as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor vehicles; decreasing rate of 1.3 depreciation for passenger automobile registration 1.4 tax; allocating revenues from motor vehicle sales tax; 1.5 proposing an amendment to the Minnesota Constitution, 1.6 Article XIV, by adding a section to require certain 1.7 percentages of motor vehicle sales tax revenue be 1.8 deposited in highway user tax distribution fund and 1.9 transit assistance fund; amending Minnesota Statutes 1.10 1998, sections 168.013, subdivision 1a; and 297B.09, 1.11 subdivision 1. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 1998, section 168.013, 1.14 subdivision 1a, is amended to read: 1.15 Subd. 1a. [PASSENGER AUTOMOBILE; HEARSE.] (a) On passenger 1.16 automobiles as defined in section 168.011, subdivision 7, and 1.17 hearses, except as otherwise provided, the tax shall be $10 plus 1.18 an additional tax equal to 1.25 percent of the base value. 1.19 (b) Subject to the classification provisions herein, "base 1.20 value" means the manufacturer's suggested retail price of the 1.21 vehicle including destination charge using list price 1.22 information published by the manufacturer or determined by the 1.23 registrar if no suggested retail price exists, and shall not 1.24 include the cost of each accessory or item of optional equipment 1.25 separately added to the vehicle and the suggested retail price. 1.26 (c) If the manufacturer's list price information contains a 1.27 single vehicle identification number followed by various 1.28 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 firstand second yearsyear of vehicle life shall be 2.33 computed upon 100 percent of the base value; for thethird and2.34fourth yearssecond year, 90 percent of such value;for the2.35fifth and sixth years, 75 percent of such value;for the third 2.36 year, 80 percent of such value; for the fourth year, 70 percent 3.1 of such value; for the fifth year, 60 percent of such value; for 3.2 the sixth year, 50 percent of such value; for the seventh year, 3.36040 percent of such value; for the eighth year,4030 percent 3.4 of such value; for the ninth year,3020 percent of such value; 3.5 for the tenth year, ten percent of such value; for the 11th and 3.6 each succeeding year, the sum of $25. 3.7 In no event shall the annual additional tax be less than 3.8 $25. 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. Minnesota Statutes 1998, section 297B.09, 3.14 subdivision 1, is amended to read: 3.15 Subdivision 1. [GENERAL FUND SHARE.](a)Money collected 3.16 and received under this chapter must be deposited in the state 3.17 treasury and creditedto the general fund. The amounts3.18collected and received shall be credited as provided in this3.19subdivision, and transferred from the general fund on July 153.20and February 15 of each fiscal year. The commissioner of3.21finance must make each transfer based upon the actual receipts3.22of the preceding six calendar months and include the interest3.23earned during that six-month period. The commissioner of3.24finance may establish a quarterly or other schedule providing3.25for more frequent payments to the transit assistance fund if the3.26commissioner determines it is necessary or desirable to provide3.27for the cash flow needs of the recipients of money from the3.28transit assistance fund.3.29(b) Twenty-five percent of the money collected and received3.30under this chapter after June 30, 1990, and before July 1, 1991,3.31must be transferred to the highway user tax distribution fund3.32and the transit assistance fund for apportionment as follows:3.3375 percent must be transferred to the highway user tax3.34distribution fund for apportionment in the same manner and for3.35the same purposes as other money in that fund, and the remaining3.3625 percent of the money must be transferred to the transit4.1assistance fund to be appropriated to the commissioner of4.2transportation for transit assistance within the state and to4.3the metropolitan council.4.4(c) The distributions under this subdivision to the highway4.5user tax distribution fund until June 30, 1991, and to the trunk4.6highway fund thereafter, must be reduced by the amount necessary4.7to fund the appropriation under section 41A.09, subdivision 1.4.8For the fiscal years ending June 30, 1988, and June 30, 1989,4.9the commissioner of finance, before making the transfers4.10required on July 15 and January 15 of each year, shall estimate4.11the amount required to fund the appropriation under section4.1241A.09, subdivision 1, for the six-month period for which the4.13transfer is being made. The commissioner shall then reduce the4.14amount transferred to the highway user tax distribution fund by4.15the amount of that estimate. The commissioner shall reduce the4.16estimate for any six-month period by the amount by which the4.17estimate for the previous six-month period exceeded the amount4.18needed to fund the appropriation under section 41A.09,4.19subdivision 1, for that previous six-month period. If at any4.20time during a six-month period in those fiscal years the amount4.21of reduction in the transfer to the highway user tax4.22distribution fund is insufficient to fund the appropriation4.23under section 41A.09, subdivision 1, for that period, the4.24commissioner shall transfer to the general fund from the highway4.25user tax distribution fund an additional amount sufficient to4.26fund the appropriation for that period, but the additional4.27amount so transferred to the general fund in a six-month period4.28may not exceed the amount transferred to the highway user tax4.29distribution fund for that six-month periodas follows: 4.30 (1) 50 percent to the general fund; 4.31 (2) 20 percent to the transit assistance fund; and 4.32 (3) 30 percent to the highway user tax distribution fund. 4.33 Sec. 3. [CONSTITUTIONAL AMENDMENT PROPOSED.] 4.34 An amendment to the Minnesota Constitution, article XIV, is 4.35 proposed to the people. If adopted the article will be amended 4.36 by adding a section to read: 5.1 Sec. 12. Of the proceeds of any tax levied by law on the 5.2 sale price of new and used motor vehicles, not less than 30 5.3 percent must be paid into the highway user tax distribution fund 5.4 and not less than 20 percent must be paid into a fund 5.5 established by law for public transit assistance. 5.6 Sec. 4. [SUBMISSION TO VOTERS.] 5.7 The constitutional amendment proposed in section 3 must be 5.8 submitted at the 2000 general election. The question submitted 5.9 must be: 5.10 "Shall the Minnesota Constitution be amended to require 5.11 that of the proceeds from a sales tax on new and used motor 5.12 vehicles at least 30 percent must be paid into the highway user 5.13 tax distribution fund and at least 20 percent must be paid into 5.14 a fund for public transit assistance? 5.15 Yes ....... 5.16 No ........" 5.17 Sec. 5. [EFFECTIVE DATE.] 5.18 (a) Section 1 is effective November 15, 2000, for 5.19 registration year 2001 and subsequent years. Section 2 is 5.20 effective January 1, 2001. 5.21 (b) Notwithstanding paragraph (a), if the constitutional 5.22 amendment proposed in section 3 is not adopted at the 2000 5.23 general election, sections 1 and 2 shall not take effect.