HF 557

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the Metropolitan Airports Commission; adding mayors to the
commission membership; amending Minnesota Statutes 2006, sections 473.604,
subdivision 1; 473.605, subdivision 2; 473.622; repealing Minnesota Statutes
2006, section 473.601, subdivisions 3, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 473.604, subdivision 1, is amended to read:

Subdivision 1.

Composition.

The commission consists of:

(1) the mayor of each of the cities new text begin of Minneapolis, St. Paul, Apple Valley,
Bloomington, Burnsville, Eagan, Mendota Heights, and Richfield new text end , or a qualified voter
appointed by the mayor, for the term of office as mayor;

(2) eight members, appointed by the governor, one from each of the following
agency districts:

(i) district A, consisting of council districts 1 and 2;

(ii) district B, consisting of council districts 3 and 4;

(iii) district C, consisting of council districts 5 and 6;

(iv) district D, consisting of council districts 7 and 8;

(v) district E, consisting of council districts 9 and 10;

(vi) district F, consisting of council districts 11 and 12;

(vii) district G, consisting of council districts 13 and 14; and

(viii) district H, consisting of council districts 15 and 16.

Each member shall be a resident of the district represented. For appointments after June 2,
2006, a member must have resided in the district for at least six months and in the state
for at least one year immediately preceding the appointment. The terms of the members
from districts A, B, F, and H expire on January 1, 2007. The terms of the members from
districts C, D, E, and G expire on January 5, 2009. The successors of each member must
be appointed to four-year terms. Before making an appointment, the governor shall
consult with each member of the legislature from the district for which the member is to
be appointed, to solicit the legislator's recommendation on the appointment;

(3) four members appointed by the governor from outside of the metropolitan area to
reflect fairly the various regions and interests throughout the state that are affected by the
operation of the commission's major airport and airport system. Two of these members
must be residents of statutory or home rule charter cities, towns, or counties containing an
airport designated by the commissioner of transportation as a key airport. The other two
must be residents of statutory or home rule charter cities, towns, or counties containing
an airport designated by the commissioner of transportation as an intermediate airport.
The members must be appointed by the governor as follows: one for a term of one year,
one for a term of two years, one for a term of three years, and one for a term of four
years. All of the terms start on July 1, 1989. The successors of each member must be
appointed to four-year terms commencing on the first Monday in January of each fourth
year after the expiration of the original term. Before making an appointment, the governor
shall consult each member of the legislature representing the municipality or county
from which the member is to be appointed, to solicit the legislator's recommendation
on the appointment; and

(4) a chair appointed by the governor for a term of four years. The chair may be
removed at the pleasure of the governor.

Sec. 2.

Minnesota Statutes 2006, section 473.605, subdivision 2, is amended to read:

Subd. 2.

Per diem, expenses; exception.

Each commission member shall receive
$50 per diem compensation and be reimbursed for actual and necessary expenses. The
chair shall receive a salary as prescribed in section 15A.0815 and shall be reimbursed
for reasonable expenses to the same extent as a member. The mayors and members of
the city councils of Minneapolis deleted text begin and deleted text end new text begin , new text end St. Paul new text begin , Apple Valley, Bloomington, Burnsville,
Eagan, Mendota Heights, and Richfield new text end shall not be eligible for per diem compensation.
The annual budget of the commission shall provide as a separate account anticipated
expenditures for per diem, travel, and associated expenses for the chair and members,
and compensation or reimbursement shall be made to the chair and members only when
budgeted.

Sec. 3.

Minnesota Statutes 2006, section 473.622, is amended to read:

473.622 EXISTING AIRPORTS; CONTROL, JURISDICTION.

The corporation shall exercise control and jurisdiction over any other airport within
either 35 miles of the city hall of either new text begin the new text end city new text begin of Minneapolis or St. Paul new text end or within
the metropolitan area. Control and jurisdiction of the corporation over any privately
or publicly owned airport shall be limited to control and jurisdiction of the flight and
traffic patterns of such airport in the interests of safety of the operation of any airport
owned or operated by the corporation. No airport shall be acquired or operated within
the metropolitan area without first securing the approval of the corporation, provided,
however, such approval shall not be withheld except after notice to all interested parties
and a public hearing held thereon, as provided in section 360.018, subdivision 7, and then
only upon a finding by the corporation that the acquisition or operation of such airport
would create a flight hazard to any airport or airports owned or operated by it. As to any
airport once licensed with the approval of the corporation, approval of the continued
operation of such airport shall at no time be withdrawn by the corporation except after
notice to all interested parties, a public hearing had, and a finding by the corporation based
on substantial evidence that the operation of such airport is inconsistent with the safety of
flight to and from an airport owned or operated or presently to be or being constructed to
be operated by the corporation, and then only after payment of just compensation to cover
the loss sustained by reason of such withdrawal, such just compensation, if not arrived at
by agreement, to be ascertained in the condemnation of said airport by the corporation
under the power of eminent domain, the commission to institute the condemnation
proceedings promptly and to pay in connection with the prosecution thereof all reasonable
and necessary expenses incurred not only by it but also by the owner of such airport.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 473.601, subdivisions 3 and 6, new text end new text begin are repealed.
new text end