance under circumstances
27.21 	that would lead a reasonable person to believe that the
27.22 	substance is likely to be used to illegally manufacture a
27.23 	controlled substance based on factors such as the amount of the
27.24 	substance involved in the transaction, the method of payment,
27.25 	the method of delivery, and any past dealings with any
27.26 	participant in the transaction.
27.27 	(b) The following items are listed in Schedule V:
27.28 	(1) any compound, mixture, or preparation containing any of
27.29 	the following limited quantities of narcotic drugs, which shall
27.30 	include one or more nonnarcotic active medicinal ingredients in
27.31 	sufficient proportion to confer upon the compound, mixture or
27.32 	preparation valuable medicinal qualities other than those
27.33 	possessed by the narcotic drug alone~~;~~:
27.34 	~~(1)~~ (i) not more than 100 milligrams of dihydrocodeine per
27.35 	100 milliliters or per 100 grams~~.~~;
27.36 	~~(2)~~ (ii) not more than 100 milligrams of ethylmorphine per
28.1 	100 milliliters or per 100 grams~~.~~;
28.2 	~~(3)~~ (iii) not more than 2.5 milligrams of diphenoxylate and
28.3 	not less than 25 micrograms of atropine sulfate per dosage
28.4 	unit~~.~~; or 
28.5 	~~(4)~~ (iv) not more than 15 milligrams of anhydrous morphine
28.6 	per 100 milliliters or per 100 grams; and 
28.7 	(2) any compound, mixture, or preparation containing
28.8 	ephedrine or pseudoephedrine as its sole active ingredient or as
28.9 	one of its active ingredients.
28.10 	(c) No person may sell in a single over-the-counter sale
28.11 	more than two packages of a methamphetamine precursor drug or a
28.12 	combination of methamphetamine precursor drugs or any
28.13 	combination of packages exceeding a total weight of six grams.
28.14 	(d) Over-the-counter sales of methamphetamine precursor
28.15 	drugs are limited to:
28.16 	(1) packages containing not more than a total of three
28.17 	grams of one or more methamphetamine precursor drugs, calculated
28.18 	in terms of ephedrine base or pseudoephedrine base; or 
28.19 	(2) for nonliquid products, sales in blister packs, where
28.20 	each blister contains not more than two dosage units, or, if the
28.21 	use of blister packs is not technically feasible, sales in unit
28.22 	dose packets or pouches.
28.23 	(e) A business establishment that offers for sale
28.24 	methamphetamine precursor drugs in an over-the-counter sale
28.25 	shall ensure that all packages of the drugs are displayed behind
28.26 	a checkout counter where the public is not permitted and are
28.27 	offered for sale only by a licensed pharmacist or a licensed
28.28 	pharmacy technician.  The establishment shall ensure that the
28.29 	person making the sale requires the buyer:
28.30 	(1) to provide photographic identification showing the
28.31 	buyer's date of birth; and 
28.32 	(2) to sign a written document detailing the date of the
28.33 	sale, the name of the buyer, and the amount of the drug sold.
28.34 	Nothing in this paragraph requires the buyer to obtain a
28.35 	prescription for the drug's purchase.
28.36 	(f) No person may acquire through over-the-counter sales
29.1 	more than six grams of methamphetamine precursor drugs within a
29.2 	30-day period.
29.3 	(g) No person may sell in an over-the-counter sale a
29.4 	methamphetamine precursor drug to a person under the age of 18
29.5 	years.  It is an affirmative defense to a charge under this
29.6 	paragraph if the defendant proves by a preponderance of the
29.7 	evidence that the defendant reasonably and in good faith relied
29.8 	on proof of age as described in section 340A.503, subdivision 6.
29.9 	(h) A person who knowingly violates paragraph (c), (d),
29.10 	(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
29.11 	to imprisonment for not more than 90 days, or to payment of a
29.12 	fine of not more than $1,000, or both.
29.13 	(i) An owner, operator, supervisor, or manager of a
29.14 	business establishment that offers for sale methamphetamine
29.15 	precursor drugs whose employee or agent is convicted of or
29.16 	charged with violating paragraph (c), (d), (e), (f), or (g) is
29.17 	not subject to the criminal penalties for violating any of those
29.18 	paragraphs if the person:
29.19 	(1) did not have prior knowledge of, participate in, or
29.20 	direct the employee or agent to commit the violation; and 
29.21 	(2) documents that an employee training program was in
29.22 	place to provide the employee or agent with information on the
29.23 	state and federal laws and regulations regarding methamphetamine
29.24 	precursor drugs.
29.25 	(j) Any person employed by a business establishment that
29.26 	offers for sale methamphetamine precursor drugs who sells such a
29.27 	drug to any person in a suspicious transaction shall report the
29.28 	transaction to the owner, supervisor, or manager of the
29.29 	establishment.  The owner, supervisor, or manager may report the
29.30 	transaction to local law enforcement.  A person who reports
29.31 	information under this subdivision in good faith is immune from
29.32 	civil liability relating to the report.
29.33 	(k) Paragraphs (c) to (j) do not apply to:
29.34 	(1) pediatric products labeled pursuant to federal
29.35 	regulation primarily intended for administration to children
29.36 	under 12 years of age according to label instructions;
30.1 	(2) methamphetamine precursor drugs that are certified by
30.2 	the Board of Pharmacy as being manufactured in a manner that
30.3 	prevents the drug from being used to manufacture
30.4 	methamphetamine; or 
30.5 	(3) methamphetamine precursor drugs in gel capsule or
30.6 	liquid form.
30.7 	(l) The Board of Pharmacy shall certify methamphetamine
30.8 	precursor drugs that meet the requirements of paragraph (k),
30.9 	clause (2), and publish an annual listing of these drugs.
30.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
30.11 	and applies to crimes committed on or after that date.

30.12 	Sec. 3. Minnesota Statutes 2004, section 152.021,
30.13 	subdivision 2a, is amended to read:
30.14 		Subd. 2a.methamphetamine manufacture ~~crimes~~ crime;
30.15 	possession of substances with intent to manufacture
30.16 	methamphetamine crime.  (a) Notwithstanding subdivision 1,
30.17 	sections 152.022, subdivision 1, 152.023, subdivision 1, and
30.18 	152.024, subdivision 1, a person is guilty of controlled
30.19 	substance crime in the first degree if the person manufactures
30.20 	any amount of methamphetamine.
30.21 	(b) ~~Notwithstanding paragraph (a) and section 609.17,~~A
30.22 	person is guilty of ~~attempted manufacture of methamphetamine~~ a
30.23 	crime if the person possesses any chemical reagents or
30.24 	precursors with the intent to manufacture methamphetamine.  As
30.25 	used in this section, "chemical reagents or precursors" ~~refers~~
30.26 	~~to one or more~~ include, but are not limited to, any of the
30.27 	following substances, or their salts, isomers, and salts of
30.28 	isomers:
30.29 	(1) ephedrine;
30.30 	(2) pseudoephedrine;
30.31 	(3) phenyl-2-propanone;
30.32 	(4) phenylacetone;
30.33 	(5) anhydrous ammonia~~, as defined in section 18C.005,~~
30.34 	~~subdivision 1a~~;
30.35 	(6) organic solvents;
30.36 	(7) hydrochloric acid;
31.1 	(8) lithium metal;
31.2 	(9) sodium metal;
31.3 	(10) ether;
31.4 	(11) sulfuric acid;
31.5 	(12) red phosphorus;
31.6 	(13) iodine;
31.7 	(14) sodium hydroxide;
31.8 	(15) benzaldehyde;
31.9 	(16) benzyl methyl ketone;
31.10 	(17) benzyl cyanide;
31.11 	(18) nitroethane;
31.12 	(19) methylamine;
31.13 	(20) phenylacetic acid;
31.14 	(21) hydriodic acid; or
31.15 	(22) hydriotic acid.
31.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
31.17 	and applies to crimes committed on or after that date.

31.18 	Sec. 4. Minnesota Statutes 2004, section 152.021,
31.19 	subdivision 3, is amended to read:
31.20 		Subd. 3.Penalty.  (a) A person convicted under
31.21 	subdivisions 1 to 2a, paragraph (a), may be sentenced to
31.22 	imprisonment for not more than 30 years or to payment of a fine
31.23 	of not more than $1,000,000, or both; a person convicted under
31.24 	subdivision 2a, paragraph (b), may be sentenced to imprisonment
31.25 	for not more than ~~three~~ ten years or to payment of a fine of not
31.26 	more than ~~$5,000~~ $20,000, or both.
31.27 	(b) If the conviction is a subsequent controlled substance
31.28 	conviction, a person convicted under subdivisions 1 to 2a,
31.29 	paragraph (a), shall be committed to the commissioner of
31.30 	corrections for not less than four years nor more than 40 years
31.31 	and, in addition, may be sentenced to payment of a fine of not
31.32 	more than $1,000,000; a person convicted under subdivision 2a,
31.33 	paragraph (b), may be sentenced to imprisonment for not more
31.34 	than ~~four~~ 15 years or to payment of a fine of not more than
31.35 	~~$5,000~~ $30,000, or both.
31.36 	(c) In a prosecution under subdivision 1 involving sales by
32.1 	the same person in two or more counties within a 90-day period,
32.2 	the person may be prosecuted for all of the sales in any county
32.3 	in which one of the sales occurred.
32.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.5 	and applies to crimes committed on or after that date.

32.6 	Sec. 5. Minnesota Statutes 2004, section 152.027,
32.7 	subdivision 1, is amended to read:
32.8 		Subdivision 1.Sale of schedule v controlled substance.
 32.9 	Except as provided in section 152.02, subdivision 6,a person
32.10 	who unlawfully sells one or more mixtures containing a
32.11 	controlled substance classified in schedule V may be sentenced
32.12 	to imprisonment for not more than one year or to payment of a
32.13 	fine of not more than $3,000, or both.
32.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.15 	and applies to crimes committed on or after that date.

32.16 	Sec. 6. Minnesota Statutes 2004, section 152.027,
32.17 	subdivision 2, is amended to read:
32.18 		Subd. 2.Possession of schedule v controlled substance.
 32.19 	Except as provided in section 152.02, subdivision 6,a person
32.20 	who unlawfully possesses one or more mixtures containing a
32.21 	controlled substance classified in schedule V may be sentenced
32.22 	to imprisonment for not more than one year or to payment of a
32.23 	fine of not more than $3,000, or both.  The court may order that
32.24 	a person who is convicted under this subdivision and placed on
32.25 	probation be required to take part in a drug education program
32.26 	as specified by the court.
32.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.28 	and applies to crimes committed on or after that date.

32.29 	Sec. 7. [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
32.30 	RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
32.31 		Subdivision 1.Restitution. (a) As used in this
32.32 	subdivision:
32.33 	(1) "clandestine lab site" means any structure or
32.34 	conveyance or outdoor location occupied or affected by
32.35 	conditions or chemicals typically associated with the
32.36 	manufacturing of methamphetamine;
33.1 	(2) "emergency response" includes, but is not limited to,
33.2 	removing and collecting evidence, securing the site, removal,
33.3 	remediation, and hazardous chemical assessment or inspection of
33.4 	the site where the relevant offense or offenses took place,
33.5 	regardless of whether these actions are performed by the public
33.6 	entities themselves or by private contractors paid by the public
33.7 	entities, or the property owner;
33.8 	(3) "remediation" means proper cleanup, treatment, or
33.9 	containment of hazardous substances or methamphetamine at or in
33.10 	a clandestine lab site, and may include demolition or disposal
33.11 	of structures or other property when an assessment so indicates;
33.12 	and 
33.13 	(4) "removal" means the removal from the clandestine lab
33.14 	site of precursor or waste chemicals, chemical containers, or
33.15 	equipment associated with the manufacture, packaging, or storage
33.16 	of illegal drugs.
33.17 	(b) A court shall require a person convicted of
33.18 	manufacturing or attempting to manufacture a controlled
33.19 	substance or of an illegal activity involving a precursor
33.20 	substance, where the response to the crime involved an emergency
33.21 	response, to pay restitution to all public entities that
33.22 	participated in the response.  The restitution ordered must
33.23 	cover the reasonable costs of their participation in the
33.24 	response.
33.25 	(c) In addition to the restitution required in paragraph
33.26 	(b), a court shall require a person convicted of manufacturing
33.27 	or attempting to manufacture a controlled substance or of
33.28 	illegal activity involving a precursor substance to pay
33.29 	restitution to a property owner who incurred removal or
33.30 	remediation costs because of the crime.
33.31 	(d) Notwithstanding paragraphs (b) and (c), if the court
33.32 	finds that the convicted person is indigent or that payment of
33.33 	the restitution would create undue hardship for the convicted
33.34 	person's immediate family, the court may reduce the amount of
33.35 	restitution to an appropriate level.
33.36 		Subd. 2.Property-related prohibitions; notice; web
34.1 	site. (a) As used in this subdivision:
34.2 	(1) "clandestine lab site" has the meaning given in
34.3 	subdivision 1, paragraph (a);
34.4 	(2) "property" includes buildings and other structures, and
34.5 	motor vehicles as defined in section 609.487, subdivision 2a.
34.6 	Property also includes real property whether publicly or
34.7 	privately owned and public waters and rights-of-way;
34.8 	(3) "remediation" has the meaning given in subdivision 1,
34.9 	paragraph (a); and 
34.10 	(4) "removal" has the meaning given in subdivision 1,
34.11 	paragraph (a).
34.12 	(b) A peace officer who arrests a person at a clandestine
34.13 	lab site shall notify the appropriate county or local health
34.14 	department, state duty officer, and child protection services of
34.15 	the arrest and the location of the site.
34.16 	(c) A county or local health department or sheriff shall
34.17 	order that all property that has been found to be a clandestine
34.18 	lab site and contaminated by substances, chemicals, or items of
34.19 	any kind used in the manufacture of methamphetamine or any part
34.20 	of the manufacturing process, or the by-products or degradates
34.21 	of manufacturing methamphetamine be prohibited from being
34.22 	occupied, rented, sold, or used until it has been assessed and
34.23 	remediated as provided in the Department of Health's clandestine
34.24 	drug labs general cleanup guidelines.
34.25 	(d) Unless clearly inapplicable, the procedures specified
34.26 	in chapter 145A and any related rules adopted under that chapter
34.27 	addressing the enforcement of public health laws, the removal
34.28 	and abatement of public health nuisances, and the remedies
34.29 	available to property owners or occupants apply to this
34.30 	subdivision.
34.31 	(e) Upon the proper removal and remediation of any property
34.32 	used as a clandestine lab site, the contractor shall verify to
34.33 	the applicable authority that issued the order under paragraph
34.34 	(c) that the work was completed according to the Department of
34.35 	Health's clandestine drug labs general cleanup guidelines and
34.36 	best practices and that levels of contamination have been
35.1 	reduced to levels set forth in the guidelines.  Following this,
35.2 	the applicable authority shall vacate its order.
35.3 	(f) If the applicable authority determines under paragraph
35.4 	(c) that a motor vehicle has been contaminated by substances,
35.5 	chemicals, or items of any kind used in the manufacture of
35.6 	methamphetamine or any part of the manufacturing process, or the
35.7 	by-products or degradates of manufacturing methamphetamine and
35.8 	if the authority is able to obtain the certificate of title for
35.9 	the motor vehicle, the authority shall notify the registrar of
35.10 	motor vehicles of this fact and in addition, forward the
35.11 	certificate of title to the registrar.  The authority shall also
35.12 	notify the registrar when it vacates its order under paragraph
35.13 	(e).
35.14 	(g) The applicable authority issuing an order under
35.15 	paragraph (c) shall record with the county recorder or registrar
35.16 	of titles of the county where the clandestine lab is located an
35.17 	affidavit containing a legal description of the property where
35.18 	the clandestine lab was located that discloses to any potential
35.19 	transferee:
35.20 	(1) that the land was the site of a clandestine lab;
35.21 	(2) the location, condition, and circumstances of the
35.22 	clandestine lab, to the full extent known or reasonably
35.23 	ascertainable; and 
35.24 	(3) that the use of the property or some portion of it may
35.25 	be restricted as provided by paragraph (c).
35.26 	If the authority vacates its order under paragraph (e), the
35.27 	authority shall record an affidavit noting this fact.
35.28 	(h) Unless an affidavit has already been filed under
35.29 	paragraph (g), before any transfer of ownership of any property
35.30 	that the owner knew or should have known had been used as a
35.31 	clandestine lab site and contaminated by substances, chemicals,
35.32 	or items of any kind used in the manufacture of methamphetamine
35.33 	or any part of the manufacturing process, or the by-products or
35.34 	degradates of manufacturing methamphetamine, regardless of when
35.35 	this occurred or whether an order under paragraph (c) had been
35.36 	issued, the owner shall record with the county recorder or
36.1 	registrar of titles of the county in which the property is
36.2 	located an affidavit containing the information required under
36.3 	paragraph (g), clauses (1) and (2).  Any person who violates
36.4 	this paragraph is guilty of a petty misdemeanor.
36.5 	(i) If proper removal and remediation has occurred on the
36.6 	property, an interested party may record an affidavit indicating
36.7 	that this has occurred.  Failure to record such an affidavit
36.8 	does not affect or prevent any transfer of ownership of the
36.9 	property.
36.10 	(j) The county recorder or registrar of titles must record
36.11 	all affidavits presented under paragraph (g), (h), or (i) in a
36.12 	manner that assures their disclosure in the ordinary course of a
36.13 	title search of the subject property.
36.14 	(k) The commissioner of health shall post on the Internet
36.15 	contact information for each local community health services
36.16 	administrator.
36.17 	(l) Each local community health services administrator
36.18 	shall maintain information related to property within the
36.19 	administrator's jurisdiction that is currently or was previously
36.20 	subject to an order issued under paragraph (c).  The information
36.21 	maintained must include the location of the property, the extent
36.22 	of the contamination, the status of the removal and remediation
36.23 	work on the property, and whether the order has been vacated.
36.24 	The administrator shall make this information available to the
36.25 	public either upon request or by other means.
36.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
36.27 	and applies to crimes committed on or after that date.

36.28 	Sec. 8. Minnesota Statutes 2004, section 152.135,
36.29 	subdivision 2, is amended to read:
36.30 		Subd. 2.Exceptions.  (a) A drug product containing
36.31 	ephedrine, its salts, optical isomers, and salts of optical
36.32 	isomers is exempt from subdivision 1 if the drug product:
36.33 	(1) may be lawfully sold over the counter without a
36.34 	prescription under the federal Food, Drug, and Cosmetic Act,
36.35 	United States Code, title 21, section 321, et seq.;
36.36 	(2) is labeled and marketed in a manner consistent with the
37.1 	pertinent OTC Tentative Final or Final Monograph;
37.2 	(3) is manufactured and distributed for legitimate
37.3 	medicinal use in a manner that reduces or eliminates the
37.4 	likelihood of abuse;
37.5 	(4) is not marketed, advertised, or labeled for the
37.6 	indication of stimulation, mental alertness, weight loss, muscle
37.7 	enhancement, appetite control, or energy; ~~and~~ 
37.8 	(5) is in solid oral dosage forms, including soft gelatin
37.9 	caplets, that combine 400 milligrams of guaifenesin and 25
37.10 	milligrams of ephedrine per dose, according to label
37.11 	instructions; or is an anorectal preparation containing not more
37.12 	than five percent ephedrine; and 
37.13 	(6) is sold in a manner that does not conflict with section
37.14 	152.02, subdivision 6.
37.15 	(b) Subdivisions 1 and 3 shall not apply to products
37.16 	containing ephedra or ma huang and lawfully marketed as dietary
37.17 	supplements under federal law.
37.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
37.19 	and applies to crimes committed on or after that date.

37.20 	Sec. 9. [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
37.21 	CRIMINAL PENALTIES; CIVIL LIABILITY.
37.22 		Subdivision 1.Definitions. As used in this section,
37.23 	"tamper" means action taken by a person not authorized to take
37.24 	that action by law or by the owner or authorized custodian of an
37.25 	anhydrous ammonia container or of equipment where anhydrous
37.26 	ammonia is used, stored, distributed, or transported.
37.27 		Subd. 2.Prohibited conduct. (a) A person may not:
37.28 	(1) steal or unlawfully take or carry away any amount of
37.29 	anhydrous ammonia;
37.30 	(2) purchase, possess, transfer, or distribute any amount
37.31 	of anhydrous ammonia, knowing, or having reason to know, that it
37.32 	will be used to unlawfully manufacture a controlled substance;
37.33 	(3) place, have placed, or possess anhydrous ammonia in a
37.34 	container that is not designed, constructed, maintained, and
37.35 	authorized to contain or transport anhydrous ammonia;
37.36 	(4) transport anhydrous ammonia in a container that is not
38.1 	designed, constructed, maintained, and authorized to transport
38.2 	anhydrous ammonia;
38.3 	(5) use, deliver, receive, sell, or transport a container
38.4 	designed and constructed to contain anhydrous ammonia without
38.5 	the express consent of the owner or authorized custodian of the
38.6 	container; or 
38.7 	(6) tamper with any equipment or facility used to contain,
38.8 	store, or transport anhydrous ammonia.
38.9 	(b) For the purposes of this subdivision, containers
38.10 	designed and constructed for the storage and transport of
38.11 	anhydrous ammonia are described in rules adopted under section
38.12 	18C.121, subdivision 1, or in Code of Federal Regulations, title
38.13 	49.
38.14 		Subd. 3.No cause of action. (a) Except as provided in
38.15 	paragraph (b), a person tampering with anhydrous ammonia
38.16 	containers or equipment under subdivision 2 shall have no cause
38.17 	of action for damages arising out of the tampering against:
38.18 	(1) the owner or lawful custodian of the container or
38.19 	equipment;
38.20 	(2) a person responsible for the installation or
38.21 	maintenance of the container or equipment; or 
38.22 	(3) a person lawfully selling or offering for sale the
38.23 	anhydrous ammonia.
38.24 	(b) Paragraph (a) does not apply to a cause of action
38.25 	against a person who unlawfully obtained the anhydrous ammonia
38.26 	or anhydrous ammonia container or who possesses the anhydrous
38.27 	ammonia or anhydrous ammonia container for any unlawful purpose.
38.28 		Subd. 4.Criminal penalty. A person who knowingly
38.29 	violates subdivision 2 is guilty of a felony and may be
38.30 	sentenced to imprisonment for not more than five years or to
38.31 	payment of a fine of not more than $50,000, or both.
38.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
38.33 	and applies to crimes committed on or after that date.

38.34 	Sec. 10. [152.137] METHAMPHETAMINE-RELATED CRIMES
38.35 	INVOLVING CHILDREN AND VULNERABLE ADULTS.
38.36 		Subdivision 1.Definitions. (a) As used in this section,
39.1 	the following terms have the meanings given.
39.2 	(b) "Chemical substance" means a substance intended to be
39.3 	used as a precursor in the manufacture of methamphetamine or any
39.4 	other chemical intended to be used in the manufacture of
39.5 	methamphetamine.
39.6 	(c) "Child" means any person under the age of 18 years.
39.7 	(d) "Methamphetamine paraphernalia" means all equipment,
39.8 	products, and materials of any kind that are used, intended for
39.9 	use, or designed for use in manufacturing, injecting, ingesting,
39.10 	inhaling, or otherwise introducing methamphetamine into the
39.11 	human body.
39.12 	(e) "Methamphetamine waste products" means substances,
39.13 	chemicals, or items of any kind used in the manufacture of
39.14 	methamphetamine or any part of the manufacturing process, or the
39.15 	by-products or degradates of manufacturing methamphetamine.
39.16 	(f) "Vulnerable adult" has the meaning given in section
39.17 	609.232, subdivision 11.
39.18 		Subd. 2.Prohibited conduct. (a) No person may knowingly
39.19 	engage in any of the following activities in the presence of a
39.20 	child or vulnerable adult; in the residence of a child or a
39.21 	vulnerable adult; in a building, structure, conveyance, or
39.22 	outdoor location where a child or vulnerable adult might
39.23 	reasonably be expected to be present; in a room offered to the
39.24 	public for overnight accommodation; or in any multiple unit
39.25 	residential building:
39.26 	(1) manufacturing or attempting to manufacture
39.27 	methamphetamine;
39.28 	(2) storing any chemical substance;
39.29 	(3) storing any methamphetamine waste products; or 
39.30 	(4) storing any methamphetamine paraphernalia.
39.31 	(b) No person may knowingly cause or permit a child or
39.32 	vulnerable adult to inhale, be exposed to, have contact with, or
39.33 	ingest methamphetamine, a chemical substance, or methamphetamine
39.34 	paraphernalia.
39.35 		Subd. 3.Criminal penalty. A person who violates
39.36 	subdivision 2 is guilty of a felony and may be sentenced to
40.1 	imprisonment for not more than five years or to payment of a
40.2 	fine of not more than $10,000, or both.
40.3 		Subd. 4.Multiple sentences. Notwithstanding sections
40.4 	609.035 and 609.04, a prosecution for or conviction under this
40.5 	section is not a bar to conviction of or punishment for any
40.6 	other crime committed by the defendant as part of the same
40.7 	conduct.
40.8 		Subd. 5.Protective custody. A peace officer may take
40.9 	any child present in an area where any of the activities
40.10 	described in subdivision 2, paragraph (a), clauses (1) to (4),
40.11 	are taking place into protective custody in accordance with
40.12 	section 260C.175, subdivision 1, paragraph (b), clause (2).  A
40.13 	child taken into protective custody under this subdivision shall
40.14 	be provided health screening to assess potential health concerns
40.15 	related to methamphetamine as provided in section 260C.188.  A
40.16 	child not taken into protective custody under this subdivision
40.17 	but who is known to have been exposed to methamphetamine shall
40.18 	be offered health screening for potential health concerns
40.19 	related to methamphetamine as provided in section 260C.188.
40.20 		Subd. 6.Reporting maltreatment of vulnerable adult. (a)
40.21 	A peace officer shall make a report of suspected maltreatment of
40.22 	a vulnerable adult if the vulnerable adult is present in an area
40.23 	where any of the activities described in subdivision 2,
40.24 	paragraph (a), clauses (1) to (4), are taking place, and the
40.25 	peace officer has reason to believe the vulnerable adult
40.26 	inhaled, was exposed to, had contact with, or ingested
40.27 	methamphetamine, a chemical substance, or methamphetamine
40.28 	paraphernalia.  The peace officer shall immediately report to
40.29 	the county common entry point as described in section 626.557,
40.30 	subdivision 9b.
40.31 	(b) As required in section 626.557, subdivision 9b, law
40.32 	enforcement is the primary agency to conduct investigations of
40.33 	any incident when there is reason to believe a crime has been
40.34 	committed.  Law enforcement shall initiate a response
40.35 	immediately.  If the common entry point notified a county agency
40.36 	for adult protective services, law enforcement shall cooperate
41.1 	with that county agency when both agencies are involved and
41.2 	shall exchange data to the extent authorized in section 626.557,
41.3 	subdivision 12b, paragraph (g).  County adult protection shall
41.4 	initiate a response immediately.
41.5 	(c) The county social services agency shall immediately
41.6 	respond as required in section 626.557, subdivision 10, upon
41.7 	receipt of a report from the common entry point staff.
41.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.9 	and applies to crimes committed on or after that date.

41.10 	Sec. 11. Minnesota Statutes 2004, section 609.1095,
41.11 	subdivision 1, is amended to read:
41.12 		Subdivision 1.Definitions.  (a) As used in this section,
41.13 	the following terms have the meanings given.
41.14 	(b) "Conviction" means any of the following accepted and
41.15 	recorded by the court:  a plea of guilty, a verdict of guilty by
41.16 	a jury, or a finding of guilty by the court.  The term includes
41.17 	a conviction by any court in Minnesota or another jurisdiction.
41.18 	(c) "Prior conviction" means a conviction that occurred
41.19 	before the offender committed the next felony resulting in a
41.20 	conviction and before the offense for which the offender is
41.21 	being sentenced under this section.
41.22 	(d) "Violent crime" means a violation of or an attempt or
41.23 	conspiracy to violate any of the following laws of this state or
41.24 	any similar laws of the United States or any other state:
41.25 	~~section~~ sections 152.137;609.165; 609.185; 609.19; 609.195;
41.26 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
41.27 	609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
41.28 	609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
41.29 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
41.30 	609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
41.31 	1e; 609.687; and 609.855, subdivision 5; any provision of
41.32 	sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
41.33 	punishable by a felony penalty; or any provision of chapter 152
41.34 	that is punishable by a maximum sentence of 15 years or more.
41.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.36 	and applies to crimes committed on or after that date.