Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 553-H.F.No. 2034 
                  An act relating to transportation; changing 
                  eligibility requirements for distribution of funds 
                  from the town road account; amending Minnesota 
                  Statutes 1993 Supplement, sections 161.082, 
                  subdivision 2a; and 162.081, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        162.081, subdivision 4, is amended to read: 
           Subd. 4.  [FORMULA FOR DISTRIBUTION TO TOWNS; PURPOSES.] 
        Money apportioned to a county from the town road account must be 
        distributed to the treasurer of each town within the county, 
        according to a distribution formula adopted by the county 
        board.  The formula must take into account each town's levy for 
        road and bridge purposes, its population and town road mileage, 
        and other factors the county board deems advisable in the 
        interests of achieving equity among the towns.  Distribution of 
        town road funds to each town treasurer must be made by March 1, 
        annually, or within 30 days after receipt of payment from the 
        commissioner.  Distribution of funds to town treasurers in a 
        county which has not adopted a distribution formula under this 
        subdivision must be made according to a formula prescribed by 
        the commissioner by rule.  A formula adopted by a county board 
        or by the commissioner must provide that a town, in order to be 
        eligible for distribution of funds from the town road account in 
        a calendar year, must have levied before the deduction of 
        homestead and agricultural credit aid certified under section 
        273.1398, subdivision 2, for taxes payable in the previous year 
        for road and bridge purposes at least 0.04835 percent of taxable 
        market value.  For purposes of this eligibility requirement, 
        taxable market value means taxable market value for taxes 
        payable two years prior to the aid distribution year.  
           Money distributed to a town under this subdivision may be 
        expended by the town only for the construction, reconstruction, 
        and gravel maintenance of town roads within the town. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        161.082, subdivision 2a, is amended to read: 
           Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
        An amount equal to 25 percent of the county turnback account 
        must be expended, within counties having two or more towns, on 
        town road bridge structures that are ten feet or more in length 
        and on town road culverts that replace existing town road 
        bridges.  In addition, if the present bridge structure is less 
        than ten feet in length but a hydrological survey indicates that 
        the replacement bridge structure or culvert must be ten feet or 
        more in length, then the bridge or culvert is eligible for 
        replacement funds.  In addition, if a culvert that replaces a 
        deficient bridge is in a county comprehensive water plan 
        approved by the board of water and soil resources and the 
        department of natural resources, the costs of the culvert and 
        roadway grading other than surfacing are eligible for 
        replacement funds up to the cost of constructing a replacement 
        bridge.  The expenditures on bridge structures and culverts may 
        be on a matching basis, and if on a matching basis, not more 
        than 90 percent of the cost of a bridge structure or culvert may 
        be paid from the county turnback account.  When bridge approach 
        construction work exceeds $10,000 in costs, or when the county 
        engineer determines that the cost of the replacement culverts 
        alone will not exceed $20,000, the town shall be eligible for 
        financial assistance from the town bridge account.  Financial 
        assistance shall be requested by resolution of the county board 
        and shall be limited to: 
           (1) 100 percent of the cost of the bridge approach work 
        that is in excess of $10,000; or 
           (2) 100 percent of the cost of the replacement culverts 
        when the cost does not exceed $20,000 and the town board agrees 
        to be responsible for all the other costs, which may include 
        costs for structural removal, installation, and permitting.  The 
        replacement structure design and costs shall be approved and 
        certified by the county engineer, but need not be subsequently 
        approved by the department of transportation. 
           An amount equal to 47.5 percent of the county turnback 
        account must be set aside as a town road account and distributed 
        as provided in section 162.081. 
           Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
           Section 1 is effective for aid distribution year 1995 and 
        thereafter.  However, for aid year 1995, a town may elect to 
        qualify for an aid distribution under either section 1 or 
        Minnesota Statutes 1993 Supplement, section 162.081, subdivision 
        4, section 1 to the contrary notwithstanding. 
           Presented to the governor May 2, 1994 
           Signed by the governor May 4, 1994, 3:16 p.m.