Bill Text: MN HF2924 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Motor vehicle taxes regulated, misdemeanor public defender representation authorized, and public safety and public defenders money appropriated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-19 - Introduction and first reading, referred to Transportation Policy and Finance [HF2924 Detail]
Download: Minnesota-2011-HF2924-Introduced.html
1.2relating to state government; regulating certain motor vehicle taxes; authorizing
1.3representation by public defenders for misdemeanors; appropriating money for
1.4public safety and public defenders;amending Minnesota Statutes 2010, sections
1.5168.013, subdivisions 3, 12; 169.86, by adding a subdivision; 611.14; 611.25,
1.6subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11The amounts shown in this section summarize direct appropriations, by fund, made
1.12in this article.
1.17The sums shown in the columns marked "Appropriations" are appropriated to
1.18the agencies and for the purposes specified in this article. The appropriations are from
1.19the trunk highway fund, or another named fund, and are available for the fiscal years
1.20indicated for each purpose. The figures "2012" and "2013" used in this article mean that
1.21the appropriations listed under them are available for the fiscal year ending June 30, 2012,
1.22or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
1.23fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
1.24fiscal year ending June 30, 2012, are effective the day following final enactment.
2.10The amounts that may be spent for each
2.11purpose are specified in the following
2.12subdivisions.
2.15A onetime appropriation of $515,000
2.16from the general fund for soft body armor
2.17reimbursements under Minnesota Statutes,
2.18section 299A.38. Any unexpended funds
2.19may be carried over into fiscal year 2013.
2.20 Sec. 4. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
2.21 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
2.22applicant for all licenses based on gross weight shall state the unloaded weight of the
2.23motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
2.24on it, the sum of which constitutes the gross weight upon which the license tax must be
2.25paid. However, the declared gross weight upon which the tax is paid must not be less than
2.261-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
2.27to be registered, except recreational vehicles taxed under subdivision 1g, school buses
2.28taxed under subdivision 18, and tow trucks or towing vehicles defined in section169.011,
2.29subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight
2.30of the tow truck or towing vehicle fully equipped, but does not include the weight of a
2.31wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
2.32(b) The gross weight of a motor vehicle, trailer, or semitrailer must not exceed
2.33the gross weight upon which the license tax has been paid by more than four percent or
2.341,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest
3.1products on a highway, other than a highway that is part of the system of interstate and
3.2defense highways, unless a federal exemption is granted, in accordance with paragraph
3.3(d)(3):
3.4(1) shall not exceed its gross vehicle weight upon which the license tax has been
3.5paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
3.6other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
3.7exceeding a gross vehicle or axle weight by up to five percent; and
3.8(2) between the dates set by the commissioner in accordance with section169.826,
3.9subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting
3.10the gross axle weight of any individual axle unless the entire vehicle also exceeds its
3.11gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
3.12allowance permitted under section169.826 , in which case the vehicle is subject to all
3.13applicable penalties for excess weight violations.
3.14(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
3.15license tax is paid must be indicated by a distinctive character on the license plate or
3.16plates except as provided in subdivision 12 and the plate or plates must be kept clean
3.17and clearly visible at all times.
3.18(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
3.19conviction for transporting a gross weight in excess of the gross weight for which it was
3.20registered or for operating a vehicle with an axle weight exceeding the maximum lawful
3.21axle load weight, is guilty of a misdemeanor and subject to increased registration or
3.22reregistration according to the following schedule:
3.23(1) Upon conviction for transporting a gross weight in excess of the gross weight
3.24for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
3.25set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
3.26vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
3.27load as provided in sections169.822 to
169.829 by more than the allowance set forth in
3.28paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
3.29trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
3.30the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
3.31be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
3.32driver, or user was convicted of carrying. The increase is computed for the balance of
3.33the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
3.34calendar year beginning with the first day of the month in which the violation occurred.
3.35If the additional registration tax computed upon that weight, plus the tax already paid,
3.36amounts to more than the regular tax for the maximum gross weight permitted for the
4.1vehicle under sections169.822 to
169.829 , that additional amount must nevertheless be
4.2paid into the highway fund, but the additional tax thus paid does not authorize or permit
4.3any person to operate the vehicle with a gross weight in excess of the maximum legal
4.4weight as provided by sections169.822 to
169.829 . Unless the owner within 30 days
4.5after a conviction applies to increase the authorized weight and pays the additional tax
4.6as provided in this section, the registrar shall revoke the registration on the vehicle and
4.7demand the return of the registration card and plates issued on that registration.
4.8(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
4.9semitrailer for transporting a gross weight in excess of the gross weight for which the
4.10motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
4.11or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
4.12as provided in sections169.822 to
169.829 by 25 percent or more, and in addition to any
4.13penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
4.14privileges on the vehicle involved if the vehicle is being operated under reciprocity
4.15or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
4.16registration on the vehicle operated and demand the return of the registration certificate
4.17and registration plates. The registrar may not cancel the registration or reciprocity
4.18privileges for any vehicle found in violation of seasonal load restrictions imposed under
4.19section169.87 unless the axle weight exceeds the year-round weight limit for the highway
4.20on which the violation occurred. The registrar may investigate any allegation of gross
4.21weight violations and demand that the operator show cause why all future operating
4.22privileges in the state should not be revoked unless the additional tax assessed is paid.
4.23(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
4.24or unfinished forest products, when the registered gross weight is not exceeded by more
4.25than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
4.26transportation of unprocessed or raw farm products from the place of production or
4.27on-farm storage site to any other location within 50 miles of the place of production or
4.28on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
4.29forest products from the place of production to the place of final processing or manufacture
4.30located within 200 miles of the place of production.
4.31(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
4.32registrar according to this section, the vehicle must not be operated on the highways of the
4.33state until it is registered or reregistered, as the case may be, and new plates issued, and
4.34the registration fee is the annual tax for the total gross weight of the vehicle at the time of
4.35violation. The reregistration pursuant to this subdivision of any vehicle operating under
5.1reciprocity agreements pursuant to section168.181 or
168.187 must be at the full annual
5.2registration fee without regard to the percentage of vehicle miles traveled in this state.
5.3(e) Paragraphs (b) and (d) apply to motor vehicles, trailers, or semitrailers that
5.4exceed the weight allowed under a validly issued permit or paid surcharge to the same
5.5extent the paragraphs apply to vehicles that exceed the registered gross weight.
5.6 Sec. 5. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
5.7 Subd. 12. Additional tax for excessive gross weight. (a) Whenever an owner has
5.8registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
5.9a selected gross weight of the vehicle and thereafter such owner desires to operate such
5.10vehicle with a greater gross weight than that for which the tax has been paid, such owner
5.11shall be permitted to reregister such vehicle by paying the additional tax due thereon
5.12for the remainder of the calendar year for which such vehicle has been reregistered, the
5.13additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
5.14of the year remaining in the calendar year, beginning with the first day of the month in
5.15which such owner desires to operate the vehicle with the greater weight.
5.16(b) In computing the additional taxas aforesaid, the owner shall be given credit for
5.17the unused portion of the tax previously paid computed pro rata by the month, 1/12 of
5.18the annual tax paid for each month of the year remaining in the calendar year beginning
5.19with the first day of the month in which such owner desires to operate the vehicle with
5.20the greater weight.
5.21(c) The owner of a vehicle may reregister the vehicle for a weight of more than
5.2280,000 pounds for one or more 30-day periods. For each 30-day period, the additional tax
5.23shall be equal to 1/12 of the difference between the annual tax for the weight at which the
5.24vehicle is registered and reregistered. This paragraph and paragraphs (a) and (b) do not
5.25apply to an owner who obtains a permit under chapter 169 and pays the permit surcharge
5.26as provided in section 169.86, subdivision 5a.
5.27(d) An owner will be permitted one reduction of gross weight or change of
5.28registration per year, which will result in a refund. This refund will be prorated monthly
5.29beginning with the first day of the month after such owner applies to amend the
5.30registration. The application for amendment shall be accompanied by a fee of $3, and all
5.31fees shall be deposited in the highway user tax distribution fund.Provided, however, the
5.32owner of a vehicle may reregister the vehicle for a weight of more than 81,000 pounds
5.33for one or more 30-day periods. For each 30-day period, the additional tax shall be equal
5.34to 1/12 of the difference between the annual tax for the weight at which the vehicle
5.35is registered and reregistered. When a vehicle is reregistered in accordance with this
6.1provision, a distinctive windshield sticker provided by the commissioner of public safety
6.2shall be permanently displayed.
6.3 Sec. 6. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
6.4to read:
6.5 Subd. 5a. Permit surcharge in lieu of increased registration. (a) Unless an
6.6applicant for a special permit for weight can show that the vehicle has been registered for
6.7the weight being allowed under a permit, or has another effective permit for which the
6.8surcharge under this subdivision has been paid, the commissioner shall collect a permit
6.9surcharge in addition to the permit fee.
6.10(b) The surcharge shall be calculated as the difference between the registration tax
6.11paid under section 168.013 and the tax that would be due under that section at the gross
6.12weight allowed under the permit, prorated by the number of days for which the permit is
6.13effective. If the number of days that the permit is effective is not determinable at the time
6.14the permit is issued, the difference between the registration tax paid and the registration
6.15tax that would be due under section 168.013 shall be prorated by the month, rounded to
6.16the nearest number of months the permit will be in effect.
6.17(c) When a permit surcharge is paid under this subdivision, payment of the additional
6.18tax for excessive gross weight under section 168.013 is not required for the time and
6.19weight covered by the permit. No refunds are provided under this subdivision. Proceeds
6.20of the surcharge must be deposited in the state treasury and credited to the highway user
6.21tax distribution fund.
6.22 Sec. 7. EFFECTIVE DATE.
6.23Sections 4 to 6 are effective for the registration period beginning March 1, 2013.
6.27The amounts shown in this section summarize direct appropriations, by fund, made
6.28in this article.
7.2The sums shown in the columns marked "Appropriations" are appropriated to the
7.3agencies and for the purposes specified in this article. The appropriations are from the
7.4general fund, or another named fund, and are available for the fiscal years indicated
7.5for each purpose. The figures "2012" and "2013" used in this article mean that the
7.6appropriations listed under them are available for the fiscal year ending June 30, 2012, or
7.7June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
7.8year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
7.9year ending June 30, 2012, are effective the day following final enactment.
7.15These appropriations are added to the
7.16appropriations in Laws 2011, First Special
7.17Session chapter 1, article 1, section 10.
7.24The amounts that may be spent for each
7.25purpose are specified in the following
7.26subdivisions.
7.30This appropriation is to provide a match for
7.31Federal Emergency Management Agency
7.32(FEMA) disaster assistance to state agencies
7.33and political subdivisions under Minnesota
7.34Statutes, section 12.221, in the area
8.1designated under Presidential Declaration
8.2of Major Disaster, FEMA-DR-1900-MN,
8.3whether included in the original declaration
8.4or added later by federal government action.
8.5This is a onetime appropriation. This
8.6appropriation is available until expended.
8.8This appropriation is from the fire safety
8.9account of the special revenue fund and is
8.10for activities and programs under Minnesota
8.11Statutes, section 299F.012. This is a onetime
8.12appropriation.
8.13 Sec. 5. Minnesota Statutes 2010, section 611.14, is amended to read:
8.14611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
8.15 The following persons who are financially unable to obtain counsel are entitled to be
8.16represented by a public defender:
8.17 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
8.18person charged under sections629.01 to
629.29 ;
8.19 (2) a person appealing from a conviction of a felonyor, gross misdemeanor, or
8.20misdemeanor, or a person convicted of a felonyor, gross misdemeanor, or misdemeanor,
8.21who is pursuing a postconviction proceeding and who has not already had a direct appeal
8.22of the conviction;
8.23 (3) a person who is entitled to be represented by counsel under section609.14,
8.24subdivision 2 ; or
8.25 (4) a minor ten years of age or older who is entitled to be represented by counsel
8.26under section260B.163, subdivision 4 , or
260C.163, subdivision 3 .
8.27EFFECTIVE DATE.This section is effective the day following final enactment.
8.28 Sec. 6. Minnesota Statutes 2010, section 611.25, subdivision 1, is amended to read:
8.29 Subdivision 1. Representation. (a) The chief appellate public defender shall
8.30represent, without charge:
8.31 (1) a defendant or other person appealing from a conviction of a felonyor, gross
8.32misdemeanor, or misdemeanor;
9.1 (2) a person convicted of a felonyor, gross misdemeanor, or misdemeanor who is
9.2pursuing a postconviction proceeding and who has not already had a direct appeal of
9.3the conviction; and
9.4 (3) a child who is appealing from a delinquency adjudication or from an extended
9.5jurisdiction juvenile conviction.
9.6 (b) The chief appellate public defender may represent, without charge, all other
9.7persons pursuing a postconviction remedy under section590.01 , who are financially
9.8unable to obtain counsel.
9.9 (c) The chief appellate public defender shall not represent a person in any action or
9.10proceeding in which a party is seeking a monetary judgment, recovery or award.
9.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.3representation by public defenders for misdemeanors; appropriating money for
1.4public safety and public defenders;amending Minnesota Statutes 2010, sections
1.5168.013, subdivisions 3, 12; 169.86, by adding a subdivision; 611.14; 611.25,
1.6subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.10 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.12in this article.
| 1.13 |
2012 |
2013 |
Total |
||||
| 1.14 |
General |
$ |
515,000 |
$ |
0 |
$ |
515,000 |
| 1.15 |
Total |
$ |
515,000 |
$ |
0 |
$ |
515,000 |
| 1.16 |
Sec. 2. APPROPRIATIONS. |
||||||
1.18the agencies and for the purposes specified in this article. The appropriations are from
1.19the trunk highway fund, or another named fund, and are available for the fiscal years
1.20indicated for each purpose. The figures "2012" and "2013" used in this article mean that
1.21the appropriations listed under them are available for the fiscal year ending June 30, 2012,
1.22or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
1.23fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
1.24fiscal year ending June 30, 2012, are effective the day following final enactment.
| 2.1 |
APPROPRIATIONS |
||||||
| 2.2 |
Available for the Year |
||||||
| 2.3 |
Ending June 30 |
||||||
| 2.4 |
2012 |
2013 |
|||||
| 2.5 |
Sec. 3. DEPARTMENT OF PUBLIC SAFETY |
||||||
| 2.6 |
Subdivision 1.Total Appropriation |
$ |
515,000 |
$ |
0 |
||
| 2.7 |
Appropriations by Fund |
||
| 2.8 |
2012 |
2013 |
|
| 2.9 |
General |
515,000 |
0 |
2.11purpose are specified in the following
2.12subdivisions.
| 2.13 |
Subd. 2.Administration and Related Services |
||||||
| 2.14 |
(a) Public Safety Support |
515,000 |
0 |
||||
2.16from the general fund for soft body armor
2.17reimbursements under Minnesota Statutes,
2.18section 299A.38. Any unexpended funds
2.19may be carried over into fiscal year 2013.
2.20 Sec. 4. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
2.21 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
2.22applicant for all licenses based on gross weight shall state the unloaded weight of the
2.23motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
2.24on it, the sum of which constitutes the gross weight upon which the license tax must be
2.25paid. However, the declared gross weight upon which the tax is paid must not be less than
2.261-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
2.27to be registered, except recreational vehicles taxed under subdivision 1g, school buses
2.28taxed under subdivision 18, and tow trucks or towing vehicles defined in section
2.29subdivision 83
2.30of the tow truck or towing vehicle fully equipped, but does not include the weight of a
2.31wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
2.32(b) The gross weight of a motor vehicle, trailer, or semitrailer must not exceed
2.33the gross weight upon which the license tax has been paid by more than four percent or
2.341,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest
3.1products on a highway, other than a highway that is part of the system of interstate and
3.2defense highways, unless a federal exemption is granted, in accordance with paragraph
3.3(d)(3):
3.4(1) shall not exceed its gross vehicle weight upon which the license tax has been
3.5paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
3.6other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
3.7exceeding a gross vehicle or axle weight by up to five percent; and
3.8(2) between the dates set by the commissioner in accordance with section
3.9subdivision 1
3.10the gross axle weight of any individual axle unless the entire vehicle also exceeds its
3.11gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
3.12allowance permitted under section
3.13applicable penalties for excess weight violations.
3.14(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
3.15license tax is paid must be indicated by a distinctive character on the license plate or
3.16plates except as provided in subdivision 12 and the plate or plates must be kept clean
3.17and clearly visible at all times.
3.18(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
3.19conviction for transporting a gross weight in excess of the gross weight for which it was
3.20registered or for operating a vehicle with an axle weight exceeding the maximum lawful
3.21axle load weight, is guilty of a misdemeanor and subject to increased registration or
3.22reregistration according to the following schedule:
3.23(1) Upon conviction for transporting a gross weight in excess of the gross weight
3.24for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
3.25set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
3.26vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
3.27load as provided in sections
3.28paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
3.29trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
3.30the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
3.31be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
3.32driver, or user was convicted of carrying. The increase is computed for the balance of
3.33the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
3.34calendar year beginning with the first day of the month in which the violation occurred.
3.35If the additional registration tax computed upon that weight, plus the tax already paid,
3.36amounts to more than the regular tax for the maximum gross weight permitted for the
4.1vehicle under sections
4.2paid into the highway fund, but the additional tax thus paid does not authorize or permit
4.3any person to operate the vehicle with a gross weight in excess of the maximum legal
4.4weight as provided by sections
4.5after a conviction applies to increase the authorized weight and pays the additional tax
4.6as provided in this section, the registrar shall revoke the registration on the vehicle and
4.7demand the return of the registration card and plates issued on that registration.
4.8(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
4.9semitrailer for transporting a gross weight in excess of the gross weight for which the
4.10motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
4.11or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
4.12as provided in sections
4.13penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
4.14privileges on the vehicle involved if the vehicle is being operated under reciprocity
4.15or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
4.16registration on the vehicle operated and demand the return of the registration certificate
4.17and registration plates. The registrar may not cancel the registration or reciprocity
4.18privileges for any vehicle found in violation of seasonal load restrictions imposed under
4.19section
4.20on which the violation occurred. The registrar may investigate any allegation of gross
4.21weight violations and demand that the operator show cause why all future operating
4.22privileges in the state should not be revoked unless the additional tax assessed is paid.
4.23(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
4.24or unfinished forest products, when the registered gross weight is not exceeded by more
4.25than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
4.26transportation of unprocessed or raw farm products from the place of production or
4.27on-farm storage site to any other location within 50 miles of the place of production or
4.28on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
4.29forest products from the place of production to the place of final processing or manufacture
4.30located within 200 miles of the place of production.
4.31(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
4.32registrar according to this section, the vehicle must not be operated on the highways of the
4.33state until it is registered or reregistered, as the case may be, and new plates issued, and
4.34the registration fee is the annual tax for the total gross weight of the vehicle at the time of
4.35violation. The reregistration pursuant to this subdivision of any vehicle operating under
5.1reciprocity agreements pursuant to section
5.2registration fee without regard to the percentage of vehicle miles traveled in this state.
5.3(e) Paragraphs (b) and (d) apply to motor vehicles, trailers, or semitrailers that
5.4exceed the weight allowed under a validly issued permit or paid surcharge to the same
5.5extent the paragraphs apply to vehicles that exceed the registered gross weight.
5.6 Sec. 5. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:
5.7 Subd. 12. Additional tax for excessive gross weight. (a) Whenever an owner has
5.8registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
5.9a selected gross weight of the vehicle and thereafter such owner desires to operate such
5.10vehicle with a greater gross weight than that for which the tax has been paid, such owner
5.11shall be permitted to reregister such vehicle by paying the additional tax due thereon
5.12for the remainder of the calendar year for which such vehicle has been reregistered, the
5.13additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
5.14of the year remaining in the calendar year, beginning with the first day of the month in
5.15which such owner desires to operate the vehicle with the greater weight.
5.16(b) In computing the additional tax
5.17the unused portion of the tax previously paid computed pro rata by the month, 1/12 of
5.18the annual tax paid for each month of the year remaining in the calendar year beginning
5.19with the first day of the month in which such owner desires to operate the vehicle with
5.20the greater weight.
5.21(c) The owner of a vehicle may reregister the vehicle for a weight of more than
5.2280,000 pounds for one or more 30-day periods. For each 30-day period, the additional tax
5.23shall be equal to 1/12 of the difference between the annual tax for the weight at which the
5.24vehicle is registered and reregistered. This paragraph and paragraphs (a) and (b) do not
5.25apply to an owner who obtains a permit under chapter 169 and pays the permit surcharge
5.26as provided in section 169.86, subdivision 5a.
5.27(d) An owner will be permitted one reduction of gross weight or change of
5.28registration per year, which will result in a refund. This refund will be prorated monthly
5.29beginning with the first day of the month after such owner applies to amend the
5.30registration. The application for amendment shall be accompanied by a fee of $3, and all
5.31fees shall be deposited in the highway user tax distribution fund.
5.32
5.33
5.34
5.35
6.1
6.2
6.3 Sec. 6. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
6.4to read:
6.5 Subd. 5a. Permit surcharge in lieu of increased registration. (a) Unless an
6.6applicant for a special permit for weight can show that the vehicle has been registered for
6.7the weight being allowed under a permit, or has another effective permit for which the
6.8surcharge under this subdivision has been paid, the commissioner shall collect a permit
6.9surcharge in addition to the permit fee.
6.10(b) The surcharge shall be calculated as the difference between the registration tax
6.11paid under section 168.013 and the tax that would be due under that section at the gross
6.12weight allowed under the permit, prorated by the number of days for which the permit is
6.13effective. If the number of days that the permit is effective is not determinable at the time
6.14the permit is issued, the difference between the registration tax paid and the registration
6.15tax that would be due under section 168.013 shall be prorated by the month, rounded to
6.16the nearest number of months the permit will be in effect.
6.17(c) When a permit surcharge is paid under this subdivision, payment of the additional
6.18tax for excessive gross weight under section 168.013 is not required for the time and
6.19weight covered by the permit. No refunds are provided under this subdivision. Proceeds
6.20of the surcharge must be deposited in the state treasury and credited to the highway user
6.21tax distribution fund.
6.22 Sec. 7. EFFECTIVE DATE.
6.23Sections 4 to 6 are effective for the registration period beginning March 1, 2013.
| 6.26 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
6.28in this article.
| 6.29 |
2012 |
2013 |
Total |
||||
| 6.30 |
General |
$ |
295,000 |
$ |
180,000 |
$ |
475,000 |
| 6.31 |
Special Revenue |
-0- |
4,500,000 |
4,500,000 |
|||
| 6.32 |
Total |
$ |
295,000 |
$ |
4,680,000 |
$ |
4,975,000 |
| 7.1 |
Sec. 2. APPROPRIATIONS. |
||||||
7.3agencies and for the purposes specified in this article. The appropriations are from the
7.4general fund, or another named fund, and are available for the fiscal years indicated
7.5for each purpose. The figures "2012" and "2013" used in this article mean that the
7.6appropriations listed under them are available for the fiscal year ending June 30, 2012, or
7.7June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
7.8year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
7.9year ending June 30, 2012, are effective the day following final enactment.
| 7.10 |
APPROPRIATIONS |
||||||
| 7.11 |
Available for the Year |
||||||
| 7.12 |
Ending June 30 |
||||||
| 7.13 |
2012 |
2013 |
|||||
| 7.14 |
Sec. 3. BOARD OF PUBLIC DEFENSE |
$ |
60,000 |
$ |
180,000 |
||
7.16appropriations in Laws 2011, First Special
7.17Session chapter 1, article 1, section 10.
| 7.18 |
Sec. 4. PUBLIC SAFETY. |
||||||
| 7.19 |
Subdivision 1.Total Appropriation |
$ |
235,000 |
$ |
4,500,000 |
||
| 7.20 |
Appropriations by Fund |
||
| 7.21 |
2012 |
2013 |
|
| 7.22 |
General |
235,000 |
-0- |
| 7.23 |
Special Revenue |
-0- |
4,500,000 |
7.25purpose are specified in the following
7.26subdivisions.
| 7.27 |
Subd.2.Emergency Management |
235,000 |
-0- |
||||
| 7.28 |
Appropriations by Fund |
||
| 7.29 |
General |
235,000 |
-0- |
7.31Federal Emergency Management Agency
7.32(FEMA) disaster assistance to state agencies
7.33and political subdivisions under Minnesota
7.34Statutes, section 12.221, in the area
8.1designated under Presidential Declaration
8.2of Major Disaster, FEMA-DR-1900-MN,
8.3whether included in the original declaration
8.4or added later by federal government action.
8.5This is a onetime appropriation. This
8.6appropriation is available until expended.
| 8.7 |
Subd. 3.Fire Marshal |
-0- |
4,500,000 |
||||
8.9account of the special revenue fund and is
8.10for activities and programs under Minnesota
8.11Statutes, section 299F.012. This is a onetime
8.12appropriation.
8.13 Sec. 5. Minnesota Statutes 2010, section 611.14, is amended to read:
8.14611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
8.15 The following persons who are financially unable to obtain counsel are entitled to be
8.16represented by a public defender:
8.17 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
8.18person charged under sections
8.19 (2) a person appealing from a conviction of a felony
8.20misdemeanor, or a person convicted of a felony
8.21who is pursuing a postconviction proceeding and who has not already had a direct appeal
8.22of the conviction;
8.23 (3) a person who is entitled to be represented by counsel under section
8.24subdivision 2
8.25 (4) a minor ten years of age or older who is entitled to be represented by counsel
8.26under section
8.27EFFECTIVE DATE.This section is effective the day following final enactment.
8.28 Sec. 6. Minnesota Statutes 2010, section 611.25, subdivision 1, is amended to read:
8.29 Subdivision 1. Representation. (a) The chief appellate public defender shall
8.30represent, without charge:
8.31 (1) a defendant or other person appealing from a conviction of a felony
8.32misdemeanor, or misdemeanor;
9.1 (2) a person convicted of a felony
9.2pursuing a postconviction proceeding and who has not already had a direct appeal of
9.3the conviction; and
9.4 (3) a child who is appealing from a delinquency adjudication or from an extended
9.5jurisdiction juvenile conviction.
9.6 (b) The chief appellate public defender may represent, without charge, all other
9.7persons pursuing a postconviction remedy under section
9.8unable to obtain counsel.
9.9 (c) The chief appellate public defender shall not represent a person in any action or
9.10proceeding in which a party is seeking a monetary judgment, recovery or award.
9.11EFFECTIVE DATE.This section is effective the day following final enactment.
