.................... moves to amend H. F. No. 3800, the delete everything amendment
(A08-1387), as follows:
Page 52, after line 23, insert:
Section 1. Minnesota Statutes 2006, section 161.081, subdivision 3, as amended by
Laws 2008, chapter 152, article 6, section 4, is amended to read:
Subd. 3. Flexible highway account;
turnback other accounts.
(a) The flexible
highway account is created in the state treasury.
(1) annually transfer
years 2009 and year
2010, 100 percent of the excess
as calculated in paragraph (i),
and in fiscal years 2011 and thereafter, 50 percent of
the excess sum,
as calculated in paragraph (i), for counties in the metropolitan area, as
1.14 defined in section
473.121, subdivision 4 , but for the purposes of the calculation cities of
1.15 the first class will be excluded in the metropolitan area; and to the metropolitan routes
1.16of regional significance account under subdivision 4; and
the amount available in the flexible highway account
less the amount,
1.18after the transfer
under clause (1), as determined by the commissioner under this
(i) restoration of former trunk highways that have reverted to counties or to statutory
or home rule charter cities, or for trunk highways that will be restored and subsequently
turned back by agreement between the commissioner and the local road authority;
(ii) safety improvements on county highways, municipal highways, streets, or town
routes of regional significance.
(b) For purposes of this subdivision, "restoration" means the level of effort required
to improve the route that will be turned back to an acceptable condition as determined
by agreement made between the commissioner and the county or city before the route
is turned back.
(c) The commissioner shall review the need for funds to restore highways that have
been or will be turned back. The commissioner shall determine, on a biennial basis, the
percentage of funds in the flexible highway account to be distributed to each district,
and within each district the percentage to be used for each of the purposes specified in
paragraph (a), clause (2)
. Money in the account may be used for safety improvements
and routes of regional significance only after money is set aside to restore the identified
turnbacks. The commissioner shall make these determinations only after meeting and
holding discussions with committees selected by the statewide associations of both county
commissioners and municipal officials. The commissioner shall, to the extent feasible,
annually allocate 50 percent of the funds in the flexible highway account under paragraph
2.15(a), clause (2),
to the department's metropolitan district, and 50 percent to districts in
(d) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to cities must be deposited in the municipal turnback account, which is
created in the state treasury.
(e) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to counties must be deposited in the county turnback account, which is
created in the state treasury.
(f) Money that will be used for safety improvements must be deposited in the
highway safety improvement account, which is created in the state treasury to be used
as grants to statutory or home rule charter cities, towns, and counties to assist in paying
the costs of constructing or reconstructing city streets, county highways, or town roads
to reduce crashes, deaths, injuries, and property damage.
(g) Money that will be used for statewide
routes of regional significance must be
deposited in the statewide
routes of regional significance account, which is created in
the state treasury, and used as grants to statutory or home rule charter cities, towns, and
counties to assist in paying the costs of constructing or reconstructing city streets, county
highways, or town roads with statewide or regional significance that have not been fully
funded through other state, federal, or local funding sources.
(h) As part of each biennial budget submission to the legislature, the commissioner
shall describe how the money in the flexible highway account will be apportioned among
the county turnback account, the municipal turnback account, the trunk highway fund for
routes turned back to local governments by agreement, the highway safety improvement
account, and the statewide
routes of regional significance account.
(i) The excess sum is calculated as the sum of revenue within the flexible highway
3.5 (1) attributed to that portion of the gasoline excise tax rate under section
, in excess of 20 cents per gallon, and to that portion of the excise tax rates
3.7 in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
3.8 for E85 and M85 under section
296A.07, subdivision 3 , and special fuel under section
3.9 296A.08, subdivision 2 ;
3.10 (2) attributed to a change in the passenger vehicle registration tax under section
3.11 168.013 , imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
3.12 year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
3.13 the calendar year previous to the current calendar year, divided by the annual average
3.14 United States Consumer Price Index for calendar year 2007; and
3.15 (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
3.16 percentage allocated to the flexible highway account in fiscal year 2007.
3.17 (j) For purposes of this subdivision, the United States Consumer Price Index
3.18 identified in paragraph (i), clause (2), is for all urban consumers, United States city
3.19 average, as determined by the United States Department of Labor.
Paragraph (h) is effective January 1, 2009, and the remainder
of this section is effective July 1, 2009.
Sec. 2. Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
3.24 Subd. 4. Metropolitan routes of regional significance account. (a) For purposes
3.25of this subdivision, the following terms have the meanings given them:
3.26 (1) "metropolitan area" has the meaning given in section 473.121, subdivision 4; and
3.27 (2) "population" has the meaning given in section
477A.011, subdivision 3, except
3.28that it excludes the three most populous cities in the metropolitan area.
3.29 (b) The metropolitan routes of regional significance account is created in the state
3.30treasury. Funds in the account are for allocation to metropolitan counties to assist in
3.31paying the costs of construction, reconstruction, or maintenance of county highways with
3.32statewide or regional significance that have not been fully funded through other state,
3.33federal, or local funding sources.
3.34 (c) The commissioner shall allocate funds in the account to counties in the
3.35metropolitan area so that each county receives an amount proportional to the percentage
4.1that its population, estimated or established by July 15 of the year prior to the current
4.2calendar year, bears to the total population of the counties receiving funds under this
4.4EFFECTIVE DATE.This section is effective July 1, 2009.
Sec. 3. Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
4.7 Subd. 5. Excess sum. (a) For purposes of this section, "excess sum" means an
4.8amount calculated by the commissioner as the sum of revenue within the flexible highway
4.10 (1) attributed to that portion of the gasoline excise tax rate under section
, in excess of 20 cents per gallon, and to that portion of the excise tax rates
4.12in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
4.13for E85 and M85 under section
296A.07, subdivision 3, and special fuel under section
4.14296A.08, subdivision 2;
4.15 (2) attributed to a change in the passenger vehicle registration tax under section
4.16168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
4.17year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
4.18the calendar year previous to the current calendar year, divided by the annual average
4.19United States Consumer Price Index for calendar year 2007; and
4.20 (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
4.21percentage allocated to the flexible highway account in fiscal year 2007.
4.22 (b) For purposes of this subdivision, the United States Consumer Price Index
4.23identified in paragraph (a), clause (2), is for all urban consumers, United States city
4.24average, as determined by the United States Department of Labor.
4.25EFFECTIVE DATE.This section is effective July 1, 2009.
Sec. 4. Minnesota Statutes 2006, section 168.013, subdivision 1a, as amended by Laws
2008, chapter 152, article 3, section 1, is amended to read:
Subd. 1a. Passenger automobile; hearse.
(a) On passenger automobiles as defined
168.011, subdivision 7
, and hearses, except as otherwise provided, the tax shall
be $10 plus an additional tax equal to
percent of the base value.
(b) Subject to the classification provisions herein, "base value" means the
manufacturer's suggested retail price of the vehicle including destination charge using list
price information published by the manufacturer or determined by the registrar if no
suggested retail price exists, and shall not include the cost of each accessory or item of
optional equipment separately added to the vehicle and the suggested retail price.
(c) If the manufacturer's list price information contains a single vehicle identification
number followed by various descriptions and suggested retail prices, the registrar shall
select from those listings only the lowest price for determining base value.
(d) If unable to determine the base value because the vehicle is specially constructed,
or for any other reason, the registrar may establish such value upon the cost price to the
purchaser or owner as evidenced by a certificate of cost but not including Minnesota sales
or use tax or any local sales or other local tax.
(e) The registrar shall classify every vehicle in its proper base value class as follows:
and thereafter a series of classes successively set in brackets having a spread of $200
consisting of such number of classes as will permit classification of all vehicles.
(f) The base value for purposes of this section shall be the middle point between
the extremes of its class.
(g) The registrar shall establish the base value, when new, of every passenger
automobile and hearse registered prior to the effective date of Extra Session Laws 1971,
chapter 31, using list price information published by the manufacturer or any nationally
recognized firm or association compiling such data for the automotive industry. If unable
to ascertain the base value of any registered vehicle in the foregoing manner, the registrar
may use any other available source or method. The registrar shall calculate tax using base
value information available to dealers and deputy registrars at the time the application for
registration is submitted. The tax on all previously registered vehicles shall be computed
upon the base value thus determined taking into account the depreciation provisions of
(h) The annual additional tax must be computed upon a percentage of the base value
as follows: during the first year of vehicle life, upon 100 percent of the base value; for the
second year, 90 percent of such value; for the third year, 80 percent of such value; for the
fourth year, 70 percent of such value; for the fifth year, 60 percent of such value; for the
sixth year, 50 percent of such value; for the seventh year, 40 percent of such value; for the
eighth year, 30 percent of such value; for the ninth year, 20 percent of such value; for the
tenth year, ten percent of such value; for the 11th and each succeeding year, the sum of $25.
(i) In no event shall the annual additional tax be less than $25.
For any vehicle previously registered in Minnesota, the annual additional tax due
under this subdivision must not exceed the smallest amount of annual additional tax
previously paid or due on the vehicle.
This section is effective the day following final enactment,
and applies to any annual additional tax for a registration period that starts on or after
September 1, 2008
, through August 31, 2009
6.7EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2006, section 297A.815, subdivision 3, as added by Laws
2008, chapter 152, article 3, section 8, is amended to read:
Subd. 3. Motor vehicle lease sales tax revenue.
(a) For purposes of this
subdivision, "net revenue" means an amount equal to:
(1) the revenues, including interest and penalties, collected under section
during the fiscal year; less
(2) the estimated reduction in individual income tax receipts and the estimated
amount of refunds paid out under section
290.06, subdivision 34
, for the fiscal year.
(b) On or before June 30 of each fiscal year, the commissioner of revenue shall
estimate the amount of the revenues and subtraction under paragraph (a) for the current
(c) On or after July 1 of the subsequent fiscal year, the commissioner of finance shall
transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:
(1) 50 percent to the greater Minnesota transit account; and
(2) 50 percent to the
county state-aid highway fund. Notwithstanding any other law
6.23 to the contrary, the commissioner of transportation shall allocate the funds transferred
6.24 under this clause to the counties in the metropolitan area, as defined in section
, excluding the counties of Hennepin and Ramsey, so that each county shall
6.26 receive of such amount the percentage that its population, as defined in section
, estimated or established by July 15 of the year prior to the current calendar
6.28 year, bears to the total population of the counties receiving funds under this clause
6.29metropolitan routes of regional significance account under section 161.081, subdivision 4
(d) For fiscal years 2010 and 2011, the amount under paragraph (a), clause (1), must
be calculated using the following percentages of the total revenues:
(1) for fiscal year 2010, 83.75 percent; and
(2) for fiscal year 2011, 93.75 percent.
This section is effective July 1, 2009.
Sec. 6. Minnesota Statutes , section 398A.10, as added by Laws 2008, chapter 152,
article 6, section 7, is amended to read:
7.3[398A.10] TRANSIT FUNDING.
Subdivision 1. Capital costs.
A county regional railroad authority may not
contribute more than ten percent of the capital costs of a light rail transit or commuter rail
project. This subdivision does not apply to a light rail transit project for which a county
7.7regional railroad authority commits to providing an amount greater than ten percent of
7.8the capital costs, if the commitment (1) is made before October 2, 2008, (2) is made as
7.9part of an application for federal funds, and (3) is adjusted by the county regional railroad
7.10authority to meet the requirements of this subdivision as part of the next scheduled federal
7.11funding application for the project.
Subd. 2. Operating and maintenance costs.
A county regional railroad authority
may not contribute any funds to pay the operating and maintenance costs for a light rail
transit or commuter rail project. If a county regional railroad authority is contributing
funds for operating and maintenance costs on a light rail transit or commuter rail project
on the date of the enactment of this act, the authority may continue to contribute funds
for these purposes until January 1, 2009.
Subd. 3. Application.
This section only applies if a county has imposed the
metropolitan transportation sales and use tax under section
EFFECTIVE DATE. This section is effective the day after the metropolitan
7.21 transportation area sales tax is imposed under Minnesota Statutes, section
7.23EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 7. Minnesota Statutes ..., section 296A.083, as added by Laws 2008, chapter
152, article 2, section 1, is amended to read:
Section 1. [296A.083] DEBT SERVICE SURCHARGE.
Subdivision 1. Definitions.
For purposes of this section, the following terms have
the meanings given them:
(1) "debt service" means the amount of principal and interest in each fiscal year
attributable to the trunk highway bonds authorized in this article; and
(2) "surcharge" means the rate imposed under this section on gasoline taxed under
296A.07, subdivision 3
, clause (3), and includes a proportional rate for each type
of fuel taxed under sections
296A.07, subdivision 3
, clauses (1) and (2), and
Subd. 2. Debt service forecast.
On June 30, 2008, and each March 1 thereafter, the
commissioner of finance shall report to the commissioner of revenue on trunk highway
debt service. The report must include the annual amount of revenue from the surcharge
previously deposited in the trunk highway fund, and a forecast of the total and annual
amounts necessary to pay the remaining debt service.
Subd. 3. Surcharge rate.
(a) By July 16, 2008, and each April 1 thereafter, the
commissioner of revenue shall calculate and publish a surcharge as provided in paragraphs
(b) and (c). The surcharge is imposed from August 1, 2008, through June 30, 2009, and
each new surcharge thereafter is imposed the following July 1 through June 30.
(b) For fiscal years 2009 through 2012, the commissioner shall set the surcharge as
specified in the following surcharge rate schedule.
|Surcharge Rate Schedule
|Rate (in cents
(c) For fiscal year 2013 and thereafter, the commissioner shall set the surcharge at
the lesser of (1) 3.5 cents, or (2) an amount calculated so that the total proceeds from the
surcharge deposited in the trunk highway fund from fiscal year 2009 to the upcoming
fiscal year equals the total amount of debt service from fiscal years 2009 to 2039, and the
surcharge is rounded to the nearest 0.1 cent.
8.24 Subd. 4. Surcharge administration. The audit, assessment, appeal, collection,
8.25enforcement, penalty, interest, refund and administrative provisions that apply to the taxes
8.26in chapter 296A apply to the surcharge imposed by this section. The surcharge is not to be
8.27used in calculating the credit in section 296A.16, subdivision 5.
This section is effective the day following final enactment.
8.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 8. Laws 2008, chapter 152, article 2, section 3, subdivision 2, is amended to read:
|Subd. 2. State Road Construction
(a) For the actual construction,
reconstruction, and improvement of
trunk highways, including design-build
contracts and consultant usage to support
these activities. This includes the cost
of actual payments to landowners for
lands acquired for highway rights-of-way,
payments to lessees, interest subsidies, and
relocation expenses. This appropriation is in
the following amounts:
(1) $417,694,000 in fiscal year 2009, and the
commissioner may use up to $71,008,000 of
this amount for program delivery;
(2) $500,000,000 in fiscal year 2010, and the
commissioner may use up to $85,000,000 of
this amount for program delivery; and
(3) $100,000,000 in each fiscal year for
fiscal years 2011 through 2018, and the
commissioner may use up to $17,000,000 of
the amount in each fiscal year for program
(b) Of the amount in fiscal year 2009,
$40,000,000 is for construction of
interchanges and intersections
a trunk highway, where the interchange
will promote economic
development, increase employment, relieve
growing traffic congestion, and promote
traffic safety. The amount under this
paragraph must be allocated 50 percent to
the department's metropolitan district, and 50
percent to districts in greater Minnesota.
(c) Of the amount in fiscal years 2009
and 2010, the commissioner shall use
$300,000,000 each year for predesign,
design, preliminary engineering,
right-of-way acquisition, reasonable
and maintenance of bridges in the trunk
highway bridge improvement program under
Minnesota Statutes, section
(d) Of the total appropriation under this
subdivision, the commissioner shall use at
least $50,000,000 for accelerating transit
facility improvements on or adjacent to trunk
(e) Of the total appropriation under this
subdivision provided to the Department
of Transportation's district 7, excluding
10.11the amount allocated to district 7 under
the commissioner shall first
expend funds as necessary to accelerate all
projects that (1) are on a trunk highway
classified as a medium priority interregional
corridor, (2) are included in the district's
long-range transportation plan, but are
not included in the state transportation
improvement program or the ten-year
highway work plan, and (3) expand capacity
from a two-lane highway to a freeway
or expressway, as defined in Minnesota
160.02, subdivision 19
commissioner shall establish as the highest
priority under this paragraph any project that
currently has a final environmental impact
statement completed. The requirement
under this paragraph does not change the
department's funding allocation process
or the amount otherwise allocated to each
transportation district. "
Renumber the sections in sequence and correct the internal references
Amend the title accordingly