Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 565-S.F.No. 2617
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and other agencies with
certain conditions; reducing appropriations for the
biennium ending June 30, 1991, with certain
conditions; providing for the transfer of money in the
state treasury; regulating certain activities and
practices; amending Minnesota Statutes 1988, section
170.23; Minnesota Statutes 1989 Supplement, sections
168.011, subdivisions 7 and 9; 168.33, subdivision 7;
and 297B.09, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapters 152 and 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1990" and "1991" mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 1990, or June 30, 1991, respectively. Sums
shown in parentheses are reduced from the general fund
appropriations to the specified agencies in Laws 1989, chapter
269, or another named law.
SUMMARY BY FUND
1990 1991 TOTAL
General $ 769,000 $ 1,106,000 $ 1,875,000
Transit Assistance 516,000 (1,600,000) (1,084,000)
Tr. Hwy. (3,642,000) (3,642,000)
Hwy. User 134,000 134,000
M.S.A.S. ( 800,000) ( 800,000)
C.S.A.H. (2,700,000) (2,700,000)
Special Revenue 50,000 50,000
APPROPRIATIONS
1990 1991
$ $
Sec. 2. TRANSPORTATION
(a) General fund 1,500,000
This appropriation is for transfer to
the transit assistance fund.
(b) Trunk highway fund
(1) General reduction (3,300,000)
The commissioner of transportation
shall refund to the city of Dakota
$4,500 that the city paid to have
parcel 12A reconveyed to it for public
purposes. The refund must not be paid
until the city of Dakota has entered
into a covenant with the state to use
the land only for public purposes and
that fee title to the land will revert
to the state whenever the land ceases
to be used for a public purpose.
(2) Truck safety program 200,000
Six positions in the approved
complement of the department are
transferred from the federal fund to
the trunk highway fund.
(c) County state aid highway fund (2,700,000)
(d) Municipal state aid street fund ( 800,000)
(e) Transit assistance fund ( 950,000)
$650,000 of this reduction is in the
appropriation for light rail transit.
$300,000 of this reduction is in the
appropriation for Greater Minnesota
Transit assistance.
Sec. 3. TRANSPORTATION
REGULATION BOARD 58,000
This appropriation is from the trunk
highway fund.
Sec. 4. TRANSPORTATION STUDY BOARD 134,000
This appropriation is from the highway
user tax distribution fund and is added
to the appropriation in Laws 1988,
chapter 603, section 7, item (a).
Sec. 5. REGIONAL TRANSIT BOARD
(a) General fund (1,497,000)
This reduction reflects the transfer of
responsibility for funding certain
metro mobility services from the
regional transit board to the
commissioner of human services.
(b) Transit assistance fund 516,000 ( 650,000)
$516,000 the first year is to replace
money canceled to the fund at the close
of fiscal year 1989 because of a delay
in the effective date of a general
restructuring of regular route fares.
Sec. 6. PUBLIC SAFETY
(a) General fund ( 750,000)
(b) Trunk highway fund ( 600,000)
(c) Lawful gambling enforcement 833,000
The approved complement of the
department of public safety is
increased by seven positions for lawful
gambling enforcement.
(d) Drug initiatives 701,000
The approved complement of the
department of public safety is
increased by seven positions for drug
initiatives.
$160,000 of this appropriation is for
community-based crime and drug
prevention programs.
$40,000 of this appropriation is for
implementation of the precursor
chemical regulations.
$175,000 of this appropriation is for
drug prevention support services for
high-risk target groups and communities.
$326,000 of this appropriation is for
narcotic investigation activities.
(e) The approved complement of the
department is increased by five
positions for school building
inspection. These positions shall only
be filled if funding is provided by the
commissioner of education.
Sec. 7. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING ( 75,000)
Sec. 8. DEPARTMENT OF COMMERCE
Administrative Services ( 85,000)
The report required by Laws 1989,
chapter 269, section 11, subdivision 7,
on the cost effectiveness of care
provided by members of the healing arts
need not be submitted until January 1,
1991.
Sec. 9. AGRICULTURE 747,000 (497,000)
$597,000 the first year is to reimburse
counties and townships for up to 50
percent of the costs incurred for
grasshopper control activities
undertaken during calendar year 1989.
Eligible costs must be documented and
submitted on forms provided by the
commissioner of agriculture.
Reimbursements must be made only for
activities conducted in designated
grasshopper control zones.
Notwithstanding Minnesota Statutes,
section 37.03, subdivision 1, paragraph
(d), and only until June 30, 1991, two
elected delegates and the president of
the Red River Valley Winter Shows may
represent the organization on the state
agricultural society pursuant to the
other provisions of Minnesota Statutes,
chapter 37.
Sec. 10. WORLD TRADE CENTER
(a) General reduction ( 50,000)*
(This item of section 10 was vetoed by the governor.)
(b) International convention 35,000
This appropriation is to be matched
with $25,000 in goods and services from
other sources to conduct the World
Export Processing Zone Association
international convention to be held in
Minnesota in May 1991.
Sec. 11. BOARD OF WATER AND
SOIL RESOURCES (200,000)
Sec. 12. BOARD OF ANIMAL HEALTH (40,000)
The approved complement of the board of
animal health is increased by one
position.
Sec. 13. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING, AND
LANDSCAPE ARCHITECTURE 22,000
Sec. 14. PUBLIC SERVICE (50,000)
Sec. 15. GAMING
Lawful gambling 1,300,000
The approved complement of the
department of gaming is increased by 24
positions.
The director of the state lottery shall
reimburse the general fund $150,000 in
fiscal year 1991 for lottery-related
costs incurred by the department of
public safety.
Sec. 16. MINNESOTA HISTORICAL
SOCIETY
(a) General reduction (125,000)
(b) Humanities commission 25,000
This appropriation is to plan a
Humanities center.
Sec. 17. BOARD OF THE ARTS
(a) General reduction (125,000)
(b) Matching grant 116,000
This appropriation is to match a grant
from the National Endowment for the
Arts.
Sec. 18. INDIAN AFFAIRS COUNCIL
(a) Reburial of Indian Remains 90,000
(b) Indian Business Loan Program 50,000
This appropriation is from the special
revenue fund.
The approved complement of the council
is increased by one position for this
activity.
Sec. 19. [MANAGING REDUCTIONS.]
Subdivision 1. [APPROPRIATION AVAILABILITY.] If the
appropriation from the general fund to an agency listed in this
act in either year of the biennium ending June 30, 1991, is
insufficient, upon the advance approval of the commissioner of
finance the appropriation for the other year is available for it.
Subd. 2. [BASE REDUCTIONS.] The appropriations reduced
from an agency by this act, before any adjustments under
subdivision 1, must not be added back to the agency's
appropriation base for the 1992-1993 biennium.
Sec. 20. [RULES FOR AQUACULTURE RESEARCH PERMITS.]
Not later than October 1, 1991, the commissioner of
agriculture, in consultation with the commissioners of health,
natural resources, and the pollution control agency, and the
advisory committee established under Minnesota Statutes, section
17.49, subdivision 1, shall adopt rules to expedite permits from
all permitting authorities for aquaculture research projects and
for private or public-private economic ventures in aquaculture.
Sec. 21. [EXPIRATION DATE.]
Notwithstanding Laws 1989, chapter 269, section 20, the
citizens council on Voyageurs National Park is extended until
June 30, 1993.
Sec. 22. [152.0971] [TERMS.]
Subdivision 1. [TERMS.] For purposes of sections 152.0971
to 152.0974, the following terms have the meanings given.
Subd. 2. [FURNISH.] "Furnish" means to sell, transfer,
deliver, send, or supply a precursor substance by any other
means.
Subd. 3. [SUPPLIER.] A "supplier" is a manufacturer,
wholesaler, retailer, or any other person in this state who
furnishes a precursor substance to another person in this state.
Sec. 23. [152.0972] [PRECURSORS OF CONTROLLED SUBSTANCES.]
Subdivision 1. [PRECURSOR SUBSTANCES.] The following
precursors of controlled substances are "precursor substances":
(1) phenyl-2-propanone;
(2) methylamine;
(3) ethylamine;
(4) d-lysergic acid;
(5) ergotamine tartrate;
(6) diethyl malonate;
(7) malonic acid;
(8) ethyl malonate;
(9) barbituric acid;
(10) piperidine;
(11) n-acetylanthranilic acid;
(12) pyrrolidine;
(13) phenylacetic acid;
(14) anthranilic acid;
(15) morpholine;
(16) ephedrine;
(17) pseudoephedrine;
(18) norpseudoephedrine;
(19) phenylpropanolamine;
(20) propionic anhydride;
(21) isosafrole;
(22) safrole;
(23) piperonal;
(24) thionylchloride;
(25) benzyl cyanide;
(26) ergonovine maleate;
(27) n-methylephedrine;
(28) n-ethylpseudoephedrine;
(29) n-methypseudoephedrine;
(30) chloroephedrine;
(31) chloropseudophedrine; and
(32) any substance added to this list by rule adopted by
the state board of pharmacy.
Subd. 2. [ADOPTION OF RULES.] The state board of pharmacy
may adopt rules under chapter 14 that add a substance to the
list in subdivision 1, if the substance is a precursor to a
controlled substance, or delete a substance from the list. A
rule adding or deleting a substance is effective only until
December 31 of the year following the calendar year during which
the rule was adopted.
Sec. 24. [152.0973] [REPORT OF TRANSACTION.]
Subdivision 1. [PRE-DELIVERY NOTICE.] A supplier who
furnishes a precursor substance to a person in this state shall,
not less than 21 days before delivery of the substance, submit
to the bureau of criminal apprehension a report of the
transaction that includes the identification information
specified in subdivision 3.
Subd. 2. [REGULAR REPORTS.] The bureau may authorize a
supplier to submit the reports on a monthly basis with respect
to repeated, regular transactions between the supplier and the
purchaser involving the same substance if the superintendent of
the bureau of criminal apprehension determines that:
(1) a pattern of regular supply of the precursor substance
exists between the supplier and the purchaser of the substance;
or
(2) the purchaser has established a record of utilizing the
precursor substance for lawful purposes.
Subd. 3. [PROPER IDENTIFICATION.] A report submitted by a
supplier under this section must include:
(1) a driver's license or state identification card that
contains a photograph of the purchaser and includes the
residential or mailing address of the purchaser, other than a
post office box number;
(2) the motor vehicle license number of any motor vehicle
owned or operated by the purchaser;
(3) a letter of authorization from the business for which
the precursor substance is being furnished, including the
business license number and address of the business, a full
description of how the precursor substance is to be used, and
the signature of the purchaser;
(4) the signature of the supplier as a witness to the
signature and identification of the purchaser;
(5) the type and quantity of the precursor substance; and
(6) the method of delivery used.
Subd. 4. [RETENTION OF RECORDS.] A supplier shall retain a
copy of the report filed under this section for five years.
Sec. 25. [152.0974] [EXCEPTIONS.]
Sections 152.0971 to 152.0974 do not apply to:
(1) a pharmacist or other authorized person who sells or
furnishes a precursor substance on the prescription of a
physician, dentist, podiatrist, or veterinarian;
(2) a physician, dentist, podiatrist, or veterinarian who
administers or furnishes a precursor substance to patients;
(3) a manufacturer or wholesaler licensed by the state
board of pharmacy who sells, transfers, or otherwise furnishes a
precursor substance to a licensed pharmacy, physician, dentist,
podiatrist, or veterinarian; or
(4) the furnishing or receipt of a drug that contains
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine and is lawfully furnished over the counter
without a prescription under the federal Food, Drug, and
Cosmetic Act, United States Code, title 21, chapter 9, or
regulations adopted under that act.
Sec. 26. Minnesota Statutes 1989 Supplement, section
168.011, subdivision 7, is amended to read:
Subd. 7. [PASSENGER AUTOMOBILE.] "Passenger automobile"
means any motor vehicle designed and used for the carrying of
not more than 15 persons including the driver. "Passenger
automobile" does not include motorcycles and, motor scooters,
and buses described in subdivision 9, paragraph (a), clause (2).
For purposes of taxation only, "passenger automobile" includes
pickup trucks and vans.
Sec. 27. Minnesota Statutes 1989 Supplement, section
168.011, subdivision 9, is amended to read:
Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" means (1) every
motor vehicle designed for carrying more than 15 passengers
including the driver and used for transporting persons, and (2)
every motor vehicle that is (i) designed for carrying more than
ten passengers including the driver, (ii) used for transporting
persons, and (iii) owned by a nonprofit organization and not
operated for hire or for commercial purposes.
(b) "Intercity bus" means any bus operating as a common
passenger carrier over regular routes and between fixed termini,
but excluding all buses operating wholly within the limits of
one city, or wholly within two or more contiguous cities, or
between contiguous cities and a terminus outside the corporate
limits of such cities, and not more than 20 miles distant
measured along the fixed route from such corporate limits.
Sec. 28. Minnesota Statutes 1989 Supplement, section
168.33, subdivision 7, is amended to read:
Subd. 7. [FEES.] In addition to all other statutory fees
and taxes, a filing fee of $3.50 is imposed on every
application; except that a filing fee may not be charged for a
document returned for a refund or for a correction of an error
made by the department or a deputy registrar. The filing fee
shall be shown as a separate item on all registration renewal
notices sent out by the department of public safety. No filing
fee or other fee may be charged for the permanent surrender of a
certificate of title and license plates for a motor
vehicle. Filing fees collected under this subdivision by the
registrar must be paid into the state treasury and credited to
the highway user tax distribution fund, except fees for
registrations of new motor vehicles. Filing fees collected for
registrations of new motor vehicles must be paid into the state
treasury with 50 percent of the money credited to the general
fund and 50 percent credited to the highway user tax
distribution fund.
Sec. 29. Minnesota Statutes 1988, section 170.23, is
amended to read:
170.23 [ABSTRACTS; FEE; ADMISSIBLE IN EVIDENCE.]
The commissioner shall upon request furnish any person a
certified abstract of the operating record of any person subject
to the provisions of this chapter, and, if there shall be no
record of any conviction of such person of violating any law
relating to the operation of a motor vehicle or of any injury or
damage caused by such person, the commissioner shall so
certify. Such abstracts shall not be admissible as evidence in
any action for damages or criminal proceedings arising out of a
motor vehicle accident. A fee of $5 shall be paid for each such
abstract. The commissioner shall permit a person to inquire
into the operating record of any person by means of the
inquiring person's own computer facilities for a fee to be
determined by the commissioner of at least $2 for each inquiry.
The commissioner shall furnish an abstract that is not certified
for a fee to be determined by the commissioner in an amount less
than the fee for a certified abstract but more than the fee for
an inquiry by computer. Fees collected under this section must
be paid into the state treasury with 90 percent of the money
credited to the trunk highway fund and ten percent credited to
the general fund.
Sec. 30. Minnesota Statutes 1989 Supplement, section
297B.09, subdivision 1, is amended to read:
Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected
and received under this chapter must be deposited in the state
treasury and credited to the general fund. The amounts
collected and received shall be credited as provided in this
subdivision, and transferred from the general fund on July 15
and January 15 of each fiscal year. The commissioner of finance
must make each transfer based upon the actual receipts of the
preceding six calendar months and include the interest earned
during that six-month period. The commissioner of finance may
establish a quarterly or other schedule providing for more
frequent payments to the transit assistance fund if the
commissioner determines it is necessary or desirable to provide
for the cash flow needs of the recipients of money from the
transit assistance fund.
(b) Thirty Twenty-five percent of the money collected and
received under this chapter after June 30, 1988 1990, and before
July 1, 1991, must be transferred to the highway user tax
distribution fund and the transit assistance fund for
apportionment as follows: 75 percent must be transferred to the
highway user tax distribution fund for apportionment in the same
manner and for the same purposes as other money in that fund,
and the remaining 25 percent of the money must be transferred to
the transit assistance fund to be appropriated to the
commissioner of transportation for transit assistance within the
state and to the regional transit board.
(c) Five percent of the money collected and received under
this chapter after June 30, 1989, and before July 1, 1991, must
be transferred as follows: 75 percent must be transferred to
the trunk highway fund and 25 percent must be transferred to the
transit assistance fund.
(d) Thirty-five Thirty percent of the money collected and
received under this chapter after June 30, 1991, must be
transferred as follows: 75 percent must be transferred to the
trunk highway fund and 25 percent must be transferred to the
transit assistance fund.
(e) The distributions under this subdivision to the highway
user tax distribution fund until June 30, 1991, and to the trunk
highway fund thereafter, must be reduced by the amount necessary
to fund the appropriation under section 41A.09, subdivision 1.
For the fiscal years ending June 30, 1988, and June 30, 1989,
the commissioner of finance, before making the transfers
required on July 15 and January 15 of each year, shall estimate
the amount required to fund the appropriation under section
41A.09, subdivision 1, for the six-month period for which the
transfer is being made. The commissioner shall then reduce the
amount transferred to the highway user tax distribution fund by
the amount of that estimate. The commissioner shall reduce the
estimate for any six-month period by the amount by which the
estimate for the previous six-month period exceeded the amount
needed to fund the appropriation under section 41A.09,
subdivision 1, for that previous six-month period. If at any
time during a six-month period in those fiscal years the amount
of reduction in the transfer to the highway user tax
distribution fund is insufficient to fund the appropriation
under section 41A.09, subdivision 1 for that period, the
commissioner shall transfer to the general fund from the highway
user tax distribution fund an additional amount sufficient to
fund the appropriation for that period, but the additional
amount so transferred to the general fund in a six-month period
may not exceed the amount transferred to the highway user tax
distribution fund for that six-month period.
Sec. 31. [299A.331] [DARE ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The advisory council on drug
abuse resistance education consists of:
(1) the attorney general who shall serve as chair;
(2) the commissioner of public safety;
(3) the commissioner of education;
(4) three representatives of law enforcement appointed by
the commissioner of public safety;
(5) three representatives of education appointed by the
commissioner of education;
(6) a representative of the DARE officers association
appointed by the peace officer standards and training board from
among recommendations of the association; and
(7) seven citizens appointed by the attorney general.
Subd. 2. [DUTIES.] The council shall:
(1) advise the bureau of criminal apprehension in
establishing a drug abuse resistance education training program
for peace officers;
(2) promote the drug abuse resistance education program
throughout the state;
(3) monitor the drug abuse resistance education officer
training program in conjunction with the bureau of criminal
apprehension;
(4) provide coordination and assistance to local
communities who wish to implement drug abuse resistance
education programs in their local school systems;
(5) encourage parental and community involvement in drug
abuse resistance education programs;
(6) develop a private and public partnership to provide for
continuation and funding for the drug abuse resistance education
program; and
(7) receive money from public and private sources for use
in the drug abuse resistance education program.
Sec. 32. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor April 26, 1990
Signed by the governor May 3, 1990, 10:51 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes