February 19, 2008

Intergovernmental Services Weekly Legislative Update

Week of Monday, February 18

 

Transportation

Transportation funding bill on House Floor on Thursday, February 21

The transportation funding bill (H.F. 2800/S.F. 2521) was heard in the Senate Transportation Finance Committee and the Senate Finance committee and is on the way to the Senate Tax Committee.  In the House, the bill HF 2800 has moved quickly through the committee process where it has been heard in the House Transportation Finance Committee, the House Capitol Investment Committee, the House Finance Committee and the House Tax committee.  On Monday, February 18, the House Tax Committee removed the indexing provision and increased the 2.5 cent gas tax that would address the debt service and increased it to a maximum of 3.5 cents.  It also expanded the metropolitan transportation area to not only include the seven metro counties but will now include the counties of Chisago, Isanti, Sherburne, Wright, McLeod, Sibley, LeSueur, Rice, Goodhue, Stearns and Benton.  The committee also reduced the trunk highway bonding provision by $400 million over the ten year period.

 

On Friday, February 15, the AMC Board of Directors voted to support the revised legislation although many members expressed concerns that it does not address all of counties identified needs.

 

The bill is scheduled for a floor vote on the House floor on February 21.  The House is scheduled to go into session that day at 10:00 A.M.  Please join us as we work to make sure this bill passes.

 

H.F. 2800 funding provisions include:

·          A 5-cent gas tax increase phased in over a few months--2 cents on the day of enactment and 3 cents in September 15, 2008.

·          $1.8 billion in trunk highway bonding over 10 years, $417 million in year one and $500 million in year two, $100 million in each of the following years.  Of the $500 million in year one and year two, $300 million in each of these first two years will be targeted to a trunk highway bridge improvement program created in the legislation.

·          3.5-cent gas tax increase for debt service for trunk highway bonding effective August 1, 2008.

·          Increased motor vehicle registration fees by removing the caps and changing the depreciation schedule

·          ½ percent increase in the state sales tax in an expanded metropolitan area including the nine collar counties, Stearns and Benton authorized through a joint powers agreement with no required referendum -50 percent to metro transit, 25 percent to construction or reconstruction of trunk highways or local roads of regional significance, and 25 percent to a flexible account for transit, trunk highways and roads and pedestrian and bicycle paths.

·          ½ percent county option sales tax by referendum for Greater Minnesota

·          The AMC county state aid highway formula for new Highway Trust Fund revenue- 60 percent needs and 40 percent motor vehicle registrations.

·          Leased motor vehicle sales tax revenue- Part of the revenue would meet the Governor’s request to provide an income tax offset for low income citizens.  The rest of the funding would be divided 50 percent for Greater Minnesota Transit. 25 percent for Metro Transit, 25 percent for county state aid and municipal state aid highways and streets

·          $50 million for the Local Bridge Replacement program.

·          $10 million for the Local Road Improvement Program

 

Other identified appropriations and policy provisions

Trunk highways

·          In 2009 $40 million for construction of interchanges involving trunk highways.

·          In 200 and 2010 $300 million each year for predesigned, design, preliminary engineering, right-of-way acquisition, construction and reconstruction and maintenance of bridges through the implementation of a new trunk highway bridge improvement program. 

·          $4.2 million for the Great River Road.

·          $24.7 million for the Urban Partnership Agreement.

·          $23.9 million for the Mankato District Headquarters.

·          $8.6 million for the Chaska Truck Station-Carver County Partnership.

·          $2 million for the Rochester and maple Grove Truck Stations Design.

 

The local road improvement program

·          The language for the use of the proposed $10 million for the Local Road Improvement Program will now be available 1/3 to the metropolitan area and 2/3 to Greater Minnesota for rural road safety capital improvement projects on county state aid highways.

 

Local option taxes

·          Metropolitan Area sales tax

ü  The Metropolitan Transportation Area would be defined as the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington, Chisago, Isanti, Sherburne, Wright, McLeod, Sibley, LeSueur, Rice, and Goodhue, Stearns, and Benton.

ü  Establishes a minimum guarantee county defined as any metro county or eligible county that is participating in the joint powers agreement whose proportion of the annual sales tax revenue collected within the county is less than or equal to three percent.

ü  Authorizes the boards of the counties participating under the joint powers agreement by board resolution to impose a one-half percent sales tax and a $20.00 motor vehicle excise tax.

ü  Allows any other eligible county by board resolution to join the joint powers board and impose the one-half percent sales tax.

ü  Provides a withdrawal provision for any participating county.

ü  Gives bonding authorization to the joint powers board or any county acting under the joint powers agreement.

 

·          Greater Minnesota sales tax

ü  Authorizes any county outside of the metropolitan transportation area or more than one county acting under a joint powers agreement to impose a one-half percent sales tax plus the $20.00 excise tax by referendum.

Toll roads

·          Prohibits a road authority from converting a public roadway to a toll road, but grandfathers-in the existing HOV lanes.

·          Prohibits a road authority from converting a public roadway to a BOT facility.

 

Flexible highway account (Turnback Account)

 

·          Restricts funding of the flexible turnback account to county and city turnbacks, to safety improvements on county highways, city streets or township roads and to routes of regional significance.

 

Transit funding

·          Prohibits a county regional rail authority from contributing more than ten percent of the capital costs of a transit project

·          Prohibits a county regional rail authority from contributing any funds to pay for the operating and maintenance costs of any transit project. 

 

For more information, contact:  Carol Lovro, AMC Policy Analyst

 

 

General Government and Taxes

Two tax bills may move forward in 2008

On Wednesday, February 19, the House Tax Committee will hear legislation to bring Minnesota’s tax laws into conformity with existing federal tax law.  The bill, H.F. 3200, is believed to be non-controversial and must be passed immediately to allow Minnesotans to take advantage of the changes this tax filing season.  Included in the mix are additions for certain tuition expenses and teachers’ expenses.

 

The second tax bill, which does not yet have a hearing scheduled, will be a compilation of all non-controversial components of the 2007 tax bill.  House Tax Committee Chair Anne Lenczewski (DFL-Bloomington) has indicated that she is working with the Governor’s office, the House Speaker and Senate leadership to put together a package that can be moved forward this session.  Two significant issues for counties include the ability to invest in trusts to fund outstanding OPEB (Other Post Employment Benefit) liabilities and an increase in the local government Capital Improvement Program bonding limits.  At this time it is unclear what other provisions of the 2007 tax bill may still be viable this session, however, hearings on the bill are expected to begin in the coming weeks.

 

Legislature racing against the clock

The legislature reconvened at noon on February 12 with just 45 legislative days remaining in the 2007-2008 Session.  The constitution requires that the legislature only convene for 120 days each session, sessions are two year events, and that neither body adjourn for more than three days without a joint resolution.  The net result is that at a minimum the legislature must use two legislative days per week or at least 29 days in order to comply with constitutional law up until the constitutional adjournment date of May 19, there are 14 weeks from February 12 and May 19.

 

This leaves just 16 “extra” legislative days to move bills between committee hear all floor debate and of course address the budget deficit following the release of the February forecast.  Further crunching of the numbers shows that on average, the legislature can meet just three times per week all session long.  This week the legislature plans to meet four times, a pace which must continue if bills are to continue moving rapidly through the committee process.  Although a short session would be welcomed by many, legislators are in real danger of running out of time even before the constitutional adjournment date of May 19.  At the current pace, the legislature would be out of days by the end of April unless a joint House-Senate resolution was enacted to allow them to adjourn each body for more than three days.

 

For more information contact:  Joe Mathews, AMC Policy Analyst

 

Environment & Natural Resources

 

The Senate Committee on Energy, Utilities, Technology and Communications heard recommendations from the Minnesota Climate Change Advisory Group (MCCAG).  The top recommendations that the MCCAG Technical Working Groups identified involved the following setting priorities for changes in the areas of forestry management, bio-fuels and waste management.  AMC will continue to monitor any legislative action on these issue areas.  On Wednesday this week, the House Energy Finance and Policy Division will receive an update from the Department of Commerce and other state agencies on 2007 energy and commerce related actions and reports.

 

On Monday February 18, Ramsey County Commissioner Victoria Reinhardt testified before the House Solid Waste Sub-Committee regarding various solid waste bills, some of which had been introduced and another bill that has yet to be officially introduced.  She stressed that while counties are in support of increased recycling and lowering dioxin emissions from burn barrels the state must first address funding issues and service availability in rural areas of the state.  AMC staff will be in contact with the bill author to discuss these issues as they make their way through various committees.

 

Tuesday of this week Senator Steve Dille’s comprehensive planning bill (S.F. 1402) will be heard in the Senate Ag Committee.  While this bill has language that indicates certain goals that counties should consider when doing their comprehensive plans it is thought that this bill still takes away local control and has the potential to leave local units of government vulnerable to land use related law suits.  In past years AMC has opposed this bill and AMC will continue to oppose if it stays in its current form.

 

Another bill of interest is H.F. 2536 that deals with watershed districts duties and taxing authorities and will be heard on Tuesday.  AMC has many concerns with this bill as it has been introduced.  AMC membership and staff have been working with other interested groups to identify an alternative to this bill that would not add another layer of government but would rather work to help watershed districts function better.

 

For more information contact:  Annalee Garletz, AMC Policy Analyst

 

Health and Human Services

 

Health and Human Services Committees' first week's focus is bonding
Most of the legislature's Health and Human Services committee time was used to review various bonding proposals in the first week of the session.  One exception was the House Mental Health Subcommittee (Rep. Neva Walker, Chair), which reviewed the status of mental health reforms passed in 2007.  MACSSA and AMC staff testified on county involvement in various DHS work groups charged with implementing the reforms.  In particular, counties expressed concern that the respective roles of counties and health plans have not been sufficiently clarified yet, and that the authority and funding for these functions should not be transferred to health plans until more work has been done in this area.

In a pre-session hearing on Monday, a joint House-Senate committee heard an overview of the Office of the Legislative Auditor's report on health care administration.  The report addressed administrative costs for publicly funded health care programs and contained a chapter on county-based purchasing.  The report includes a letter from AMC in response to these findings.  A similar hearing is planned in the Senate HHS Budget Division for this Wednesday at 8:30 a.m.

This week:   Both House and Senate have scheduled hearings on the health reform proposals that were developed by the legislature and state administration over the summer.  The legislature is expected to act on these proposals later in the session.

 

For more information contact:  Patricia Coldwell, AMC Policy Analyst

Public Safety

 

Public Safety Committees' first week's focus is bonding

In the public safety arena, the focus thus far has been on local bonding projects.  The House and Senate public safety committees are busy hearing the many bonding requests for county and regional training centers for police and fire, as well as requests for county and regional forensics labs (including one in Anoka County).  It is expected that the committees in both bodies will put forth their recommendations for which projects should move forward later this week.

 

Once the committees have worked through their bonding proposals, they will start to tackle other issues, including the offender re-entry bill authored by Representative Paymar (HF 2996).  This bill is the culmination of a working group he chaired during the interim and is likely the most significant policy initiative that the Public Safety Committee will address this session.

 

For more information contact:  Ryan Erdmann, AMC Policy Analyst

 

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