HF 1662

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; establishing the metropolitan 
  1.3             transportation improvement board; directing the 
  1.4             secretary of state to conduct metropolitan area 
  1.5             election concerning imposition of one-half cent 
  1.6             general sales tax; authorizing the board to impose 
  1.7             one-half cent sales tax and motor vehicle excise tax 
  1.8             in the metropolitan area; dedicating revenues to 
  1.9             interstate and trunk highway improvements and transit 
  1.10            capital in the metropolitan area; appropriating money; 
  1.11            amending Minnesota Statutes 2000, section 174.03, by 
  1.12            adding a subdivision; proposing coding for new law in 
  1.13            Minnesota Statutes, chapter 473. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 174.03, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 2a.  [HIGHWAY SPENDING IN METROPOLITAN DISTRICT.] In 
  1.18  any year during the period of imposition of the taxes authorized 
  1.19  in section 473.922, subdivisions 5 and 6, and exclusive of the 
  1.20  expenditure of these revenues, the percentage of total trunk 
  1.21  highway fund expenditures attributable to projects in the 
  1.22  metropolitan district may not vary more than two percentage 
  1.23  points from the average of the previous five years of trunk 
  1.24  highway fund metropolitan district expenditures. 
  1.25     Sec. 2.  [473.920] [METROPOLITAN TRANSPORTATION IMPROVEMENT 
  1.26  BOARD.] 
  1.27     Subdivision 1.  [GENERAL.] The metropolitan transportation 
  1.28  improvement board is established and shall be organized, 
  1.29  structured, and administered as provided in this section. 
  2.1      Subd. 2.  [MEMBERSHIP; QUALIFICATIONS.] The board shall 
  2.2   consist of seven members appointed one each by the county boards 
  2.3   of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
  2.4   Scott, and Washington.  Each board member must be an elected 
  2.5   county commissioner. 
  2.6      Subd. 3.  [CHAIR.] The chair shall annually be elected by 
  2.7   and from among the seven board members.  The chair shall preside 
  2.8   at all meetings of the board, if present, and shall perform all 
  2.9   other duties and functions assigned by the board or by law.  The 
  2.10  board may appoint from among its members a vice-chair to act for 
  2.11  the chair during temporary absence or disability. 
  2.12     Subd. 4.  [TERMS.] The term of each member shall be two 
  2.13  years.  The terms shall continue until a successor is appointed 
  2.14  and qualified. 
  2.15     Subd. 5.  [VACANCIES.] A vacancy shall be filled by the 
  2.16  appointing authority in the same manner in which the original 
  2.17  appointment was made. 
  2.18     Subd. 6.  [COMPENSATION.] Members serve without 
  2.19  compensation but shall be reimbursed for all actual and 
  2.20  necessary expenses incurred in the performance of duties.  The 
  2.21  annual budget of the board shall provide a separate account for 
  2.22  anticipated expenditures and associated expenses for the chair 
  2.23  and members.  Reimbursement shall be made only when budgeted. 
  2.24     Subd. 7.  [MEETINGS.] The board shall meet at least once 
  2.25  per year at such time and place as the board shall by resolution 
  2.26  designate.  Special meetings may be held at any time upon the 
  2.27  call of the chair or a majority of the members upon written 
  2.28  notice to each member at least three days before the meeting or 
  2.29  upon other notice the board may by resolution provide.  Unless 
  2.30  otherwise provided, any action within the authority of the board 
  2.31  may be taken by affirmative vote of a majority of the members.  
  2.32  A majority of all of the members of the board shall constitute a 
  2.33  quorum. 
  2.34     Sec. 3.  [473.922] [POWERS OF THE METROPOLITAN 
  2.35  TRANSPORTATION IMPROVEMENT BOARD.] 
  2.36     Subdivision 1.  [METROPOLITAN TRANSPORTATION AREA.] 
  3.1   "Metropolitan transportation area" means the counties of:  
  3.2   Anoka; Carver; Dakota, excluding the city of Northfield; 
  3.3   Hennepin, excluding the city of Hanover; Ramsey; Scott, 
  3.4   excluding the city of New Prague; and Washington. 
  3.5      Subd. 2.  [GENERAL.] The board shall have all powers 
  3.6   necessary to discharge the duties imposed by law, including, but 
  3.7   not limited to, those specified in this section. 
  3.8      Subd. 3.  [ACTIONS.] The board may sue and be sued and 
  3.9   shall be a public body within the meaning of chapter 562. 
  3.10     Subd. 4.  [EMPLOYEES.] The board may employ persons and 
  3.11  contract for services necessary to carry out its functions. 
  3.12     Subd. 5.  [SALES AND USE TAX AUTHORIZED.] Notwithstanding 
  3.13  section 477A.016 or any other provision of law, ordinance, or 
  3.14  city charter, if approved by a majority of the voters in the 
  3.15  metropolitan transportation area at an election described in 
  3.16  section 4, the board may impose by resolution a sales and use 
  3.17  tax of up to one-half of one percent on sales in the 
  3.18  metropolitan transportation area for the purposes specified in 
  3.19  subdivision 7.  Except as otherwise provided in this section, 
  3.20  the provisions of section 297A.99 govern the imposition, 
  3.21  administration, collection, and enforcement of the tax 
  3.22  authorized under this subdivision. 
  3.23     Subd. 6.  [EXCISE TAX AUTHORIZED.] Notwithstanding section 
  3.24  477A.016 or any other provision of law, ordinance, or city 
  3.25  charter, if approved by a majority of the voters in the 
  3.26  metropolitan transportation area at an election described in 
  3.27  section 4, the board may impose by resolution, for the purposes 
  3.28  specified in subdivision 7, an excise tax of up to $20 per motor 
  3.29  vehicle, as defined by resolution, purchased or acquired from 
  3.30  any person engaged within the metropolitan transportation area 
  3.31  in the business of selling motor vehicles at retail. 
  3.32     Subd. 7.  [USE OF REVENUES.] Revenues received from taxes 
  3.33  authorized by subdivisions 5 and 6 must be used by the 
  3.34  metropolitan transportation improvement board to pay the cost of 
  3.35  collecting the taxes, expenses of the board, cost of the audit 
  3.36  under subdivision 9, and for transfer as follows: 
  4.1      (1) up to $20,000,000 each year to the metropolitan 
  4.2   council, upon its request, to pay for acquisition of buses, 
  4.3   highway shoulder improvements for buses, and other capital 
  4.4   expenses related to the metropolitan area bus system, but none 
  4.5   of this money may be used for study, planning, or implementation 
  4.6   of rail projects; and 
  4.7      (2) the remaining amount to the trunk highway fund for 
  4.8   expenditure by the commissioner of transportation, at the times 
  4.9   and in the amounts requested by the commissioner, to pay to 
  4.10  complete those metropolitan highway system improvement, 
  4.11  replacement, and bottleneck removal projects and those 
  4.12  metropolitan system highway expansion projects identified in the 
  4.13  transportation policy plan, tables 8 and 10, adopted January 24, 
  4.14  2001, by the metropolitan council.  The commissioner must 
  4.15  complete letting all the projects referenced in this clause no 
  4.16  later than June 30, 2011. 
  4.17     Subd. 8.  [TERMINATION OF TAXES.] Notwithstanding section 
  4.18  297A.99, the taxes imposed under subdivisions 5 and 6 expire 
  4.19  when the commissioner of transportation has completed 
  4.20  construction of all projects referenced in subdivision 7, clause 
  4.21  (2). 
  4.22     Subd. 9.  [AUDIT.] The legislative auditor shall make an 
  4.23  independent audit of the board's books and accounts once each 
  4.24  year or as often as the legislative auditor's funds and 
  4.25  personnel permit.  The costs of the audits shall be paid by the 
  4.26  board under section 3.9741. 
  4.27     Sec. 4.  [ELECTION.] 
  4.28     The secretary of state, in cooperation with the county 
  4.29  auditors of the metropolitan transportation area, shall conduct 
  4.30  a special election in the metropolitan transportation area at 
  4.31  the time of the general election the Tuesday after the first 
  4.32  Monday in November 2001.  The following question shall appear on 
  4.33  the ballot: 
  4.34     "Shall an additional tax of one-half of one percent be 
  4.35  temporarily imposed on sales in the metropolitan area to pay for 
  4.36  transportation improvements to relieve traffic congestion in the 
  5.1   metropolitan area?" 
  5.2      If a majority of the electors voting on the question answer 
  5.3   the question in the affirmative, the metropolitan transportation 
  5.4   improvement board is authorized to impose the taxes described in 
  5.5   Minnesota Statutes, section 473.922, subdivisions 5 and 6. 
  5.6      Sec. 5.  [ELECTION COST.] 
  5.7      The secretary of state shall pay the cost of the special 
  5.8   election from the appropriation in section 7. 
  5.9      Sec. 6.  [REPORT.] 
  5.10     In each year during the period of imposition of the taxes 
  5.11  authorized in Minnesota Statutes, section 473.922, subdivisions 
  5.12  5 and 6, the commissioner of transportation and the metropolitan 
  5.13  council shall report by February 1 to the house and senate 
  5.14  committees having jurisdiction over transportation policy and 
  5.15  finance, concerning the revenues received from the metropolitan 
  5.16  transportation improvement board and the expenditures of that 
  5.17  money. 
  5.18     Sec. 7.  [APPROPRIATION.] 
  5.19     $....... is appropriated from the general fund to the 
  5.20  secretary of state for the purpose set forth in sections 4 and 5.
  5.21     Sec. 8.  [APPLICATION.] 
  5.22     This act applies in the counties of Anoka, Carver, Dakota, 
  5.23  Hennepin, Ramsey, Scott, and Washington. 
  5.24     Sec. 9.  [EFFECTIVE DATE.] 
  5.25     The taxes authorized in section 3, subdivisions 5 and 6, 
  5.26  are effective as to sales made on and after July 1, 2002.  The 
  5.27  remaining subdivisions of section 3 are effective upon an 
  5.28  affirmative vote by a majority of the electors in the special 
  5.29  election held under section 4.  Sections 2 and 3 are repealed 
  5.30  when all projects referenced in section 3, subdivision 7, clause 
  5.31  (2), are completed.