SF 569

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; removing limitation on 
  1.3             miles in county state-aid highway system; changing 
  1.4             composition of screening board; changing the gasoline 
  1.5             excise tax rate; indexing the rate of taxation on 
  1.6             gasoline; appropriating money; directing commissioner 
  1.7             to amend Minnesota Rules, part 8820.0600; amending 
  1.8             Minnesota Statutes 1994, sections 162.02, by adding a 
  1.9             subdivision; 162.07, subdivisions 1, 5, and 6; 296.02, 
  1.10            subdivision 1b, and by adding a subdivision. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 162.02, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 3b.  [SYSTEM MILEAGE.] Rules made and promulgated by 
  1.15  the commissioner under this section must not limit the number of 
  1.16  miles in the county state-aid highway system.  The screening 
  1.17  board established under section 162.07, subdivision 5, shall 
  1.18  adopt a process to recommend to the commissioner qualified miles 
  1.19  for inclusion in the county state-aid highway system. 
  1.20     Sec. 2.  Minnesota Statutes 1994, section 162.07, 
  1.21  subdivision 1, is amended to read: 
  1.22     Subdivision 1.  [FORMULA.] After deducting for 
  1.23  administrative costs and for the disaster account and research 
  1.24  account and state park roads as heretofore provided, the 
  1.25  remainder of the total sum provided for in section 162.06, 
  1.26  subdivision 1, shall be identified as the apportionment sum and 
  1.27  shall be apportioned by the commissioner to the several counties 
  1.28  on the basis of the needs of the counties as determined in 
  2.1   accordance with the following formula: 
  2.2      (1) An amount equal to ten percent of the apportionment sum 
  2.3   shall be apportioned equally among the 87 counties.  
  2.4      (2) An amount equal to ten percent of the apportionment sum 
  2.5   shall be apportioned among the several counties so that each 
  2.6   county shall receive of such amount the percentage that its 
  2.7   motor vehicle registration for the calendar year preceding the 
  2.8   one last past, determined by residence of registrants, bears to 
  2.9   the total statewide motor vehicle registration.  
  2.10     (3) An amount equal to 30 percent of the apportionment sum 
  2.11  shall be apportioned among the several counties so that each 
  2.12  county shall receive of such amount the percentage that its 
  2.13  total lane miles of approved county state-aid highways bears to 
  2.14  the total lane miles of approved statewide county state-aid 
  2.15  highways.  
  2.16     (4) An amount equal to 50 percent of the apportionment sum 
  2.17  shall be apportioned among the several counties so that each 
  2.18  county shall receive of such amount the percentage that its 
  2.19  money needs bears to the sum of the money needs of all of the 
  2.20  individual counties; provided, that the percentage of such 
  2.21  amount that each county is to receive shall be adjusted so that 
  2.22  each county shall receive in 1958 a total apportionment at least 
  2.23  ten percent greater than its total 1956 apportionments from the 
  2.24  state road and bridge fund; and provided further that those 
  2.25  counties whose money needs are thus adjusted shall never receive 
  2.26  a percentage of the apportionment sum less than the percentage 
  2.27  that such county received in 1958.  
  2.28     Sec. 3.  Minnesota Statutes 1994, section 162.07, 
  2.29  subdivision 5, is amended to read: 
  2.30     Subd. 5.  [SCREENING BOARD.] On or before September 1 of 
  2.31  each year the county engineer of each county shall forward to 
  2.32  the commissioner, on forms prepared by the commissioner, all 
  2.33  information relating to the mileage in lane miles of the county 
  2.34  state-aid highway system in the county, and the money needs of 
  2.35  the county that the commissioner deems necessary in order to 
  2.36  apportion the county state-aid highway fund in accordance with 
  3.1   the formula heretofore set forth.  Upon receipt of the 
  3.2   information the commissioner shall appoint a board consisting of 
  3.3   nine 12 county engineers.  The board shall be so selected that 
  3.4   each county engineer appointed shall be from a different state 
  3.5   highway construction district Five county engineers must be 
  3.6   appointed from the metropolitan highway construction district 
  3.7   and seven county engineers must be appointed from the 
  3.8   nonmetropolitan highway construction districts.  Each of the 
  3.9   seven county engineers appointed from nonmetropolitan districts 
  3.10  must be from a different state highway construction district.  
  3.11  No county engineer shall be appointed so as to serve 
  3.12  consecutively for more than two four years.  The board shall 
  3.13  investigate and review the information submitted by each county 
  3.14  and shall on or before the first day of November of each year 
  3.15  submit its findings and recommendations in writing as to each 
  3.16  county's lane mileage and money needs to the commissioner on a 
  3.17  form prepared by the commissioner.  Final determination of 
  3.18  the lane mileage of each system and the money needs of each 
  3.19  county shall be made by the commissioner.  
  3.20     Sec. 4.  Minnesota Statutes 1994, section 162.07, 
  3.21  subdivision 6, is amended to read: 
  3.22     Subd. 6.  [ESTIMATES TO BE MADE IF INFORMATION NOT 
  3.23  PROVIDED.] In the event that any county shall fail to submit the 
  3.24  information provided for herein, the commissioner shall estimate 
  3.25  the lane mileage and the money needs of the county.  The 
  3.26  estimate shall be used in determining the apportionment 
  3.27  formula.  The commissioner may withhold payment of the amount 
  3.28  apportioned to the county until the information is submitted.  
  3.29     Sec. 5.  Minnesota Statutes 1994, section 296.02, 
  3.30  subdivision 1b, is amended to read: 
  3.31     Subd. 1b.  [RATES IMPOSED.] The gasoline excise tax is 
  3.32  imposed at the following rate:  
  3.33     For the period on and after May July 1, 1988 1995, to March 
  3.34  31, 1996, gasoline is taxed at the rate of 20 25 cents per 
  3.35  gallon.  After March 31, 1996, gasoline is taxed at a rate 
  3.36  determined annually under subdivision 1c. 
  4.1      Sec. 6.  Minnesota Statutes 1994, section 296.02, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 1c.  [ANNUAL GASOLINE TAX RATE ADJUSTMENT.] (a) 
  4.4   Beginning in 1996 and annually thereafter, before April 1 of 
  4.5   each year the commissioner of revenue shall adjust the rate of 
  4.6   the gasoline excise tax.  The new rate per gallon shall be 
  4.7   calculated by multiplying the rate in effect at the time of the 
  4.8   calculation by an amount obtained under paragraph (b).  The new 
  4.9   rate must be rounded to the nearest 0.1 cent and is effective on 
  4.10  April 1 of each year. 
  4.11     (b) Divide the annual average United States Consumer Price 
  4.12  Index for all urban consumers, United States city average, as 
  4.13  determined by the United States Department of Labor for the 
  4.14  previous year by that annual average for the year before the 
  4.15  previous year. 
  4.16     Sec. 7.  [APPROPRIATION.] 
  4.17     $29,243,000 for the fiscal biennium ending June 30, 1997, 
  4.18  is appropriated from the general fund for the following purposes:
  4.19     (1) $24,243,000 to the metropolitan council for transit in 
  4.20  the metropolitan area; and 
  4.21     (2) $5,000,000 to the commissioner of transportation for 
  4.22  greater Minnesota transit assistance. 
  4.23     Sec. 8.  [RULE CHANGE.] 
  4.24     The commissioner shall amend Minnesota Rules, part 
  4.25  8820.0600, so that there is no limit to the number of miles in 
  4.26  the county state-aid highway system. 
  4.27     Sec. 9.  [EFFECTIVE DATE.] 
  4.28     Sections 1 to 4 and 8 are effective the day following final 
  4.29  enactment.  Section 5 is effective July 1, 1995, and applies to 
  4.30  gasoline and special fuel in distribution storage on that date.  
  4.31  Section 7 is effective July 1, 1995.