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Office of the Revisor of Statutes

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.