HF 2881

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to transportation; changing formula for 
  1.3             distributing county state-aid highway funds; changing 
  1.4             composition of county state-aid screening board; 
  1.5             providing for resolution of disputes between cities 
  1.6             and counties over county state-aid highway projects in 
  1.7             cities; increasing taxes on motor fuels; authorizing 
  1.8             annual adjustment in motor fuel tax rate; proposing an 
  1.9             amendment to Minnesota Constitution, article XIV, to 
  1.10            require a percentage of revenues from the motor 
  1.11            vehicle sales tax to be dedicated exclusively to 
  1.12            transit assistance; amending Minnesota Statutes 1994, 
  1.13            sections 162.02, subdivisions 7, 8, and by adding a 
  1.14            subdivision; 162.07, subdivisions 1, 5, 6, and by 
  1.15            adding a subdivision; and 296.02, by adding a 
  1.16            subdivision; Minnesota Statutes 1995 Supplement, 
  1.17            sections 296.02, subdivision 1b; and 296.025, 
  1.18            subdivision 1b. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1994, section 162.02, 
  1.21  subdivision 7, is amended to read: 
  1.22     Subd. 7.  [ESTABLISHMENT IN NEW LOCATION OR OVER 
  1.23  ESTABLISHED ROADS.] The county board of any county may establish 
  1.24  and locate any county state-aid highway on new location where 
  1.25  there is no existing road, or it may establish and locate the 
  1.26  highway upon or over any established road or street or a 
  1.27  specified portion thereof within its limits; provided, that.  
  1.28  Except as provided in subdivision 8a, no county state-aid 
  1.29  highway shall be established or located within the corporate 
  1.30  limits of any city without the approval of the governing body of 
  1.31  the city, except that when a county state-aid highway is 
  1.32  relocated the approval of the plans by the governing body shall 
  2.1   be deemed to be a transfer of the previous location of the 
  2.2   highway to the jurisdiction of the city.  The approval shall be 
  2.3   in the manner and form required by the commissioner.  
  2.4      Sec. 2.  Minnesota Statutes 1994, section 162.02, 
  2.5   subdivision 8, is amended to read: 
  2.6      Subd. 8.  [APPROVAL BY CITY.] Except as provided in 
  2.7   subdivision 8a, no portion of the county state-aid highway 
  2.8   system lying within the corporate limits of any city shall be 
  2.9   constructed, reconstructed, or improved nor the grade thereof 
  2.10  changed without the prior approval of the plans by the governing 
  2.11  body of such city and the approval shall be in the manner and 
  2.12  form required by the commissioner.  
  2.13     Sec. 3.  Minnesota Statutes 1994, section 162.02, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 8a.  [DISPUTE RESOLUTION BOARD.] If a city has failed 
  2.16  to approve establishment, construction, reconstruction, or 
  2.17  improvement of a county state-aid highway within its corporate 
  2.18  limits under subdivision 7 or 8, the county board may, by 
  2.19  resolution, request the commissioner to appoint a dispute 
  2.20  resolution board consisting of one county commissioner, one 
  2.21  county engineer, one city council member or city mayor, one city 
  2.22  engineer, and one representative of the department of 
  2.23  transportation.  The board shall review the proposed change and 
  2.24  make a recommendation to the commissioner.  Notwithstanding any 
  2.25  other law, the commissioner may approve the establishment, 
  2.26  construction, reconstruction, or improvement of a county 
  2.27  state-aid highway recommended by the board. 
  2.28     Sec. 4.  Minnesota Statutes 1994, section 162.07, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [FORMULA.] After deducting for 
  2.31  administrative costs and for the disaster account and research 
  2.32  account and state park roads as heretofore provided, the 
  2.33  remainder of the total sum provided for in section 162.06, 
  2.34  subdivision 1, shall be identified as the apportionment sum and 
  2.35  shall be apportioned by the commissioner to the several counties 
  2.36  on the basis of the needs of the counties as determined in 
  3.1   accordance with the following formula: 
  3.2      (1) An amount equal to ten percent of the apportionment sum 
  3.3   shall be apportioned equally among the 87 counties.  
  3.4      (2) An amount equal to ten percent of the apportionment sum 
  3.5   shall be apportioned among the several counties so that each 
  3.6   county shall receive of such amount the percentage that its 
  3.7   motor vehicle registration for the calendar year preceding the 
  3.8   one last past, determined by residence of registrants, bears to 
  3.9   the total statewide motor vehicle registration.  
  3.10     (3) An amount equal to 30 percent of the apportionment sum 
  3.11  shall be apportioned among the several counties so that each 
  3.12  county shall receive of such amount the percentage that its 
  3.13  total lane miles of approved county state-aid highways bears to 
  3.14  the total lane miles of approved statewide county state-aid 
  3.15  highways.  
  3.16     (4) An amount equal to 50 percent of the apportionment sum 
  3.17  shall be apportioned among the several counties so that each 
  3.18  county shall receive of such amount the percentage that its 
  3.19  money needs bears to the sum of the money needs of all of the 
  3.20  individual counties; provided, that the percentage of such 
  3.21  amount that each county is to receive shall be adjusted so that 
  3.22  each county shall receive in 1958 a total apportionment at least 
  3.23  ten percent greater than its total 1956 apportionments from the 
  3.24  state road and bridge fund; and provided further that those 
  3.25  counties whose money needs are thus adjusted shall never receive 
  3.26  a percentage of the apportionment sum less than the percentage 
  3.27  that such county received in 1958.  
  3.28     Sec. 5.  Minnesota Statutes 1994, section 162.07, 
  3.29  subdivision 5, is amended to read: 
  3.30     Subd. 5.  [SCREENING BOARD.] On or before September 1 of 
  3.31  each year the county engineer of each county shall forward to 
  3.32  the commissioner, on forms prepared by the commissioner, all 
  3.33  information relating to the mileage, in lane miles, of the 
  3.34  county state-aid highway system in the county, and the money 
  3.35  needs of the county that the commissioner deems necessary in 
  3.36  order to apportion the county state-aid highway fund in 
  4.1   accordance with the formula heretofore set forth.  Upon receipt 
  4.2   of the information the commissioner shall appoint a board 
  4.3   consisting of nine the following county engineers.  The board 
  4.4   shall be so selected that each county engineer appointed shall 
  4.5   be from a different state highway construction district: 
  4.6      (1) two county engineers from the metropolitan highway 
  4.7   construction district; 
  4.8      (2) one county engineer from each nonmetropolitan highway 
  4.9   construction district; and 
  4.10     (3) one additional county engineer from each county with a 
  4.11  population of 175,000 or more.  
  4.12     No county engineer shall be appointed under clause (1) or 
  4.13  (2) so as to serve consecutively for more than two four years.  
  4.14  The board shall investigate and review the information submitted 
  4.15  by each county and shall on or before the first day of November 
  4.16  of each year submit its findings and recommendations in writing 
  4.17  as to each county's lane mileage and money needs to the 
  4.18  commissioner on a form prepared by the commissioner.  Final 
  4.19  determination of the lane mileage of each system and the money 
  4.20  needs of each county shall be made by the commissioner.  
  4.21     Sec. 6.  Minnesota Statutes 1994, section 162.07, 
  4.22  subdivision 6, is amended to read: 
  4.23     Subd. 6.  [ESTIMATES TO BE MADE IF INFORMATION NOT 
  4.24  PROVIDED.] In the event that any county shall fail to submit the 
  4.25  information provided for herein, the commissioner shall estimate 
  4.26  the lane mileage and the money needs of the county.  The 
  4.27  estimate shall be used in determining the apportionment 
  4.28  formula.  The commissioner may withhold payment of the amount 
  4.29  apportioned to the county until the information is submitted.  
  4.30     Sec. 7.  Minnesota Statutes 1994, section 162.07, is 
  4.31  amended by adding a subdivision to read: 
  4.32     Subd. 7.  [MINIMUM APPORTIONMENTS.] Notwithstanding any 
  4.33  other law, in calendar year 1997 and subsequent years money 
  4.34  apportioned from the county state-aid highway fund to any county 
  4.35  under this section may not be less than the amount apportioned 
  4.36  to that county pursuant to this section in calendar year 1996. 
  5.1      Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  5.2   296.02, subdivision 1b, is amended to read: 
  5.3      Subd. 1b.  [RATES IMPOSED.] The gasoline excise tax is 
  5.4   imposed at the following rates: 
  5.5      (a) From June 1, 1996, to December 31, 1996: 
  5.6      (1) E85 is taxed at the rate of 14.2 16.3 cents per gallon; 
  5.7      (2) M85 is taxed at the rate of 11.4 13.1 cents per gallon; 
  5.8   and 
  5.9      (3) all other gasoline is taxed at the rate of 20 23 cents 
  5.10  per gallon.  
  5.11     (b) On and after January 1, 1997: 
  5.12     (1) E85 is taxed at the rate of 17.7 cents per gallon; 
  5.13     (2) M85 is taxed at the rate of 14.3 cents per gallon; and 
  5.14     (3) all other gasoline is taxed at the rate of 25 cents per 
  5.15  gallon. 
  5.16     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
  5.17  296.025, subdivision 1b, is amended to read: 
  5.18     Subd. 1b.  [TAX RATES.] The special fuel excise tax is 
  5.19  imposed at the following rates: 
  5.20     (a) From June 1, 1996, to December 31, 1996: 
  5.21     (1) Liquefied petroleum gas or propane is taxed at the rate 
  5.22  of 15 17.3 cents per gallon. 
  5.23     (2) Liquefied natural gas is taxed at the rate of 12 13.8 
  5.24  cents per gallon. 
  5.25     (3) Compressed natural gas is taxed at the rate of $1.739 
  5.26  $2 per thousand cubic feet; or 20 23 cents per gasoline 
  5.27  equivalent, as defined by the National Conference on Weights and 
  5.28  Measures, which is 5.66 pounds of natural gas. 
  5.29     (4) All other special fuel is taxed at the same rate as the 
  5.30  gasoline excise tax. 
  5.31     (b) On and after January 1, 1996: 
  5.32     (1) Liquefied petroleum gas or propane is taxed at the rate 
  5.33  of 18.7 cents per gallon. 
  5.34     (2) Liquefied natural gas is taxed at the rate of 15 cents 
  5.35  per gallon. 
  5.36     (3) Compressed natural gas is taxed at the rate of $2.174 
  6.1   per thousand cubic feet, or 25 cents per gasoline equivalent, as 
  6.2   defined by the National Conference on Weights and Measures, 
  6.3   which is 5.66 pounds of natural gas. 
  6.4      (4) All other special fuel is taxed at the same rate as the 
  6.5   gasoline excise tax. 
  6.6      Sec. 10.  Minnesota Statutes 1994, section 296.02, is 
  6.7   amended by adding a subdivision to read: 
  6.8      Subd. 1c.  [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] (a) 
  6.9   Beginning in 1997 and annually thereafter, before April 1 of 
  6.10  each year the commissioner of revenue shall adjust the rate of 
  6.11  the gasoline excise tax.  The new rate per gallon must be 
  6.12  calculated by multiplying the rate in effect at the time of the 
  6.13  calculation by an amount obtained under paragraph (b).  The new 
  6.14  rate must be rounded to the nearest 0.1 cent and is effective on 
  6.15  April 1 of each year. 
  6.16     (b) Divide the annual average United States Consumer Price 
  6.17  Index for all urban consumers, United States city average, as 
  6.18  determined by the United States Department of Labor for the 
  6.19  previous year by that annual average for the year before the 
  6.20  previous year. 
  6.21     Sec. 11.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
  6.22     An amendment is proposed to the Minnesota Constitution, 
  6.23  article XIV.  If the amendment is adopted, a new section will be 
  6.24  added to article XIV to read: 
  6.25     Sec. 11.  [SALES TAX ON MOTOR VEHICLES.] The legislature 
  6.26  may levy a sales or excise tax on the purchase price of new and 
  6.27  used motor vehicles.  Not less than ... percent of the net 
  6.28  proceeds from the tax must be dedicated exclusively to assisting 
  6.29  public transit in the state. 
  6.30     Sec. 12.  [SUBMISSION TO VOTERS.] 
  6.31     The constitutional amendment proposed in section 11 must be 
  6.32  submitted to the people at the 1996 general election.  The 
  6.33  question submitted must be: 
  6.34     "Shall the Minnesota Constitution be amended to require 
  6.35  that at least ... percent of the net proceeds from a sales or 
  6.36  excise tax levied on the purchase price of new and used motor 
  7.1   vehicles be dedicated exclusively to assisting public transit in 
  7.2   the state? 
  7.3                              Yes...... 
  7.4                              No ......" 
  7.5      Sec. 13.  [EFFECTIVE DATE.] 
  7.6      (a) Except as provided in paragraph (b), sections 8 and 9 
  7.7   are effective June 1, 1996. 
  7.8      (b) If the constitutional amendment proposed in section 11 
  7.9   is not approved at the 1996 general election: 
  7.10     (1) sections 8 and 9 are repealed effective January 1, 
  7.11  1997; and 
  7.12     (2) notwithstanding Minnesota Statutes, section 645.34, the 
  7.13  tax rates amended in those sections revert on January 1, 1997, 
  7.14  to the rates that were in effect on May 31, 1996.