SF 3128

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; authorizing the local 
  1.3             gasoline and special fuel excise tax; dedicating 
  1.4             revenues to transportation purposes; proposing an 
  1.5             amendment to the Minnesota Constitution by adding a 
  1.6             section to article XIV; proposing coding for new law 
  1.7             in Minnesota Statutes, chapters 296; and 473. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [296.0255] [LOCAL GASOLINE AND SPECIAL FUEL 
  1.10  EXCISE TAX.] 
  1.11     Subdivision 1.  [AUTHORIZATION TO IMPOSE.] Notwithstanding 
  1.12  section 477A.016 or any other law, a county may, by resolution 
  1.13  of the county board, or the metropolitan council may, subject to 
  1.14  section 473.444, impose an excise tax on E85, M85, and special 
  1.15  fuel in proportional amounts as reflected in sections 296.02 and 
  1.16  296.025. 
  1.17     Subd. 2.  [JOINT POWERS AGREEMENTS.] In order to achieve 
  1.18  regional improvements in state transportation and transit 
  1.19  systems, any county may enter into a joint exercise of powers 
  1.20  agreement pursuant to section 471.59 for the purpose of imposing 
  1.21  the tax and disposing of its proceeds pursuant to this section. 
  1.22     Subd. 3.  [USE OF REVENUES.] Revenues received from a tax 
  1.23  imposed pursuant to subdivision 1, must be expended to pay the 
  1.24  costs of collecting the tax and to pay costs related to any 
  1.25  surface transportation purpose, including, but not limited to: 
  1.26  operating and capital assistance to transit, rail, and waterway 
  2.1   systems; and construction, improvement, and maintenance of 
  2.2   public highways. 
  2.3      Subd. 4.  [ENFORCEMENT AND COLLECTION.] The county or 
  2.4   metropolitan council may agree with the commissioner of revenue 
  2.5   that a tax imposed pursuant to this section shall be collected 
  2.6   by the commissioner together with the tax imposed by chapter 
  2.7   296, and subject to the same interest, penalties, and other 
  2.8   rules and that its proceeds, less the cost of collection, shall 
  2.9   be remitted to the county or metropolitan council.  The amount 
  2.10  remitted shall be deposited into a dedicated fund and used only 
  2.11  for surface transportation purposes, pursuant to subdivision 3. 
  2.12     Sec. 2.  [473.444] [IMPOSITION OF LOCAL GASOLINE AND 
  2.13  SPECIAL FUEL EXCISE TAX.] 
  2.14     For purposes of sections 473.371 to 473.449, the council 
  2.15  shall impose an excise tax on gasoline and special fuel in the 
  2.16  metropolitan area, pursuant to section 296.0255, subdivision 1, 
  2.17  upon approval by resolution of the county boards of no fewer 
  2.18  than five metropolitan counties. 
  2.19     Sec. 3.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
  2.20     An amendment is proposed to the Minnesota Constitution, 
  2.21  article XIV.  If the amendment is adopted, the title of article 
  2.22  XIV will be "TRANSPORTATION" and article XIV will be amended by 
  2.23  adding a section to read: 
  2.24     Sec. 12.  [LOCAL TAXATION OF MOTOR FUEL.] 
  2.25     A county or group of counties may levy an excise tax on any 
  2.26  means or substance used for propelling vehicles on the public 
  2.27  highways of this state.  The proceeds of the tax shall not be 
  2.28  paid into the highway user tax distribution fund, but shall be 
  2.29  used for any transportation purpose. 
  2.30     Sec. 4.  [SUBMISSION TO VOTERS.] 
  2.31     The constitutional amendment proposed in section 3 must be 
  2.32  submitted to the people at the 1998 general election.  The 
  2.33  question submitted must be: 
  2.34     "Shall the Minnesota Constitution be amended to allow 
  2.35  counties to impose a tax on motor fuel and to require revenues 
  2.36  from this tax to be used for transportation needs? 
  3.1                                      Yes .......
  3.2                                      No ........"
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective upon approval by the people 
  3.3   of the amendment proposed in section 3.