HF 2408

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; changing passenger 
  1.3             automobile registration tax; establishing mobility 
  1.4             fund for public transit; dedicating five percent of 
  1.5             sales tax on motor vehicles to mobility fund; 
  1.6             requiring land use standards for metropolitan 
  1.7             transitways; defining eligibility for certain public 
  1.8             transit funding; appropriating money; amending 
  1.9             Minnesota Statutes 1998, sections 168.013, subdivision 
  1.10            1a; 297B.09, subdivision 1; and 473.25; proposing 
  1.11            coding for new law in Minnesota Statutes, chapters 
  1.12            174; and 473. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 168.013, 
  1.15  subdivision 1a, is amended to read: 
  1.16     Subd. 1a.  [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger 
  1.17  automobiles as defined in section 168.011, subdivision 7, and 
  1.18  hearses, except as otherwise provided, the tax shall be $10 plus 
  1.19  an additional tax equal to 1.25 percent of the base value.  
  1.20     (b) Subject to the classification provisions herein, "base 
  1.21  value" means the manufacturer's suggested retail price of the 
  1.22  vehicle including destination charge using list price 
  1.23  information published by the manufacturer or determined by the 
  1.24  registrar if no suggested retail price exists, and shall not 
  1.25  include the cost of each accessory or item of optional equipment 
  1.26  separately added to the vehicle and the suggested retail price. 
  1.27     (c) If the manufacturer's list price information contains a 
  1.28  single vehicle identification number followed by various 
  1.29  descriptions and suggested retail prices, the registrar shall 
  2.1   select from those listings only the lowest price for determining 
  2.2   base value. 
  2.3      (d) If unable to determine the base value because the 
  2.4   vehicle is specially constructed, or for any other reason, the 
  2.5   registrar may establish such value upon the cost price to the 
  2.6   purchaser or owner as evidenced by a certificate of cost but not 
  2.7   including Minnesota sales or use tax or any local sales or other 
  2.8   local tax. 
  2.9      (e) The registrar shall classify every vehicle in its 
  2.10  proper base value class as follows: 
  2.11                        FROM                   TO
  2.12                        $  0                $199.99
  2.13                         200                 399.99
  2.14  and thereafter a series of classes successively set in brackets 
  2.15  having a spread of $200 consisting of such number of classes as 
  2.16  will permit classification of all vehicles. 
  2.17     (f) The base value for purposes of this section shall be 
  2.18  the middle point between the extremes of its class. 
  2.19     (g) The registrar shall establish the base value, when new, 
  2.20  of every passenger automobile and hearse registered prior to the 
  2.21  effective date of Extra Session Laws 1971, chapter 31, using 
  2.22  list price information published by the manufacturer or any 
  2.23  nationally recognized firm or association compiling such data 
  2.24  for the automotive industry.  If unable to ascertain the base 
  2.25  value of any registered vehicle in the foregoing manner, the 
  2.26  registrar may use any other available source or method.  The tax 
  2.27  on all previously registered vehicles shall be computed upon the 
  2.28  base value thus determined taking into account the depreciation 
  2.29  provisions of paragraph (h). 
  2.30     (h) Except as provided in paragraph (i), the annual 
  2.31  additional tax computed upon the base value as provided herein, 
  2.32  during the first and second years of vehicle life shall be 
  2.33  computed upon 100 percent of the base value; for the third and 
  2.34  fourth years, 90 percent of such value; for the fifth and sixth 
  2.35  years, 75 percent of such value; for the seventh year, 60 
  2.36  percent of such value; for the eighth year, 40 percent of such 
  3.1   value; for the ninth year, 30 percent of such value; for the 
  3.2   tenth year, ten percent of such value; for the 11th and each 
  3.3   succeeding year, the sum of $25.  
  3.4      In no event shall the annual additional tax be less than 
  3.5   $25. 
  3.6      For registration of passenger automobiles, other than the 
  3.7   initial registration of a new passenger automobile, the annual 
  3.8   additional tax shall not exceed $65. 
  3.9      (i) The annual additional tax under paragraph (h) on a 
  3.10  motor vehicle on which the first annual tax was paid before 
  3.11  January 1, 1990, must not exceed the tax that was paid on that 
  3.12  vehicle the year before. 
  3.13     Sec. 2.  [174.55] [MOBILITY FUND.] 
  3.14     Subdivision 1.  [CREATION.] The mobility fund is created as 
  3.15  an account in the general fund.  Money in the mobility fund 
  3.16  consists of proceeds dedicated to it under section 297B.09 and 
  3.17  appropriations and transfers made by the legislature to the 
  3.18  mobility fund. 
  3.19     Subd. 2.  [PURPOSE; APPROPRIATION.] The mobility fund is a 
  3.20  funding source for the state's portion of capital costs of major 
  3.21  improvement projects relating to public transit.  Money in the 
  3.22  fund is appropriated to the commissioner of transportation and 
  3.23  may be used for light rail, commuter rail, or bus rapid transit 
  3.24  (busway) projects.  Money in the mobility fund may only be used 
  3.25  to match federal and local funds allocated for a project.  The 
  3.26  commissioner of transportation and the chair of the metropolitan 
  3.27  council may not obligate or encumber appropriations from the 
  3.28  mobility fund for any project until binding agreements are 
  3.29  executed with the federal government and appropriate local 
  3.30  governments to provide the following, minimum, nonstate shares 
  3.31  of any project:  
  3.32     (a) For light rail transit projects, the federal government 
  3.33  must commit to a minimum of 30 percent of the total project 
  3.34  costs and involved local governments must commit to a minimum of 
  3.35  15 percent of the total project costs. 
  3.36     (b) For commuter rail projects, the federal government must 
  4.1   commit to a minimum of 15 percent of the total project costs and 
  4.2   involved local governments must commit to a minimum of ten 
  4.3   percent of the total project costs. 
  4.4      (c) For dedicated busway projects, the federal government 
  4.5   must commit to a minimum of 30 percent of total project costs. 
  4.6      Subd. 3.  [BUDGET RECOMMENDATIONS; PROJECT REPORTS.] (a) 
  4.7   The governor's detailed budget recommendations as required under 
  4.8   section 16A.11 shall include a joint report by the commissioner 
  4.9   of transportation and the chair of the metropolitan council on 
  4.10  the status of projects in construction and projects in planning 
  4.11  and anticipated to be funded with money from the mobility fund.  
  4.12     (b) For transitway projects in the metropolitan area, as 
  4.13  defined in section 473.121, subdivision 2, the joint 
  4.14  recommendation for appropriations from the mobility fund shall 
  4.15  include only the transitway projects that the metropolitan 
  4.16  council has determined have met the requirements of section 
  4.17  473.8681, subdivisions 4 and 5. 
  4.18     Subd. 4.  [FUND TRANSFERS.] Prior to October 15 of every 
  4.19  year beginning in 2006, the commissioner of finance, in 
  4.20  cooperation with the commissioner of transportation and the 
  4.21  chair of the metropolitan council, shall evaluate the status of 
  4.22  projects financed or proposed to be financed from the mobility 
  4.23  fund.  If the commissioner determines that any portion of the 
  4.24  resources in the fund have been available for a period of five 
  4.25  years and have not been obligated and encumbered for a project 
  4.26  subject to a federal funding agreement, the commissioner shall 
  4.27  reduce the mobility fund by the amount so determined and 
  4.28  transfer that amount to the general fund.  The commissioner 
  4.29  shall report to the governor, and the chairs of the senate 
  4.30  committees on finance and transportation and the house of 
  4.31  representatives committees on ways and means and transportation, 
  4.32  informing them of any amounts transferred to the general fund. 
  4.33     Sec. 3.  Minnesota Statutes 1998, section 297B.09, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [GENERAL FUND SHARE.] (a) Money collected 
  4.36  and received under this chapter must be deposited in the state 
  5.1   treasury and credited to the general fund.  The amounts 
  5.2   collected and received shall be credited as provided in this 
  5.3   subdivision, and transferred from the general fund on July 15 
  5.4   and February 15 of each fiscal year.  The commissioner of 
  5.5   finance must make each transfer based upon the actual receipts 
  5.6   of the preceding six calendar months and include the interest 
  5.7   earned during that six-month period.  The commissioner of 
  5.8   finance may establish a quarterly or other schedule providing 
  5.9   for more frequent payments to the transit assistance fund if the 
  5.10  commissioner determines it is necessary or desirable to provide 
  5.11  for the cash flow needs of the recipients of money from the 
  5.12  transit assistance fund.  
  5.13     (b) Twenty-five Five percent of the money collected and 
  5.14  received under this chapter after June 30, 1990, and before July 
  5.15  1, 1991 2001, must be transferred to the highway user tax 
  5.16  distribution fund and the transit assistance fund for 
  5.17  apportionment as follows:  75 percent must be transferred to the 
  5.18  highway user tax distribution mobility fund established in 
  5.19  section 174.55 for apportionment in the same manner and for the 
  5.20  same purposes as other money in that fund, and the remaining 25 
  5.21  percent of the money must be transferred to the transit 
  5.22  assistance fund to be appropriated to the commissioner of 
  5.23  transportation for transit assistance within the state and to 
  5.24  the metropolitan council.  
  5.25     (c) The distributions under this subdivision to the highway 
  5.26  user tax distribution fund until June 30, 1991, and to the trunk 
  5.27  highway fund thereafter, must be reduced by the amount necessary 
  5.28  to fund the appropriation under section 41A.09, subdivision 1.  
  5.29  For the fiscal years ending June 30, 1988, and June 30, 1989, 
  5.30  the commissioner of finance, before making the transfers 
  5.31  required on July 15 and January 15 of each year, shall estimate 
  5.32  the amount required to fund the appropriation under section 
  5.33  41A.09, subdivision 1, for the six-month period for which the 
  5.34  transfer is being made.  The commissioner shall then reduce the 
  5.35  amount transferred to the highway user tax distribution fund by 
  5.36  the amount of that estimate.  The commissioner shall reduce the 
  6.1   estimate for any six-month period by the amount by which the 
  6.2   estimate for the previous six-month period exceeded the amount 
  6.3   needed to fund the appropriation under section 41A.09, 
  6.4   subdivision 1, for that previous six-month period.  If at any 
  6.5   time during a six-month period in those fiscal years the amount 
  6.6   of reduction in the transfer to the highway user tax 
  6.7   distribution fund is insufficient to fund the appropriation 
  6.8   under section 41A.09, subdivision 1, for that period, the 
  6.9   commissioner shall transfer to the general fund from the highway 
  6.10  user tax distribution fund an additional amount sufficient to 
  6.11  fund the appropriation for that period, but the additional 
  6.12  amount so transferred to the general fund in a six-month period 
  6.13  may not exceed the amount transferred to the highway user tax 
  6.14  distribution fund for that six-month period. The amounts in the 
  6.15  columns below are transferred from the money collected and 
  6.16  received under this chapter to the funds and accounts specified 
  6.17  in the fiscal years indicated.  
  6.18                                         2000            2001
  6.19  Trunk highway fund                  $56,367,300   $112,734,600
  6.20  County state-aid highway fund        26,365,350     52,730,700
  6.21  Municipal state-aid street fund       8,182,350     16,364,700
  6.22  Flexible highway account              2,559,975      5,119,950
  6.23  Town road account                     1,459,425      2,918,850
  6.24  Town bridge account                     765,600      1,531,200
  6.25     (d) For fiscal year 2002 and each fiscal year thereafter, 
  6.26  there is appropriated from the general fund $112,734,600 to the 
  6.27  trunk highway fund, $52,730,700 to the county state-aid highway 
  6.28  fund, $16,364,700 to the municipal state-aid fund, $5,119,950 to 
  6.29  the flexible highway account, $2,918,850 to the town road 
  6.30  account, and $1,531,200 to the town bridge account. 
  6.31     Sec. 4.  [473.8681] [TRANSITWAY LAND USE STANDARDS.] 
  6.32     Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
  6.33  finds and determines that there is a need to maximize public 
  6.34  investments, including local, regional, state, and federal 
  6.35  investments, in transitways by ensuring that areas around 
  6.36  transitway stations have land use patterns and development 
  7.1   characteristics that are supportive of transit and achieve local 
  7.2   land use and community development goals and objectives. 
  7.3      Subd. 2.  [TRANSITWAY.] As used in this section, 
  7.4   "transitway" means a light rail, commuter rail, or bus rapid 
  7.5   transit (busway) project. 
  7.6      Subd. 3.  [DEVELOPMENT PRINCIPLES.] The metropolitan 
  7.7   council shall develop transit-oriented development principles 
  7.8   and guidelines for phasing of station area land use planning in 
  7.9   conjunction with transitway system planning and engineering, and 
  7.10  model ordinances as guidance to transitway station area 
  7.11  planning, development, and design by local governments. 
  7.12     Subd. 4.  [STATE MOBILITY FUND; ELIGIBILITY.] (a) In 
  7.13  addition to the requirements set forth in section 174.55, in 
  7.14  order for transitway projects to be considered for funding from 
  7.15  the mobility fund for public transit established under section 
  7.16  174.55, any local government in which a transitway station is 
  7.17  located must meet all of the requirements of paragraphs (b) to 
  7.18  (e). 
  7.19     (b) For the area one-half mile around each transitway 
  7.20  station within its jurisdiction, the local government is 
  7.21  required to have initiated the process to establish a station 
  7.22  area land use plan and implementation strategy. 
  7.23     (c) The station area land use plan and implementation 
  7.24  strategy must contain transit-oriented development and design 
  7.25  principles for land use and community development that meet the 
  7.26  transit-oriented principles and guidelines for station area land 
  7.27  use planning developed by the metropolitan council. 
  7.28     (d) The station area land use plan and implementation 
  7.29  strategy must address the criteria for federal, discretionary, 
  7.30  New Starts funding under United States Code, title 49, section 
  7.31  5309. 
  7.32     (e) The station area land use plan and implementation 
  7.33  strategy must include but not be limited to:  mixed use 
  7.34  development and redevelopment plans; development design 
  7.35  guidelines; life-cycle housing; pedestrian, bicycle, bus, and 
  7.36  vehicular access and circulation; public realm and civic 
  8.1   improvements; a development investment plan; and a capital 
  8.2   improvements plan. 
  8.3      Subd. 5.  [MOBILITY FUND; EXPENDITURE OF CONSTRUCTION 
  8.4   FUNDS.] In order for the actual construction of transitway 
  8.5   projects to be considered for funding from the mobility fund for 
  8.6   public transit established under section 174.55, any local 
  8.7   government in which a transitway station is located must have 
  8.8   adopted its station area land use plan for which the 
  8.9   metropolitan council has made the determination under 
  8.10  subdivision 6 for each transitway station within its 
  8.11  jurisdiction as part of its local comprehensive plan and must 
  8.12  have enacted transit-supportive zoning that is consistent with 
  8.13  its comprehensive plan. 
  8.14     Subd. 6.  [METROPOLITAN COUNCIL; MOBILITY FUND; 
  8.15  RECOMMENDATION.] Prior to adoption of a station area plan into 
  8.16  its local comprehensive plan, each local government shall submit 
  8.17  its station area land use plan and implementation strategy to 
  8.18  the metropolitan council for review and determination by the 
  8.19  council that the local government's station area land use plan 
  8.20  and implementation strategy meets the requirements of 
  8.21  subdivision 4.  Pursuant to the requirements of section 174.55, 
  8.22  subdivision 3, the commissioner of transportation and the chair 
  8.23  of the metropolitan council shall fund only those transitway 
  8.24  projects that the metropolitan council has determined meet the 
  8.25  requirements of subdivisions 4 and 5. 
  8.26     Sec. 5.  Minnesota Statutes 1998, section 473.25, is 
  8.27  amended to read: 
  8.28     473.25 [LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.] 
  8.29     (a) The council shall establish criteria for uses of the 
  8.30  fund provided in section 473.251 that are consistent with and 
  8.31  promote the purposes of this article and the policies of the 
  8.32  metropolitan development guide adopted by the council including, 
  8.33  but not limited to: 
  8.34     (1) helping to change long-term market incentives that 
  8.35  adversely impact creation and preservation of living-wage jobs 
  8.36  in the fully developed area; 
  9.1      (2) creating incentives for developing communities to 
  9.2   include a full range of housing opportunities; 
  9.3      (3) creating incentives to preserve and rehabilitate 
  9.4   affordable housing in the fully developed area; and 
  9.5      (4) creating incentives for all communities to implement 
  9.6   compact and efficient development.  
  9.7      (b) The council shall establish guidelines for the livable 
  9.8   community demonstration account for projects that the council 
  9.9   would consider funding with either grants or loans.  The 
  9.10  guidelines must provide that the projects will: 
  9.11     (1) interrelate development or redevelopment and transit, 
  9.12  including transitways as defined in section 473.8681, 
  9.13  subdivision 2; 
  9.14     (2) interrelate affordable housing and employment growth 
  9.15  areas; 
  9.16     (3) intensify land use that leads to more compact 
  9.17  development or redevelopment; 
  9.18     (4) involve development or redevelopment that mixes incomes 
  9.19  of residents in housing, including introducing or reintroducing 
  9.20  higher value housing in lower income areas to achieve a mix of 
  9.21  housing opportunities; or 
  9.22     (5) encourage public infrastructure investments which 
  9.23  connect urban neighborhoods and suburban communities, attract 
  9.24  private sector redevelopment investment in commercial and 
  9.25  residential properties adjacent to the public improvement, and 
  9.26  provide project area residents with expanded opportunities for 
  9.27  private sector employment. 
  9.28     (c) The council shall establish guidelines governing who 
  9.29  may apply for a grant or loan from the fund, providing priority 
  9.30  for proposals using innovative partnerships between government, 
  9.31  private for-profit, and nonprofit sectors. 
  9.32     (d) The council shall prepare an annual plan for 
  9.33  distribution of the fund based on the criteria for project and 
  9.34  applicant selection.  
  9.35     (e) The council shall prepare and submit to the 
  9.36  legislature, as provided in section 3.195, an annual report on 
 10.1   the metropolitan livable communities fund.  The report must 
 10.2   include information on the amount of money in the fund, the 
 10.3   amount distributed, to whom the funds were distributed and for 
 10.4   what purposes, and an evaluation of the effectiveness of the 
 10.5   projects funded in meeting the policies and goals of the 
 10.6   council.  The report may make recommendations to the legislature 
 10.7   on changes to Laws 1995, chapter 255. 
 10.8      Sec. 6.  [APPLICATION.] 
 10.9      Sections 4 and 5 apply in the counties of Anoka, Carver, 
 10.10  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 10.11     Sec. 7.  [EFFECTIVE DATES.] 
 10.12     (a) Section 1 is effective July 1, 1999.  
 10.13     (b) Section 2 is effective July 1, 2001. 
 10.14     (c) The amendments in section 3 to Minnesota Statutes 1998, 
 10.15  section 297B.09, subdivision 1: 
 10.16     (1) paragraph (b) are effective July 1, 2001; and 
 10.17     (2) paragraphs (c) and (d), are effective July 1, 1999.  
 10.18     (d) Sections 4 to 6 are effective the day after final 
 10.19  enactment.