HF 243

3rd Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; changing formula for 
  1.3             apportionment of county state-aid highway fund; 
  1.4             regulating weight restrictions on vehicle axles; 
  1.5             changing gasoline and special fuels excise tax rates; 
  1.6             making technical changes; allowing metropolitan 
  1.7             council to impose a metropolitan area sales tax; 
  1.8             limiting metropolitan council transit taxing 
  1.9             authority; appropriating money; amending Minnesota 
  1.10            Statutes 1996, sections 162.07, subdivision 1; 
  1.11            169.825, subdivision 8; 169.85; 296.02, subdivision 
  1.12            1b; 296.025, subdivision 1b; 299D.06; 473.384, 
  1.13            subdivision 6; and 473.446, subdivisions 1, 3, and 8; 
  1.14            proposing coding for new law in Minnesota Statutes, 
  1.15            chapter 473; repealing Minnesota Statutes 1996, 
  1.16            sections 473.388, subdivision 7; and 473.446, 
  1.17            subdivisions 1a and 1b. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1996, section 162.07, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [FORMULA.] After deducting for 
  1.22  administrative costs and for the disaster account and research 
  1.23  account and state park roads as heretofore provided, the 
  1.24  remainder of the total sum provided for in section 162.06, 
  1.25  subdivision 1, shall be identified as the apportionment 
  1.26  sum and.  Of the apportionment sum, up to $280,000,000 shall be 
  1.27  apportioned by the commissioner to the several counties on the 
  1.28  basis of the needs of the counties as determined in accordance 
  1.29  with the following formula: 
  1.30     (1) An amount equal to ten percent of the apportionment sum 
  1.31  shall be apportioned equally among the 87 counties.  
  2.1      (2) An amount equal to ten percent of the apportionment sum 
  2.2   shall be apportioned among the several counties so that each 
  2.3   county shall receive of such amount the percentage that its 
  2.4   motor vehicle registration for the calendar year preceding the 
  2.5   one last past, determined by residence of registrants, bears to 
  2.6   the total statewide motor vehicle registration.  
  2.7      (3) An amount equal to 30 percent of the apportionment sum 
  2.8   shall be apportioned among the several counties so that each 
  2.9   county shall receive of such amount the percentage that its 
  2.10  total lane-miles of approved county state-aid highways bears to 
  2.11  the total lane-miles of approved statewide county state-aid 
  2.12  highways.  In 1997 and subsequent years no county may receive, 
  2.13  as a result of an apportionment under this clause based on 
  2.14  lane-miles rather than miles of approved county state-aid 
  2.15  highways, an apportionment that is less than its apportionment 
  2.16  in 1996. 
  2.17     (4) An amount equal to 50 percent of the apportionment sum 
  2.18  shall be apportioned among the several counties so that each 
  2.19  county shall receive of such amount the percentage that its 
  2.20  money needs bears to the sum of the money needs of all of the 
  2.21  individual counties; provided, that the percentage of such 
  2.22  amount that each county is to receive shall be adjusted so that 
  2.23  each county shall receive in 1958 a total apportionment at least 
  2.24  ten percent greater than its total 1956 apportionments from the 
  2.25  state road and bridge fund; and provided further that those 
  2.26  counties whose money needs are thus adjusted shall never receive 
  2.27  a percentage of the apportionment sum less than the percentage 
  2.28  that such county received in 1958.  
  2.29     Any amount of the apportionment sum in excess of 
  2.30  $280,000,000 shall be known as the excess apportionment sum and 
  2.31  shall be distributed in accordance with the following formula: 
  2.32     (1) an amount equal to 50 percent of the excess 
  2.33  apportionment sum shall be divided among the counties so that 
  2.34  each county receives the percentage that its population bears to 
  2.35  the population of the state; and 
  2.36     (2) an amount equal to 50 percent of the excess 
  3.1   apportionment sum shall be apportioned among the several 
  3.2   counties so that each county shall receive of such amount the 
  3.3   percentage that its money needs bears to the sum of the money 
  3.4   needs of all of the individual counties. 
  3.5      Sec. 2.  Minnesota Statutes 1996, section 169.825, 
  3.6   subdivision 8, is amended to read: 
  3.7      Subd. 8.  [PNEUMATIC-TIRED VEHICLES.] No vehicle or 
  3.8   combination of vehicles equipped with pneumatic tires shall be 
  3.9   operated upon the highways of this state:  
  3.10     (a) Where the gross weight on any wheel exceeds 9,000 
  3.11  pounds, except that on designated local routes and state trunk 
  3.12  highways the gross weight on any single wheel shall not exceed 
  3.13  10,000 pounds; 
  3.14     (b) Where the gross weight on any single axle exceeds 
  3.15  18,000 pounds, except that on designated local routes and state 
  3.16  trunk highways the gross weight on any single axle shall not 
  3.17  exceed 20,000 pounds; 
  3.18     (c) Where the maximum wheel load: 
  3.19     (1) on the foremost and rearmost steering axles, exceeds 
  3.20  600 pounds per inch of tire width or the manufacturer's 
  3.21  recommended load, whichever is less; or 
  3.22     (2) on other axles, exceeds 500 pounds per inch of tire 
  3.23  width or the manufacturer's recommended load, whichever is less; 
  3.24     Clause (2) applies to new vehicles manufactured after 
  3.25  August 1, 1991.  For vehicles manufactured before August 2, 
  3.26  1991, the maximum weight per inch of tire width is 600 pounds 
  3.27  per inch or the manufacturer's recommended load, whichever is 
  3.28  less, until August 1, 1996.  After July 31, 1996, clause (2) 
  3.29  applies to all vehicles regardless of date of manufacture. 
  3.30     (d) Where the gross weight on any axle of a tridem exceeds 
  3.31  15,000 pounds, except that for vehicles to which an additional 
  3.32  axle has been added prior to June 1, 1981, the maximum gross 
  3.33  weight on any axle of a tridem may be up to 16,000 pounds 
  3.34  provided the gross weight of the tridem combination does not 
  3.35  exceed 39,900 pounds where the first and third axles of the 
  3.36  tridem are spaced nine feet apart.  
  4.1      (e) Where the gross weight on any group of axles exceeds 
  4.2   the weights permitted under this section with any or all of the 
  4.3   interior axles disregarded, and with an exterior axle 
  4.4   disregarded if the exterior axle is a variable load axle that is 
  4.5   not carrying its intended weight, and their gross weights 
  4.6   subtracted from the gross weight of all axles of the group under 
  4.7   consideration. 
  4.8      Sec. 3.  Minnesota Statutes 1996, section 169.85, is 
  4.9   amended to read: 
  4.10     169.85 [WEIGHING; PENALTY.] 
  4.11     The driver of a vehicle which has been lawfully stopped may 
  4.12  be required by a peace officer to submit the vehicle and load to 
  4.13  a weighing by means of portable or stationary scales, and the 
  4.14  peace officer may require that the vehicle be driven to the 
  4.15  nearest available scales if the distance to the scales is no 
  4.16  further than five miles, or if the distance from the point where 
  4.17  the vehicle is stopped to the vehicle's destination is not 
  4.18  increased by more than ten miles as a result of proceeding to 
  4.19  the nearest available scales.  Official traffic control devices 
  4.20  as authorized by section 169.06 may be used to direct the driver 
  4.21  to the nearest scale.  When a truck weight enforcement operation 
  4.22  is conducted by means of portable or stationary scales and signs 
  4.23  giving notice of the operation are posted within the highway 
  4.24  right-of-way and adjacent to the roadway within two miles of the 
  4.25  operation, the driver of a truck or combination of vehicles 
  4.26  registered for or weighing in excess of 12,000 10,000 pounds 
  4.27  shall proceed to the scale site and submit the vehicle to 
  4.28  weighing and inspection. 
  4.29     Upon weighing a vehicle and load, as provided in this 
  4.30  section, an officer may require the driver to stop the vehicle 
  4.31  in a suitable place and remain standing until a portion of the 
  4.32  load is removed that is sufficient to reduce the gross weight of 
  4.33  the vehicle to the limit permitted under section 169.825.  A 
  4.34  suitable place is a location where loading or tampering with the 
  4.35  load is not prohibited by federal, state, or local law, rule or 
  4.36  ordinance.  A driver may be required to unload a vehicle only if 
  5.1   the weighing officer determines that (a) on routes subject to 
  5.2   the provisions of section 169.825, the weight on an axle exceeds 
  5.3   the lawful gross weight prescribed by section 169.825, by 2,000 
  5.4   pounds or more, or the weight on a group of two or more 
  5.5   consecutive axles in cases where the distance between the 
  5.6   centers of the first and last axles of the group under 
  5.7   consideration is ten feet or less exceeds the lawful gross 
  5.8   weight prescribed by section 169.825, by 4,000 pounds or more; 
  5.9   or (b) on routes designated by the commissioner in section 
  5.10  169.832, subdivision 11, the overall weight of the vehicle or 
  5.11  the weight on an axle or group of consecutive axles exceeds the 
  5.12  maximum lawful gross weights prescribed by section 169.825; or 
  5.13  (c) the weight is unlawful on an axle or group of consecutive 
  5.14  axles on a road restricted in accordance with section 169.87.  
  5.15  Material unloaded must be cared for by the owner or driver of 
  5.16  the vehicle at the risk of the owner or driver. 
  5.17     A driver of a vehicle who fails or refuses to stop and 
  5.18  submit the vehicle and load to a weighing as required in this 
  5.19  section, or who fails or refuses, when directed by an officer 
  5.20  upon a weighing of the vehicle, to stop the vehicle and 
  5.21  otherwise comply with the provisions of this section, is guilty 
  5.22  of a misdemeanor. 
  5.23     Sec. 4.  Minnesota Statutes 1996, section 296.02, 
  5.24  subdivision 1b, is amended to read: 
  5.25     Subd. 1b.  [RATES IMPOSED.] The gasoline excise tax is 
  5.26  imposed at the following rates: 
  5.27     (a) From July 1, 1997, to June 30, 1998: 
  5.28     (1) E85 is taxed at the rate of 14.2 15.6 cents per gallon; 
  5.29     (2) M85 is taxed at the rate of 11.4 12.5 cents per gallon; 
  5.30  and 
  5.31     (3) all other gasoline is taxed at the rate of 20 22 cents 
  5.32  per gallon.  
  5.33     (b) After June 30, 1998: 
  5.34     (1) E85 is taxed at the rate of 17 cents per gallon; 
  5.35     (2) M85 is taxed at the rate of 13.7 cents per gallon; and 
  5.36     (3) all other gasoline is taxed at the rate of 24 cents per 
  6.1   gallon. 
  6.2      Sec. 5.  Minnesota Statutes 1996, section 296.025, 
  6.3   subdivision 1b, is amended to read: 
  6.4      Subd. 1b.  [TAX RATES.] The special fuel excise tax is 
  6.5   imposed at the following rates: 
  6.6      (a) From July 1, 1997, to June 30, 1998: 
  6.7      (1) Liquefied petroleum gas or propane is taxed at the rate 
  6.8   of 15 16.5 cents per gallon. 
  6.9      (2) Liquefied natural gas is taxed at the rate of 12 13.2 
  6.10  cents per gallon. 
  6.11     (3) Compressed natural gas is taxed at the rate 
  6.12  of $1.739 $1.913 per thousand cubic feet; or 20 22 cents per 
  6.13  gasoline equivalent, as defined by the National Conference on 
  6.14  Weights and Measures, which is 5.66 pounds of natural gas. 
  6.15     (4) All other special fuel is taxed at the same rate as the 
  6.16  gasoline excise tax. 
  6.17     (b) After June 30, 1998: 
  6.18     (1) liquefied petroleum gas or propane is taxed at the rate 
  6.19  of 18 cents per gallon; 
  6.20     (2) liquefied natural gas is taxed at the rate of 14.4 
  6.21  cents per gallon; 
  6.22     (3) compressed natural gas is taxed at the rate of $2.087 
  6.23  per thousand cubic feet; or 24 cents per gasoline equivalent, as 
  6.24  defined by the National Conference on Weights and Measures, 
  6.25  which is 5.66 pounds of natural gas. 
  6.26     Sec. 6.  Minnesota Statutes 1996, section 299D.06, is 
  6.27  amended to read: 
  6.28     299D.06 [INSPECTIONS; WEIGHING.] 
  6.29     Personnel to enforce: 
  6.30     (1) the laws relating to motor vehicle equipment,; school 
  6.31  bus equipment, drivers license,; driver licensing; motor vehicle 
  6.32  registration,; motor vehicle size and weight,; and motor vehicle 
  6.33  petroleum tax, to enforce public utilities commission; and 
  6.34  directing the movement of vehicles to fixed or temporary scales 
  6.35  or inspection stations; and 
  6.36     (2) rules relating to motor carriers, to enforce pollution 
  7.1   control agency rules relating to and motor vehicle noise 
  7.2   abatement, and to enforce laws relating to directing the 
  7.3   movement of vehicles shall be classified employees of the 
  7.4   commissioner of public safety assigned to the division of state 
  7.5   patrol.  Employees engaged in these duties, while actually on 
  7.6   the job during their working hours only, shall have power to 
  7.7   issue citations in lieu of arrest and continued detention and to 
  7.8   prepare notices to appear in court for violation of these laws 
  7.9   and rules, in the manner provided in section 169.91, subdivision 
  7.10  3.  They shall not be armed and shall have none of the other 
  7.11  powers and privileges reserved to peace officers. 
  7.12     Sec. 7.  Minnesota Statutes 1996, section 473.384, 
  7.13  subdivision 6, is amended to read: 
  7.14     Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
  7.15  council shall provide financial assistance to recipients who 
  7.16  were receiving assistance by contract with the commissioner of 
  7.17  transportation under Minnesota Statutes 1982, section 174.24, 
  7.18  subdivision 3 on July 1, 1984, so that the percentage of total 
  7.19  operating cost, as defined by the council, paid by the recipient 
  7.20  from all local sources of revenue, including operating revenue, 
  7.21  does not exceed the percentage for the recipient's 
  7.22  classification as determined by the commissioner of 
  7.23  transportation under the commissioner's final contract with the 
  7.24  recipient.  The council may include funds received under section 
  7.25  473.446, subdivision 1a, as a local source of revenue.  The 
  7.26  remainder of the total operating cost will be paid by the 
  7.27  council less all assistance received by the recipient for that 
  7.28  purpose from any federal source.  
  7.29     If a recipient informs the council in writing prior to the 
  7.30  distribution of financial assistance for any year that paying 
  7.31  its designated percentage of total operating cost from local 
  7.32  sources will cause undue hardship, the council may adjust the 
  7.33  percentage as it deems equitable.  If for any year the funds 
  7.34  available to the council are insufficient to allow the council 
  7.35  to pay its share of total operating cost for those recipients, 
  7.36  the council shall reduce its share in each classification to the 
  8.1   extent necessary. 
  8.2      Sec. 8.  [473.440] [METROPOLITAN AREA SALES AND USE TAX.] 
  8.3      Subdivision 1.  [IMPOSITION.] Notwithstanding section 
  8.4   477A.016, or any other contrary provision of law, ordinance, or 
  8.5   city charter, the metropolitan council may impose an additional 
  8.6   metropolitan area sales tax at a rate not to exceed one-quarter 
  8.7   of one percent on all sales taxable under chapter 297A that 
  8.8   occur in the metropolitan area, as defined in section 473.121, 
  8.9   and may impose an additional compensating use tax of up to 
  8.10  one-quarter of one percent on uses of property within the 
  8.11  metropolitan area, the sale of which would be subject to the 
  8.12  additional sales tax but for the fact the property was sold 
  8.13  outside the metropolitan area.  The metropolitan council may not 
  8.14  impose the tax on the purchase or acquisition of motor vehicles. 
  8.15     The tax imposed by this section may be adjusted annually by 
  8.16  the metropolitan council such that the rate imposed does not 
  8.17  exceed one-quarter of one percent. 
  8.18     The tax imposed by this section must not be counted in 
  8.19  calculating the maximum 12 percent specified in Laws 1986, 
  8.20  chapter 396, section 5, clause (2), for taxes on lodging in the 
  8.21  city of Minneapolis. 
  8.22     Subd. 2.  [FUTURE IMPOSITION.] In the event of any 
  8.23  amendment to chapter 297A enacted subsequent to the date of 
  8.24  final enactment of this section, the metropolitan council may 
  8.25  extend the tax imposed in this section to any such sales or uses.
  8.26     Subd. 3.  [ADMINISTRATION AND COLLECTION.] The commissioner 
  8.27  of revenue shall administer and collect the tax imposed under 
  8.28  this section, in the manner provided by chapters 289A and 297A. 
  8.29     The commissioner may enter into appropriate agreements with 
  8.30  the metropolitan council to provide for collection by the state 
  8.31  of the tax imposed pursuant to subdivision 1.  The commissioner 
  8.32  may charge the metropolitan council from the proceeds of any tax 
  8.33  a reasonable fee for its collection. 
  8.34     Subd. 4.  [USE OF REVENUE.] The metropolitan council shall 
  8.35  use the revenue received from the tax imposed in subdivision 1 
  8.36  as follows: 
  9.1      (1) to pay the cost of collecting the tax; 
  9.2      (2) to maintain, coordinate, and improve transit services 
  9.3   in the metropolitan area, except that the tax revenue must not 
  9.4   be used for special transportation service in the metropolitan 
  9.5   area as described in section 473.386 or for elderly and 
  9.6   handicapped service, as defined in section 174.22, subdivision 
  9.7   13; 
  9.8      (3) to satisfy judgments entered by any court against the 
  9.9   former regional transit board, the former metropolitan transit 
  9.10  commission, or the metropolitan council in matters relating to 
  9.11  transit in the metropolitan area; 
  9.12     (4) to provide to applicants receiving assistance for a 
  9.13  replacement service program an amount not less than the 
  9.14  allowable amount calculated under section 473.388, subdivision 
  9.15  4, for taxes payable in 1999; and 
  9.16     (5) to carry out the powers and duties in sections 473.371 
  9.17  to 473.449, excluding section 473.386. 
  9.18     Sec. 9.  Minnesota Statutes 1996, section 473.446, 
  9.19  subdivision 1, is amended to read: 
  9.20     Subdivision 1.  [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 
  9.21  For the purposes of sections 473.405 473.371 to 473.449 and the 
  9.22  metropolitan transit system, except as otherwise provided in 
  9.23  this subdivision and subdivision 1b, the council shall may levy 
  9.24  each year upon all taxable property within the metropolitan 
  9.25  transit taxing district, defined in subdivision 2, a transit tax 
  9.26  consisting of: 
  9.27     (a) an amount which shall be used for payment of the 
  9.28  expenses of operating transit and paratransit service and to 
  9.29  provide for payment of obligations issued by the council under 
  9.30  section 473.436, subdivision 6; 
  9.31     (b) an additional amount, if any, the council determines to 
  9.32  be necessary to provide for the full and timely payment of its 
  9.33  certificates of indebtedness and other obligations outstanding 
  9.34  on July 1, 1985, to which property taxes under this section have 
  9.35  been pledged; and 
  9.36     (c) an additional amount necessary to provide full and 
 10.1   timely payment of certificates of indebtedness, bonds, including 
 10.2   refunding bonds or other obligations issued or to be issued 
 10.3   under section 473.39 by the council for purposes of acquisition 
 10.4   and betterment of property and other improvements of a capital 
 10.5   nature and to which the council has specifically pledged tax 
 10.6   levies under this clause. 
 10.7      The property tax levied by the council for general purposes 
 10.8   under paragraph (a) must not exceed the following amount for the 
 10.9   years specified: 
 10.10     (1) for taxes payable in 1995, the council's property tax 
 10.11  levy limitation for general transit purposes is equal to the 
 10.12  former regional transit board's property tax levy limitation for 
 10.13  general transit purposes under this subdivision, for taxes 
 10.14  payable in 1994, multiplied by an index for market valuation 
 10.15  changes equal to the total market valuation of all taxable 
 10.16  property located within the metropolitan transit taxing district 
 10.17  for the current taxes payable year divided by the total market 
 10.18  valuation of all taxable property located within the 
 10.19  metropolitan transit taxing district for the previous taxes 
 10.20  payable year; and 
 10.21     (2) for taxes payable in 1996 and subsequent years, the 
 10.22  product of (i) the council's property tax levy limitation for 
 10.23  general transit purposes for the previous year determined under 
 10.24  this subdivision before reduction by the amount levied by any 
 10.25  municipality in the previous year under section 473.388, 
 10.26  subdivision 7, multiplied by (ii) an index for market valuation 
 10.27  changes equal to the total market valuation of all taxable 
 10.28  property located within the metropolitan transit taxing district 
 10.29  for the current taxes payable year divided by the total market 
 10.30  valuation of all taxable property located within the 
 10.31  metropolitan transit taxing district for the previous taxes 
 10.32  payable year, minus the amount levied by any municipality in the 
 10.33  current levy year under section 473.388, subdivision 7. 
 10.34     The portion of the property tax levy for transit district 
 10.35  operating purposes attributable to a municipality that has 
 10.36  exercised a local levy option under section 473.388, subdivision 
 11.1   7, is the amount as determined under subdivision 1b.  The 
 11.2   portion of the property tax levy for transit district operating 
 11.3   purposes attributable to the remaining municipalities within the 
 11.4   transit district is found by subtracting the portions 
 11.5   attributable to the municipalities that have exercised a local 
 11.6   levy option under section 473.388, subdivision 7. 
 11.7      For the taxes payable year 1995, the index for market 
 11.8   valuation changes shall be multiplied by an amount equal to the 
 11.9   sum of the regional transit board's property tax levy limitation 
 11.10  for the taxes payable year 1994 and $160,665.  The $160,665 
 11.11  increase shall be a permanent adjustment to the levy limit base 
 11.12  used in determining the regional transit board's property tax 
 11.13  levy limitation for general purposes for subsequent taxes 
 11.14  payable years. 
 11.15     For the purpose of determining the council's property tax 
 11.16  levy limitation for general transit purposes under this 
 11.17  subdivision, "total market valuation" means the total market 
 11.18  valuation of all taxable property within the metropolitan 
 11.19  transit taxing district without valuation adjustments for fiscal 
 11.20  disparities (chapter 473F), tax increment financing (sections 
 11.21  469.174 to 469.179), and high voltage transmission lines 
 11.22  (section 273.425). 
 11.23     The county auditor shall reduce the tax levied pursuant to 
 11.24  this section and section 473.388 on all property within 
 11.25  statutory and home rule charter cities and towns that receive 
 11.26  full-peak service and limited off-peak service by an amount 
 11.27  equal to the tax levy that would be produced by applying a rate 
 11.28  of 0.510 percent of net tax capacity on the property.  The 
 11.29  county auditor shall reduce the tax levied pursuant to this 
 11.30  section and section 473.388 on all property within statutory and 
 11.31  home rule charter cities and towns that receive limited peak 
 11.32  service by an amount equal to the tax levy that would be 
 11.33  produced by applying a rate of 0.765 percent of net tax capacity 
 11.34  on the property.  The amounts so computed by the county auditor 
 11.35  shall be submitted to the commissioner of revenue as part of the 
 11.36  abstracts of tax lists required to be filed with the 
 12.1   commissioner under section 275.29.  Any prior year adjustments 
 12.2   shall also be certified in the abstracts of tax lists.  The 
 12.3   commissioner shall review the certifications to determine their 
 12.4   accuracy and may make changes in the certification as necessary 
 12.5   or return a certification to the county auditor for 
 12.6   corrections.  The commissioner shall pay to the council and to 
 12.7   the municipalities levying under section 473.388, subdivision 7, 
 12.8   the amounts certified by the county auditors on the dates 
 12.9   provided in section 273.1398, apportioned between the council 
 12.10  and the municipality in the same proportion as the total transit 
 12.11  levy is apportioned within the municipality.  There is annually 
 12.12  appropriated from the general fund in the state treasury to the 
 12.13  department of revenue the amounts necessary to make these 
 12.14  payments.  
 12.15     For the purposes of this subdivision, "full-peak and 
 12.16  limited off-peak service" means peak period regular route 
 12.17  service, plus weekday midday regular route service at intervals 
 12.18  longer than 60 minutes on the route with the greatest frequency; 
 12.19  and "limited peak period service" means peak period regular 
 12.20  route service only.  
 12.21     For the purposes of property taxes payable in the following 
 12.22  year, the council shall annually determine which cities and 
 12.23  towns qualify for the 0.510 percent or 0.765 percent tax 
 12.24  capacity rate reduction and shall certify this list to the 
 12.25  county auditor of the county wherein such cities and towns are 
 12.26  located on or before September 15.  No changes may be made to 
 12.27  the annual list after September 15. 
 12.28     Sec. 10.  Minnesota Statutes 1996, section 473.446, 
 12.29  subdivision 3, is amended to read: 
 12.30     Subd. 3.  [CERTIFICATION AND COLLECTION.] Each county 
 12.31  treasurer shall collect and make settlement of the taxes levied 
 12.32  under subdivisions subdivision 1 and 1a with the treasurer of 
 12.33  the council.  The levy of transit taxes pursuant to this section 
 12.34  shall not affect the amount or rate of taxes which may be levied 
 12.35  by any county or municipality or by the council for other 
 12.36  purposes authorized by law and shall be in addition to any other 
 13.1   property tax authorized by law. 
 13.2      Sec. 11.  Minnesota Statutes 1996, section 473.446, 
 13.3   subdivision 8, is amended to read: 
 13.4      Subd. 8.  [STATE REVIEW CERTIFICATION OF LEVY.] The 
 13.5   commissioner of revenue shall certify the council's levy 
 13.6   limitation under this section to the council by August 1 of the 
 13.7   levy year.  The council must certify its proposed property tax 
 13.8   levy under this section to the commissioner of revenue by 
 13.9   September 1 of the levy year.  The commissioner of revenue shall 
 13.10  annually determine whether the property tax for transit purposes 
 13.11  certified by the council for levy following the adoption of its 
 13.12  proposed budget is within the levy limitation imposed by 
 13.13  subdivisions 1 and 1b.  The commissioner shall also annually 
 13.14  determine whether the transit tax imposed on all taxable 
 13.15  property within the metropolitan transit area but outside of the 
 13.16  metropolitan transit taxing district is within the levy 
 13.17  limitation imposed by subdivision 1a.  The determination must be 
 13.18  completed prior to September 10 of each year.  If current 
 13.19  information regarding market valuation in any county is not 
 13.20  transmitted to the commissioner in a timely manner, the 
 13.21  commissioner may estimate the current market valuation within 
 13.22  that county for purposes of making the calculations. 
 13.23     Sec. 12.  [APPROPRIATION TO COMMISSIONER OF 
 13.24  TRANSPORTATION.] 
 13.25     $38,100,000 is appropriated in fiscal year 1998 and 
 13.26  $64,400,000 is appropriated in fiscal year 1999 from the trunk 
 13.27  highway fund to the commissioner of transportation.  Of these 
 13.28  appropriations, $5,500,000 in fiscal year 1998 and $9,400,000 in 
 13.29  fiscal year 1999 are for design and construction engineering and 
 13.30  $32,600,000 in fiscal year 1998 and $55,000,000 in fiscal year 
 13.31  1999 are for state road construction.  These appropriations are 
 13.32  in addition to any other appropriations for these purposes.  If 
 13.33  the appropriation for either year is insufficient, the 
 13.34  appropriation for the other year is available for it. 
 13.35     Sec. 13.  [APPROPRIATION TO METROPOLITAN COUNCIL.] 
 13.36     Subdivision 1.  [TRANSIT FUNDING.] $14,000,000 is 
 14.1   appropriated in fiscal year 1998 from the general fund to the 
 14.2   metropolitan council for metropolitan transit.  This 
 14.3   appropriation is in addition to any other appropriation for this 
 14.4   purpose.  This appropriation is available for expenditure in 
 14.5   either year of the biennium.  This appropriation does not add to 
 14.6   the council's budget base in future biennia. 
 14.7      Subd. 2.  [ADJUSTMENT TO BASE.] $13,000,000 is added each 
 14.8   year to the budget base for fiscal years 2000 and 2001 for 
 14.9   metropolitan council transit.  This amount reflects a reduction 
 14.10  of HACA payments due to the elimination in section 8 of the 
 14.11  metropolitan transit operating levy.  HACA payments made to the 
 14.12  metropolitan council for transit operating purposes are reduced 
 14.13  by $13,000,000 in each year of fiscal years 2000 and 2001. 
 14.14     Sec. 14.  [APPROPRIATION TO COMMISSIONER OF PUBLIC SAFETY.] 
 14.15     $2,437,000 is appropriated in fiscal year 1998 and 
 14.16  $4,039,000 in fiscal year 1999 from the trunk highway fund to 
 14.17  the commissioner of public safety for the addition of 25 state 
 14.18  patrol positions in each year of the biennium.  These 
 14.19  appropriations are in addition to any other appropriation for 
 14.20  this purpose. 
 14.21     Sec. 15.  [REPEALER.] 
 14.22     Minnesota Statutes 1996, sections 473.388, subdivision 7, 
 14.23  and 473.446, subdivisions 1a and 1b, are repealed. 
 14.24     Sec. 16.  [EFFECTIVE DATE.] 
 14.25     Sections 12 to 14 are effective July 1, 1997.  Sections 4 
 14.26  and 5 are effective July 1, 1997, and apply to all gasoline and 
 14.27  special fuels in distributor storage on that date.  Section 8 is 
 14.28  effective December 1, 1999.  Sections 7, 9 to 11, and 15 are 
 14.29  effective January 1, 2000.  Section 1 is effective for county 
 14.30  state-aid highway fund distributions in 1998 and thereafter. 
 14.31     Sections 7 to 11 and 15 apply to the counties of Anoka, 
 14.32  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.