as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; changing composition of 1.3 county state-aid screening board; increasing rate of 1.4 excise tax on gasoline and special fuel; allocating 25 1.5 percent of receipts from motor vehicle sales tax to 1.6 transit assistance fund; proposing constitutional 1.7 amendment by adding a section to article XIV, to 1.8 dedicate at least 25 percent of motor vehicle sales 1.9 tax receipts to transit assistance; amending Minnesota 1.10 Statutes 1996, sections 162.07, subdivision 5; 296.02, 1.11 subdivision 1b; 296.025, subdivision 1b; and 297B.09, 1.12 subdivision 1. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1996, section 162.07, 1.15 subdivision 5, is amended to read: 1.16 Subd. 5. [SCREENING BOARD.] On or before September 1 of 1.17 each year the county engineer of each county shall forward to 1.18 the commissioner, on forms prepared by the commissioner, all 1.19 information relating to the mileage, in lane-miles, of the 1.20 county state-aid highway system in the county, and the money 1.21 needs of the county that the commissioner deems necessary in 1.22 order to apportion the county state-aid highway fund in 1.23 accordance with the formula heretofore set forth. Upon receipt 1.24 of the information the commissioner shall appoint a board 1.25 consisting ofthe following county engineers:1.26(1) two county engineers from the metropolitan highway1.27construction district;1.28(2)one county engineer from eachnonmetropolitan highway1.29district; and2.1(3) one additional county engineer from each county with a2.2population of 175,000 or morestate highway construction 2.3 district plus three additional engineers from the highway 2.4 construction district that includes Anoka, Carver, Chisago, 2.5 Dakota, Hennepin, Ramsey, Scott, and Washington counties. Of 2.6 the four county engineers appointed from this district, two must 2.7 be appointed from Anoka, Hennepin, Carver, and Scott counties 2.8 and two must be appointed from Chisago, Dakota, Ramsey, and 2.9 Washington counties. 2.10 No county engineer shall be appointedunder clause (1) or2.11(2)so as to serve consecutively for more thanfourtwo years. 2.12 The board shall investigate and review the information submitted 2.13 by each county and shall on or before the first day of November 2.14 of each year submit its findings and recommendations in writing 2.15 as to each county's lane-mileage and money needs to the 2.16 commissioner on a form prepared by the commissioner. Final 2.17 determination of the lane-mileage of each system and the money 2.18 needs of each county shall be made by the commissioner. 2.19 Sec. 2. Minnesota Statutes 1996, section 296.02, 2.20 subdivision 1b, is amended to read: 2.21 Subd. 1b. [RATES IMPOSED.] The gasoline excise tax is 2.22 imposed at the following rates: 2.23 (1) E85 is taxed at the rate of14.217.7 cents per gallon; 2.24 (2) M85 is taxed at the rate of11.414.2 cents per gallon; 2.25 and 2.26 (3) all other gasoline is taxed at the rate of2025 cents 2.27 per gallon. 2.28 Sec. 3. Minnesota Statutes 1996, section 296.025, 2.29 subdivision 1b, is amended to read: 2.30 Subd. 1b. [TAX RATES.] The special fuel excise tax is 2.31 imposed at the following rates: 2.32 (1) Liquefied petroleum gas or propane is taxed at the rate 2.33 of1518.7 cents per gallon. 2.34 (2) Liquefied natural gas is taxed at the rate of1215 2.35 cents per gallon. 2.36 (3) Compressed natural gas is taxed at the rate 3.1 of$1.739$2.174 per thousand cubic feet; or2025 cents per 3.2 gasoline equivalent, as defined by the National Conference on 3.3 Weights and Measures, which is 5.66 pounds of natural gas. 3.4 (4) All other special fuel is taxed at the same rate as the 3.5 gasoline excise tax. 3.6 Sec. 4. Minnesota Statutes 1996, section 297B.09, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [GENERAL FUND SHAREALLOCATION OF 3.9 RECEIPTS.](a) Money collected and received under this chapter3.10must be deposited in the state treasury and credited to the3.11general fund. The amounts collected and received shall be3.12credited as provided in this subdivision, and transferred from3.13the general fund on July 15 and February 15 of each fiscal3.14year. The commissioner of finance must make each transfer based3.15upon the actual receipts of the preceding six calendar months3.16and include the interest earned during that six-month period.3.17The commissioner of finance may establish a quarterly or other3.18schedule providing for more frequent payments to the transit3.19assistance fund if the commissioner determines it is necessary3.20or desirable to provide for the cash flow needs of the3.21recipients of money from the transit assistance fund.3.22(b) Twenty-five percent of the money collected and received3.23under this chapter after June 30, 1990, and before July 1, 1991,3.24must be transferred to the highway user tax distribution fund3.25and the transit assistance fund for apportionment as follows:3.2675 percent must be transferred to the highway user tax3.27distribution fund for apportionment in the same manner and for3.28the same purposes as other money in that fund, and the remaining3.2925 percent of the money must be transferred to the transit3.30assistance fund to be appropriated to the commissioner of3.31transportation for transit assistance within the state and to3.32the metropolitan council.3.33(c) The distributions under this subdivision to the highway3.34user tax distribution fund until June 30, 1991, and to the trunk3.35highway fund thereafter, must be reduced by the amount necessary3.36to fund the appropriation under section 41A.09, subdivision 1.4.1For the fiscal years ending June 30, 1988, and June 30, 1989,4.2the commissioner of finance, before making the transfers4.3required on July 15 and January 15 of each year, shall estimate4.4the amount required to fund the appropriation under section4.541A.09, subdivision 1, for the six-month period for which the4.6transfer is being made. The commissioner shall then reduce the4.7amount transferred to the highway user tax distribution fund by4.8the amount of that estimate. The commissioner shall reduce the4.9estimate for any six-month period by the amount by which the4.10estimate for the previous six-month period exceeded the amount4.11needed to fund the appropriation under section 41A.09,4.12subdivision 1, for that previous six-month period. If at any4.13time during a six-month period in those fiscal years the amount4.14of reduction in the transfer to the highway user tax4.15distribution fund is insufficient to fund the appropriation4.16under section 41A.09, subdivision 1, for that period, the4.17commissioner shall transfer to the general fund from the highway4.18user tax distribution fund an additional amount sufficient to4.19fund the appropriation for that period, but the additional4.20amount so transferred to the general fund in a six-month period4.21may not exceed the amount transferred to the highway user tax4.22distribution fund for that six-month periodReceipts from the 4.23 tax imposed under this chapter must be deposited in the state 4.24 treasury and credited as follows: 4.25 (1) 25 percent to the transit assistance fund established 4.26 under section 174.32; and 4.27 (2) the remainder to the general fund. 4.28 Sec. 5. [CONSTITUTIONAL AMENDMENT PROPOSED.] 4.29 An amendment is proposed to the Minnesota Constitution, 4.30 article XIV. If the amendment is adopted, the title of article 4.31 XIV will be "TRANSPORTATION" and article XIV will be amended by 4.32 adding a section to read: 4.33 Sec. 12. The legislature shall appropriate in each fiscal 4.34 year for assistance to transit, as defined by law, an amount 4.35 equal to not less than 25 percent of the net proceeds from a 4.36 sales and excise tax imposed by law on the purchase price of new 5.1 and used vehicles. 5.2 Sec. 6. [SUBMISSION TO VOTERS.] 5.3 The constitutional amendment proposed in section 5 must be 5.4 submitted to the people at the 1998 general election. The 5.5 question submitted must be: 5.6 "Shall the Minnesota Constitution be amended to require 5.7 that the legislature must appropriate for transit assistance an 5.8 amount equal to at least 25 percent of net proceeds from a sales 5.9 or excise tax on new and used motor vehicles? 5.10 Yes ....... 5.11 No ........" 5.12 Sec. 7. [EFFECTIVE DATE.] 5.13 Section 1 is effective July 1, 1997. Sections 2 and 3 are 5.14 effective July 1, 1997. Section 2 applies to all gasoline in 5.15 distributor storage on July 1, 1997. Section 4 is effective 5.16 July 1, 1999.