HF 1985

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
proposing an amendment to the Minnesota Constitution, article XIV, section
8; allowing municipal state-aid street fund to be distributed to cities with a
population under 5,000; making conforming changes; amending Minnesota
Statutes 2008, sections 160.02, subdivision 21; 162.13; 162.14, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article XIV, section 8, will read:
new text end

Sec. 8.

There is hereby created a municipal state-aid street fund to be apportioned as
provided by law among new text begin the new text end municipalities deleted text begin having a population of 5,000 or more deleted text end . The fund
shall be used by municipalities as provided by law for the construction, improvement and
maintenance of municipal state-aid streets. The legislature may authorize municipalities
to use a part of the fund in the construction, improvement and maintenance of other
municipal streets, trunk highways, and county state-aid highways within the counties in
which the municipality is located.

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2010 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to allow cities with a population
under 5,000 to receive a share of municipal state-aid funds for construction, improvement,
and maintenance of city streets?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

Sec. 3.

Minnesota Statutes 2008, section 160.02, subdivision 21, is amended to read:

Subd. 21.

Municipal state-aid streets.

"Municipal state-aid streets" includes
all streets within deleted text begin the deleted text end cities deleted text begin having a population of 5,000 or more, deleted text end new text begin and new text end established in
accordance with law as municipal state-aid streets.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon adoption of the constitutional
amendment proposed in section 1, by the people at the 2010 general election.
new text end

Sec. 4.

Minnesota Statutes 2008, section 162.13, is amended to read:

162.13 FORMULA FOR APPORTIONMENT TO CITIES.

Subdivision 1.

Factors in formula.

After deducting for administrative costs and
for the disaster fund and research account as heretofore provided, and for any allocation
made under section 162.125, the remainder of the total sum provided for in subdivision 1
of section 162.12 shall be identified as the apportionment sum, and shall be apportioned
by the commissioner to deleted text begin the deleted text end cities deleted text begin having a population of 5,000 or more, deleted text end in accordance
with the following formula:

(1) An amount equal to 50 percent of such apportionment sum shall be apportioned
among deleted text begin the deleted text end cities deleted text begin having a population of 5,000 or more deleted text end so that each such city shall receive
of such amount the percentage that its money needs bears to the total money needs of
all such cities.

(2) An amount equal to 50 percent of such apportionment sum shall be apportioned
among deleted text begin the deleted text end cities deleted text begin having a population of 5,000 or more deleted text end so that each such city shall receive
of such amount the percentage that its population bears to the total population of all such
cities.

Subd. 2.

Money needs defined.

For the purpose of this section money needs of each
city deleted text begin having a population of 5,000 or more deleted text end are defined as the estimated cost of constructing
and maintaining over a period of 25 years the municipal state-aid street system in such
city. Right-of-way costs and drainage shall be included in money needs. Lighting costs
and other costs incidental to construction and maintenance, or a specified portion of such
costs, as set forth in the commissioner's rules, may be included in determining money
needs. When a county locates a county state-aid highway over a portion of a street in any
such city and the remaining portion is designated as a municipal state-aid street only the
construction and maintenance costs of the portion of the street other than the portions taken
over by the county shall be included in the money needs of the city. To avoid variances
in costs due to differences in construction and maintenance policy, construction and
maintenance costs shall be estimated on the basis of the engineering standards developed
cooperatively by the commissioner and the engineers, or a committee thereof, of the cities.
Any variance granted pursuant to section 162.09, subdivision 3a shall be reflected in the
estimated construction and maintenance costs in determining money needs.

Subd. 3.

Screening board.

(a) On or before September 1 of each year, the engineer
of each city deleted text begin having a population of 5,000 or more deleted text end shall forward to the commissioner on
forms prepared by the commissioner, all information relating to the money needs of the
city that the commissioner deems necessary in order to apportion the municipal state-aid
street fund in accordance with the apportionment formula heretofore set forth. Upon
receipt of the information the commissioner shall appoint a board of city engineers. The
board shall be composed of one engineer from each state highway construction district,
and in addition thereto, one engineer from each city of the first class. The board shall
investigate and review the information submitted by each city. On or before November
1 of each year, the board shall submit its findings and recommendations in writing as to
each city's money needs to the commissioner on a form prepared by the commissioner.
Final determination of the money needs of each city shall be made by the commissioner.
In the event that any city shall fail to submit the information provided for herein, the
commissioner shall estimate the money needs of the city. The estimate shall be used in
solving the apportionment formula. The commissioner may withhold payment of the
amount apportioned to the city until the information is submitted.

(b) Notwithstanding section 15.059, subdivision 5, the board does not expire.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon adoption of the constitutional
amendment proposed in section 1, by the people at the 2010 general election.
new text end

Sec. 5.

Minnesota Statutes 2008, section 162.14, subdivision 1, is amended to read:

Subdivision 1.

Statement of apportionment to each city.

Upon determining
the amount of money to be apportioned to each of the cities deleted text begin having a population of
5,000 or more deleted text end , the commissioner shall forthwith send a statement of the amount to the
commissioner of finance and to the clerk and engineer of each such city. The amount so
apportioned to each city shall be paid by the state to the fiscal officer of the city out of
the municipal state-aid street fund as hereinafter provided and in accordance with rules
promulgated by the commissioner, not inconsistent herewith.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon adoption of the constitutional
amendment proposed in section 1, by the people at the 2010 general election.
new text end