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MINNESOTA TRANSPORTATION ALLIANCE FILES COURT ACTION CHALLENGING GOVERNOR'S VETO ON TRANSFER OF MOTOR VEHICLE EXCISE TAXES

 MINNESOTA TRANSPORTATION ALLIANCE FILES COURT ACTION CHALLENGING
 GOVERNOR'S VETO ON TRANSFER OF MOTOR VEHICLE EXCISE TAXES
 MINNEAPOLIS, Dec. 10 /PRNewswire/ -- The Minnesota Transportation Alliance announced today that it is filing an action in Ramsey County District Court challenging a line item veto issued by Minnesota Gov. Arne Carlson last spring. The Transportation Alliance, an organization of local government units, transportation professionals, public transit providers, organized labor and road contractors, is contesting the constitutionality of a Carlson veto that eliminated a portion of motor vehicle excise taxes (MVET) that were to have been used for highway and transit purposes beginning in 1993.
 Fred Corrigan, executive director of the Transportation Alliance, said the organization decided to go to court because "the legislature, acting on a purely bipartisan basis, has indicated their intention to dedicate some motor vehicle excise taxes to transportation purposes for future years.
 "There are significant unmet needs in our highway and transit infrastructure," Corrigan said, "and those needs can only be met in the most efficient manner if funds are dedicated and the appropriate planning process can take place."
 According to Winston Borden, attorney for the Alliance, the lawsuit asserts that the line item veto was invalid because it didn't relate to an appropriation, but rather to a distribution formula for future years. Borden, a senior member of Hessian, McKasy & Soderberg, pointed out that "Article 4, section 23 of the Minnesota Constitution permits line item vetoes only for appropriations matters. Here there was no appropriation to veto. What the Governor vetoed was a revenue distribution formula which was not even scheduled to go into effect until the next biennium," Borden said.
 The legal challenge to the Carlson veto by The Minnesota Transportation Alliance is the latest in a number of similar such lawsuits filed since the 1991 legislative session adjourned last May. One of those suits remains unresolved as of the filing of this action by the Transportation Alliance.
 -0- 12/10/91
 /CONTACT: Fred Corrigan of The Minnesota Transportation Alliance, 612-379-7227, or Winston Borden of Hessian, McKasy & Soderberg, 612-330-3000, for The Minnesota Transportation Alliance/ CO: The Minnesota Transportation Alliance ST: Minnesota IN: TPR SU: LEG


AL -- MN008 -- 1016 12/10/91 12:33 EST
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Date:Dec 10, 1991
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