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) ThirtyTwenty-five percent of the money collected and received under this chapter after June 30, 19881990, 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-fiveThirty 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.