1.1                          A bill for an act 
  1.2             relating to state government; making the metropolitan 
  1.3             airports commission a state agency; adding members to 
  1.4             the commission; providing for legislative advice and 
  1.5             consent for certain appointments; requiring 
  1.6             legislative approval of the commission's budget; 
  1.7             requiring legislative approval for the commission to 
  1.8             issue general obligation revenue bonds; making 
  1.9             technical and clarifying changes; amending Minnesota 
  1.10            Statutes 2000, sections 3.9741, subdivision 1; 10A.01, 
  1.11            subdivision 35; 14.03, subdivision 1; 43A.02, 
  1.12            subdivision 22; 360.018, subdivision 9; 360.063, 
  1.13            subdivisions 1, 7; 360.511, subdivision 10; 473.121, 
  1.14            subdivision 5a; 473.601, subdivisions 2, 4, 5; 
  1.15            473.604, subdivision 1, by adding a subdivision; 
  1.16            473.605, subdivisions 1, 2; 473.606, subdivisions 2, 
  1.17            4, by adding a subdivision; 473.608, subdivisions 1, 
  1.18            5; 473.625; 473.627; 473.651; 473.661, subdivisions 1, 
  1.19            3; 473.667, subdivision 3; Minnesota Statutes 2001 
  1.20            Supplement, sections 43A.08, subdivision 1a; proposing 
  1.21            coding for new law in Minnesota Statutes, chapter 473; 
  1.22            repealing Minnesota Statutes 2000, section 473.604, 
  1.23            subdivision 6. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25                             ARTICLE 1
  1.26            TRANSFER OF METROPOLITAN AIRPORTS COMMISSION
  1.27     Section 1.  [METROPOLITAN AIRPORTS COMMISSION MADE STATE 
  1.28  AGENCY.] 
  1.29     Subdivision 1.  [MADE STATE AGENCY.] The metropolitan 
  1.30  airports commission is made a state agency in the executive 
  1.31  branch effective July 1, 2003. 
  1.32     Subd. 2.  [EXPENDITURE OF FUNDS.] The commission may not 
  1.33  expend any funds on and after July 1, 2003, other than 
  1.34  expenditures approved by law by the legislature as part of the 
  2.1   commission's budget, or otherwise authorized by law. 
  2.2      Subd. 3.  [TRANSITIONAL BUDGET.] By July 1, 2002, the 
  2.3   commission shall prepare a detailed six-month budget for the 
  2.4   period of January 1, 2003, to June 30, 2003.  Thereafter, the 
  2.5   commission shall prepare annual budgets with each fiscal year 
  2.6   commencing July 1 and ending June 30.  The commission must 
  2.7   submit a detailed budget for the fiscal year beginning July 1, 
  2.8   2003, to the legislature for approval by January 1, 2003. 
  2.9      Sec. 2.  [TRANSFER OF EMPLOYEES.] 
  2.10     Subdivision 1.  [APPOINTMENT TO STATE CIVIL 
  2.11  SERVICE.] Employees of the metropolitan airports commission on 
  2.12  the effective date of this section become state employees. 
  2.13  Employees whom the commissioner of employee relations determines 
  2.14  meet the criteria in Minnesota Statutes, section 43A.08, 
  2.15  subdivision 1 or 1a, are appointed to the unclassified service. 
  2.16  Other employees are appointed to the classified service, without 
  2.17  examination or competition, and without serving a probationary 
  2.18  period. 
  2.19     Subd. 2.  [ASSIGNMENT TO BARGAINING UNIT AND COMPENSATION 
  2.20  PLANS.] The commissioner of employee relations shall assign 
  2.21  commission positions and employees to appropriate state job 
  2.22  classes and to appropriate state bargaining units or 
  2.23  compensation plans, under criteria specified in Minnesota 
  2.24  Statutes, section 179A.10.  Upon these assignments, terms and 
  2.25  conditions of employment for employees are as provided in the 
  2.26  applicable state collective bargaining agreement or compensation 
  2.27  plan. 
  2.28     Subd. 3.  [RIGHTS OF EXCLUSIVE REPRESENTATIVE.] The rights 
  2.29  and duties of the exclusive representative of commission 
  2.30  employees before the effective date of this section terminates 
  2.31  on the effective date of this section.  On the effective date of 
  2.32  this section, the exclusive representative of the bargaining 
  2.33  unit to which employees are assigned under subdivision 2 assumes 
  2.34  rights and duties to represent the employees. 
  2.35     Subd. 4.  [SAVINGS CLAUSE.] If the commissioner of employee 
  2.36  relations determines that applying the state collective 
  3.1   bargaining agreement or compensation plan would 
  3.2   unconstitutionally impair the rights of an employee under a 
  3.3   contract entered into before the effective date of this section, 
  3.4   the employee shall be governed by the contract entered into 
  3.5   before the effective date of this section until termination of 
  3.6   that contract, to the extent the commissioner determines this is 
  3.7   necessary to avoid an unconstitutional impairment of contract.  
  3.8   If the commissioner of employee relations determines that 
  3.9   terminating the rights of the former exclusive representative 
  3.10  would unconstitutionally impair rights of that organization, the 
  3.11  organization shall continue to have rights and duties relating 
  3.12  to representation of the employees only until and to the extent 
  3.13  the commissioner determines this is necessary to avoid an 
  3.14  unconstitutional impairment of contract. 
  3.15     Sec. 3.  [EVALUATION.] 
  3.16     The legislative audit commission is requested to direct the 
  3.17  legislative auditor to conduct an evaluation of the metropolitan 
  3.18  airports commission.  The purpose of the evaluation is to 
  3.19  determine the degree to which the metropolitan airports 
  3.20  commission is accomplishing duties specified in law, and the 
  3.21  efficiency and effectiveness of the commission in using its 
  3.22  resources to accomplish these duties. 
  3.23     Sec. 4.  [EFFECTIVE DATE.] 
  3.24     Sections 1 and 2 are effective July 1, 2003.  Section 3 is 
  3.25  effective the day following final enactment. 
  3.26                             ARTICLE 2
  3.27           CHANGES TO COMMISSION AUTHORITY AND MEMBERSHIP
  3.28     Section 1.  Minnesota Statutes 2000, section 14.03, 
  3.29  subdivision 1, is amended to read: 
  3.30     Subdivision 1.  [ADMINISTRATIVE PROCEDURE GENERALLY.] The 
  3.31  Administrative Procedure Act in sections 14.001 to 14.69 does 
  3.32  not apply to (a) agencies directly in the legislative or 
  3.33  judicial branches, (b) emergency powers in sections 12.31 to 
  3.34  12.37, (c) the department of military affairs, (d) the 
  3.35  comprehensive health association provided in section 62E.10, (e) 
  3.36  the tax court provided by section 271.06, or (f) the regents of 
  4.1   the University of Minnesota, or (g) the metropolitan airports 
  4.2   commission.  
  4.3      Sec. 2.  [473.6031] [METROPOLITAN AIRPORTS COMMISSION AS 
  4.4   STATE AGENCY.] 
  4.5      The metropolitan airports commission is made a state agency 
  4.6   in the executive branch effective July 1, 2003. 
  4.7      Sec. 3.  Minnesota Statutes 2000, section 473.604, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [COMPOSITION.] (a) The commission consists 
  4.10  of: 
  4.11     (1) the mayor of each of the cities, or a qualified voter 
  4.12  appointed by the mayor, for the term of office as mayor; 
  4.13     (2) eight members, appointed by the governor from each of 
  4.14  the following agency metropolitan council districts: 
  4.15     (i) district A, consisting of council districts 1 and 2; 
  4.16     (ii) district B, consisting of council districts 3 and 4; 
  4.17     (iii) district C, consisting of council districts 5 and 6; 
  4.18     (iv) district D, consisting of council districts 7 and 8; 
  4.19     (v) district E, consisting of council districts 9 and 10; 
  4.20     (vi) district F, consisting of council districts 11 and 12; 
  4.21     (vii) district G, consisting of council districts 13 and 
  4.22  14; and 
  4.23     (viii) district H, consisting of council districts 15 and 
  4.24  16. 
  4.25  Each member shall be a resident of the district represented.  
  4.26  Before making an appointment, the governor shall consult with 
  4.27  each member of the legislature from the district for which the 
  4.28  member is to be appointed, to solicit the legislator's 
  4.29  recommendation on the appointment; 
  4.30     (3) two members from the metropolitan area, one to be 
  4.31  appointed by the speaker of the house of representatives and one 
  4.32  to be appointed by the majority leader of the senate.  Neither 
  4.33  commission member may be a member of the legislature.  Each 
  4.34  member is appointed to a term of four years, and serves at the 
  4.35  pleasure of the appointing authority; 
  4.36     (4) four members appointed by the governor from outside of 
  5.1   the metropolitan area to reflect fairly the various regions and 
  5.2   interests throughout the state that are affected by the 
  5.3   operation of the commission's major airport and airport system.  
  5.4   Two of these members must be residents of statutory or home rule 
  5.5   charter cities, towns, or counties containing an airport 
  5.6   designated by the commissioner of transportation as a key 
  5.7   airport.  The other two must be residents of statutory or home 
  5.8   rule charter cities, towns, or counties containing an airport 
  5.9   designated by the commissioner of transportation as an 
  5.10  intermediate airport.  The members must be appointed by the 
  5.11  governor as follows:  one for a term of one year, one for a term 
  5.12  of two years, one for a term of three years, and one for a term 
  5.13  of four years.  All of the terms start on July 1, 1989.  The 
  5.14  successors of each member must be appointed to four-year terms 
  5.15  commencing on the first Monday in January of each fourth year 
  5.16  after the expiration of the original term.  Before making an 
  5.17  appointment, the governor shall consult each member of the 
  5.18  legislature representing the municipality or county from which 
  5.19  the member is to be appointed, to solicit the legislator's 
  5.20  recommendation on the appointment; and 
  5.21     (4) (5) a chair appointed by the governor for a term of 
  5.22  four years.  The chair may be removed at the pleasure of the 
  5.23  governor. 
  5.24     (b) A member appointed by the governor must receive the 
  5.25  advice and consent of the senate and the house of 
  5.26  representatives, acting separately.  If either house votes not 
  5.27  to confirm an appointment, the appointment terminates on the day 
  5.28  following the vote not to confirm. 
  5.29     Sec. 4.  Minnesota Statutes 2000, section 473.604, is 
  5.30  amended by adding a subdivision to read: 
  5.31     Subd. 2a.  [EFFECT OF TRANSFER ON TERMS OF 
  5.32  OFFICE.] Commission members appointed before July 1, 2003, 
  5.33  continue to serve until the end of their respective terms, 
  5.34  except that members are subject to removal as provided elsewhere 
  5.35  in sections 473.601 to 473.680. 
  5.36     Sec. 5.  Minnesota Statutes 2000, section 473.605, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [PER DIEM, EXPENSES; EXCEPTION.] Each commission 
  6.3   member shall receive $50 per diem compensation as provided in 
  6.4   section 15.0575, subdivision 3, and be reimbursed for actual and 
  6.5   necessary expenses.  The chair shall receive a salary as 
  6.6   prescribed in section 15A.0815 and shall be reimbursed for 
  6.7   reasonable expenses to the same extent as a member.  The mayors 
  6.8   and members of the city councils of Minneapolis and St. Paul 
  6.9   shall not be eligible for per diem compensation.  The annual 
  6.10  budget of the commission shall provide as a separate account 
  6.11  anticipated expenditures for per diem, travel, and associated 
  6.12  expenses for the chair and members, and compensation or 
  6.13  reimbursement shall be made to the chair and members only when 
  6.14  budgeted. 
  6.15     Sec. 6.  Minnesota Statutes 2000, section 473.606, 
  6.16  subdivision 4, is amended to read: 
  6.17     Subd. 4.  [EXECUTIVE DIRECTOR.] (a) The corporation shall 
  6.18  appoint an executive director, who shall be the executive and 
  6.19  operating officer of the corporation, shall serve at the 
  6.20  pleasure of the corporation, and shall receive compensation as 
  6.21  determined by it.  The director shall have had experience as a 
  6.22  business executive, preferably in connection with aviation and 
  6.23  in the promotion of business enterprises.  Under the supervision 
  6.24  of the corporation, the director shall be responsible for the 
  6.25  operation, management, and promotion of all activities with 
  6.26  which the corporation is charged, together with other duties 
  6.27  prescribed by the corporation.  The director shall have the 
  6.28  powers necessarily incident to the performance of duties and 
  6.29  those other powers granted by the corporation, but shall not 
  6.30  have authority to incur liability or make expenditures on behalf 
  6.31  of the corporation without general or specific directions by the 
  6.32  corporation, as shown by the bylaws or minutes of a meeting 
  6.33  thereof. 
  6.34     (b) The initial appointment of the executive director must 
  6.35  receive the advice and consent of the senate and the house of 
  6.36  representatives, acting separately.  If either house votes not 
  7.1   to confirm the appointment, the appointment terminates on the 
  7.2   day following the vote not to confirm. 
  7.3      Sec. 7.  Minnesota Statutes 2000, section 473.606, is 
  7.4   amended by adding a subdivision to read: 
  7.5      Subd. 8.  [EMPLOYEE PENSIONS.] Notwithstanding any other 
  7.6   law, a commission employee hired before July 1, 2003, remains 
  7.7   covered by the same pension coverage plan as before July 1, 
  7.8   2003, as long as the employee remains in the same position.  
  7.9   Notwithstanding any other law, a commission employee hired on or 
  7.10  after July 1, 2003, is covered by the same pension plan that a 
  7.11  commission employee in that position would have been covered by 
  7.12  before July 1, 2003, for as long as the employee remains in the 
  7.13  same position. 
  7.14     Sec. 8.  Minnesota Statutes 2000, section 473.608, 
  7.15  subdivision 5, is amended to read: 
  7.16     Subd. 5.  [CONTRACTS.] It may contract and be 
  7.17  contracted according to the provisions of chapter 16C within any 
  7.18  matter connected with any purpose or activity within the powers 
  7.19  of the corporation as specified in sections 473.601 to 473.679. 
  7.20     Sec. 9.  Minnesota Statutes 2000, section 473.661, 
  7.21  subdivision 1, is amended to read: 
  7.22     Subdivision 1.  [BY JULY JANUARY 1.] The commissioners 
  7.23  shall, on or before the first day of July January of each year, 
  7.24  prepare and submit to the legislature a detailed budget of the 
  7.25  needs of the corporation for the next fiscal year commencing 
  7.26  July 1, specifying separately in said budget the amounts to be 
  7.27  expended for acquisition of property, construction, payments on 
  7.28  bonded indebtedness, if any, operation, noise mitigation, and 
  7.29  maintenance, respectively, subject only to such changes as the 
  7.30  commissioners may from time to time approve.  The legislature 
  7.31  must approve the commission's budget by law.  The commission is 
  7.32  not subject to chapter 16A. 
  7.33     Sec. 10.  Minnesota Statutes 2000, section 473.661, 
  7.34  subdivision 3, is amended to read: 
  7.35     Subd. 3.  [LEVY LIMIT.] In any budget certified by the 
  7.36  commissioners commission members and approved by the legislature 
  8.1   under this section, the amount included for operation and 
  8.2   maintenance shall not exceed an amount which, when extended 
  8.3   against the property taxable therefor under section 473.621, 
  8.4   subdivision 5, will require a levy at a rate of 0.00806 percent 
  8.5   of market value.  Taxes levied by the corporation shall not 
  8.6   affect the amount or rate of taxes which may be levied by any 
  8.7   other local government unit within the metropolitan area under 
  8.8   the provisions of any charter. 
  8.9      Sec. 11.  Minnesota Statutes 2000, section 473.667, 
  8.10  subdivision 3, is amended to read: 
  8.11     Subd. 3.  [GENERAL OBLIGATION REVENUE BONDS.] Subject to 
  8.12  the provisions of subdivision 2 and the approval of the 
  8.13  legislature, the commission may issue bonds for the acquisition 
  8.14  and betterment of airports and air navigation facilities, and 
  8.15  for the refunding of such bonds and of certificates of 
  8.16  indebtedness issued under subdivision 10, in the same manner and 
  8.17  with the same powers and duties as a municipality under the 
  8.18  provisions of chapter 475 except as otherwise provided in this 
  8.19  section.  The bonds shall be designated as general obligation 
  8.20  revenue bonds, and shall be payable primarily from and secured 
  8.21  under resolutions of the commission by an irrevocable pledge and 
  8.22  appropriation of the revenues to be derived from rates, fees, 
  8.23  charges, and rentals to be imposed, maintained, and collected 
  8.24  for all use, service, and availability of airport and air 
  8.25  navigation facilities owned and to be owned or operated by the 
  8.26  commission.  They shall be further secured by the pledge of the 
  8.27  full faith and credit of the commission, which shall be 
  8.28  obligated to levy upon all taxable property within the 
  8.29  metropolitan area a tax at such times and in such amounts, if 
  8.30  any, as may be required to provide funds sufficient to pay all 
  8.31  of the bonds and interest thereon when due and to maintain a 
  8.32  reserve securing such payments in the manner and to the extent 
  8.33  provided in this section.  This tax, if ever required to be 
  8.34  levied, shall not be subject to any limitation of rate or 
  8.35  amount.  The security afforded by this section extends equally 
  8.36  and ratably to all general obligation revenue bonds of the 
  9.1   commission, except that nothing herein shall prevent the 
  9.2   commission from pledging current revenues from a particular 
  9.3   facility or group of facilities first to the payment and 
  9.4   security of bonds issued to finance such facilities. 
  9.5      Sec. 12.  [REPEALER.] 
  9.6      Minnesota Statutes 2000, section 473.604, subdivision 6, is 
  9.7   repealed. 
  9.8      Sec. 13.  [EFFECTIVE DATE.] 
  9.9      Sections 1 to 12 are effective July 1, 2003. 
  9.10                             ARTICLE 3 
  9.11                  CONFORMING AND TECHNICAL CHANGES 
  9.12     Section 1.  Minnesota Statutes 2000, section 3.9741, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
  9.15  of the financial accounts and affairs of a commission under 
  9.16  section 473.595, 473.604, or 473.703, the affected metropolitan 
  9.17  commission is liable to the state for the total cost and 
  9.18  expenses of the audit, including the salaries paid to the 
  9.19  examiners while actually engaged in making the examination.  The 
  9.20  legislative auditor may bill the metropolitan commission either 
  9.21  monthly or at the completion of the audit.  All collections 
  9.22  received for the audits must be deposited in the general fund.  
  9.23     Sec. 2.  Minnesota Statutes 2000, section 10A.01, 
  9.24  subdivision 35, is amended to read: 
  9.25     Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
  9.26     (1) member of the legislature; 
  9.27     (2) individual employed by the legislature as secretary of 
  9.28  the senate, legislative auditor, chief clerk of the house, 
  9.29  revisor of statutes, or researcher, legislative analyst, or 
  9.30  attorney in the office of senate counsel and research or house 
  9.31  research; 
  9.32     (3) constitutional officer in the executive branch and the 
  9.33  officer's chief administrative deputy; 
  9.34     (4) solicitor general or deputy, assistant, or special 
  9.35  assistant attorney general; 
  9.36     (5) commissioner, deputy commissioner, or assistant 
 10.1   commissioner of any state department or agency as listed in 
 10.2   section 15.01 or 15.06; 
 10.3      (6) member, chief administrative officer, or deputy chief 
 10.4   administrative officer of a state board or commission that has 
 10.5   either the power to adopt, amend, or repeal rules, or the power 
 10.6   to adjudicate contested cases or appeals; 
 10.7      (7) individual employed in the executive branch who is 
 10.8   authorized to adopt, amend, or repeal rules or adjudicate 
 10.9   contested cases; 
 10.10     (8) executive director of the state board of investment; 
 10.11     (9) deputy of any official listed in clauses (7) and (8); 
 10.12     (10) judge of the workers' compensation court of appeals; 
 10.13     (11) administrative law judge or compensation judge in the 
 10.14  state office of administrative hearings or referee in the 
 10.15  department of economic security; 
 10.16     (12) member, regional administrator, division director, 
 10.17  general counsel, or operations manager of the metropolitan 
 10.18  council; 
 10.19     (13) member or chief administrator of a metropolitan agency 
 10.20  or the metropolitan airports commission; 
 10.21     (14) director of the division of alcohol and gambling 
 10.22  enforcement in the department of public safety; 
 10.23     (15) member or executive director of the higher education 
 10.24  facilities authority; 
 10.25     (16) member of the board of directors or president of 
 10.26  Minnesota Technology, Inc.; or 
 10.27     (17) member of the board of directors or executive director 
 10.28  of the Minnesota state high school league. 
 10.29     Sec. 3.  Minnesota Statutes 2000, section 43A.02, 
 10.30  subdivision 22, is amended to read: 
 10.31     Subd. 22.  [EXECUTIVE BRANCH.] "Executive branch" means 
 10.32  heads of all agencies of state government, elective or 
 10.33  appointive, established by statute or constitution and all 
 10.34  employees of those agency heads who have within their particular 
 10.35  field of responsibility statewide jurisdiction and who are not 
 10.36  within the legislative or judicial branches of government.  The 
 11.1   executive branch includes the commissioners and employees of the 
 11.2   metropolitan airports commission.  The executive branch also 
 11.3   includes employees of the iron range resources and 
 11.4   rehabilitation board.  The executive branch does not include 
 11.5   agencies with jurisdiction in specifically defined geographical 
 11.6   areas, such as regions, counties, cities, towns, municipalities, 
 11.7   or school districts, the University of Minnesota, the public 
 11.8   employees retirement association, the Minnesota state retirement 
 11.9   system, the teachers retirement association, the Minnesota 
 11.10  historical society, and all of their employees, and any other 
 11.11  entity which is incorporated, even though it receives state 
 11.12  funds.  
 11.13     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
 11.14  43A.08, subdivision 1a, is amended to read: 
 11.15     Subd. 1a.  [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing 
 11.16  authorities for the following agencies may designate additional 
 11.17  unclassified positions according to this subdivision:  the 
 11.18  departments of administration; agriculture; commerce; 
 11.19  corrections; economic security; children, families, and 
 11.20  learning; employee relations; trade and economic development; 
 11.21  finance; health; human rights; labor and industry; natural 
 11.22  resources; public safety; human services; revenue; 
 11.23  transportation; and veterans affairs; the housing finance and 
 11.24  pollution control agencies; the state lottery; the state board 
 11.25  of investment; the office of administrative hearings; the office 
 11.26  of environmental assistance; the offices of the attorney 
 11.27  general, secretary of state, state auditor, and state treasurer; 
 11.28  the Minnesota state colleges and universities; the higher 
 11.29  education services office; the Perpich center for arts 
 11.30  education; the metropolitan airports commission; and the 
 11.31  Minnesota zoological board. 
 11.32     A position designated by an appointing authority according 
 11.33  to this subdivision must meet the following standards and 
 11.34  criteria:  
 11.35     (1) the designation of the position would not be contrary 
 11.36  to other law relating specifically to that agency; 
 12.1      (2) the person occupying the position would report directly 
 12.2   to the agency head or deputy agency head and would be designated 
 12.3   as part of the agency head's management team; 
 12.4      (3) the duties of the position would involve significant 
 12.5   discretion and substantial involvement in the development, 
 12.6   interpretation, and implementation of agency policy; 
 12.7      (4) the duties of the position would not require primarily 
 12.8   personnel, accounting, or other technical expertise where 
 12.9   continuity in the position would be important; 
 12.10     (5) there would be a need for the person occupying the 
 12.11  position to be accountable to, loyal to, and compatible with, 
 12.12  the governor and the agency head, the employing statutory board 
 12.13  or commission, or the employing constitutional officer; 
 12.14     (6) the position would be at the level of division or 
 12.15  bureau director or assistant to the agency head; and 
 12.16     (7) the commissioner has approved the designation as being 
 12.17  consistent with the standards and criteria in this subdivision. 
 12.18     Sec. 5.  Minnesota Statutes 2000, section 360.018, 
 12.19  subdivision 9, is amended to read: 
 12.20     Subd. 9.  [EXCEPTIONS; FEDERAL USE.] The provisions of 
 12.21  subdivisions 6, 7, and 8 shall not apply to any airport, 
 12.22  restricted landing area, or other air navigation facility owned 
 12.23  or operated by the federal government within this state, or by 
 12.24  any public corporation created in and for contiguous cities of 
 12.25  the first class of this state the metropolitan airports 
 12.26  commission.  No airport, restricted landing area or other air 
 12.27  navigation facility shall be acquired or operated within 25 
 12.28  miles of the city hall of either of two contiguous cities of the 
 12.29  first class for which a public corporation is organized and 
 12.30  existing under sections 473.601 to 473.679, without the consent 
 12.31  of such corporation the metropolitan airports commission, as 
 12.32  provided in and limited by section 473.622. 
 12.33     Sec. 6.  Minnesota Statutes 2000, section 360.063, 
 12.34  subdivision 1, is amended to read: 
 12.35     Subdivision 1.  [ENFORCEMENT UNDER POLICE POWER.] (a) In 
 12.36  order to prevent the creation or establishment of airport 
 13.1   hazards, every municipality having an airport hazard area within 
 13.2   its territorial limits may, unless a joint airport zoning board 
 13.3   is permitted under subdivision 3, adopt, amend from time to 
 13.4   time, administer, and enforce, under the police power and in the 
 13.5   manner and upon the conditions hereinafter prescribed, airport 
 13.6   zoning regulations for such airport hazard area, which 
 13.7   regulations may divide such area into zones, and, within such 
 13.8   zones, specify the land uses permitted and regulate and restrict 
 13.9   the height to which structures and trees may be erected or 
 13.10  allowed to grow. 
 13.11     (b) For the purpose of promoting health, safety, order, 
 13.12  convenience, prosperity, general welfare and for conserving 
 13.13  property values and encouraging the most appropriate use of 
 13.14  land, the municipality may regulate the location, size and use 
 13.15  of buildings and the density of population in that portion of an 
 13.16  airport hazard area under approach zones for a distance not to 
 13.17  exceed two miles from the airport boundary and in other portions 
 13.18  of an airport hazard area may regulate by land use zoning for a 
 13.19  distance not to exceed one mile from the airport boundary, and 
 13.20  by height-restriction zoning for a distance not to exceed 1-1/2 
 13.21  miles from the airport boundary. 
 13.22     (c) The powers granted by this subdivision may be exercised 
 13.23  by the metropolitan airports commissions in contiguous cities of 
 13.24  the first class in and for which they have been 
 13.25  created commission. 
 13.26     (d) In the case of airports owned or operated by the state 
 13.27  of Minnesota, other than an airport under the control of the 
 13.28  metropolitan airports commission, such powers shall be exercised 
 13.29  by the state airport zoning boards or by the commissioner of 
 13.30  transportation as authorized herein. 
 13.31     Sec. 7.  Minnesota Statutes 2000, section 360.063, 
 13.32  subdivision 7, is amended to read: 
 13.33     Subd. 7.  [AIRPORT ZONING BOARD, EACH AIRPORT.] Where an 
 13.34  airport is owned or operated by the state of Minnesota, other 
 13.35  than an airport under the control of the metropolitan airports 
 13.36  commission, a state airport zoning board shall be created for 
 14.1   each airport, which board shall have the same power to adopt, 
 14.2   administer and enforce airport zoning rules applicable to the 
 14.3   airport hazard area of such airport as that vested by 
 14.4   subdivision 1 in the municipality.  Each board shall consist of 
 14.5   the commissioner of transportation, or a member of staff 
 14.6   appointed by the commissioner, who shall be chair, one member 
 14.7   appointed by the county board who may be a member of the county 
 14.8   board, of each county in which an airport hazard area is located 
 14.9   and one member appointed by the governing body of each 
 14.10  municipality located within the area to be zoned.  If the area 
 14.11  to be zoned is located entirely within one county and no 
 14.12  municipality is located within the area to be zoned, then the 
 14.13  duly designated members shall select a third member who shall be 
 14.14  a resident of the county.  The members of such board shall serve 
 14.15  for a period of three years beginning January 1 following their 
 14.16  appointment and until their successors are appointed and 
 14.17  qualified.  The zoning rules shall be adopted by an order of the 
 14.18  board signed by a majority of its members.  Such order shall be 
 14.19  published once in a legal newspaper in the county in which the 
 14.20  airport is located and shall become effective ten days following 
 14.21  the date of its publication.  A copy of such order shall be 
 14.22  filed in the office of the commissioner of transportation and 
 14.23  with the county recorder in each county in which a zoned area is 
 14.24  located.  Any person appointed to serve on a state airport 
 14.25  zoning board shall be entitled to reimbursement for travel and 
 14.26  other necessary expenses incurred in performance of duties on 
 14.27  such board which shall be paid from the appropriations made to 
 14.28  the department of transportation. 
 14.29     Sec. 8.  Minnesota Statutes 2000, section 360.511, 
 14.30  subdivision 10, is amended to read: 
 14.31     Subd. 10.  [MUNICIPALITY.] "Municipality" means a statutory 
 14.32  or home rule charter city, a county, or a town in this state and 
 14.33  includes the metropolitan airports commissions organized 
 14.34  pursuant to the provisions of Laws 1943, chapter 500 commission. 
 14.35     Sec. 9.  Minnesota Statutes 2000, section 473.121, 
 14.36  subdivision 5a, is amended to read: 
 15.1      Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
 15.2   means the metropolitan parks and open space commission, 
 15.3   metropolitan airports commission, and metropolitan sports 
 15.4   facilities commission. 
 15.5      Sec. 10.  Minnesota Statutes 2000, section 473.601, 
 15.6   subdivision 2, is amended to read: 
 15.7      Subd. 2.  [COMMISSION AND CORPORATION.] "Commission" and 
 15.8   "corporation" each means a the metropolitan airports commission, 
 15.9   organized and existing under the provisions of sections 473.601 
 15.10  to 473.679 473.680.  
 15.11     Sec. 11.  Minnesota Statutes 2000, section 473.601, 
 15.12  subdivision 4, is amended to read: 
 15.13     Subd. 4.  [COMMISSIONER COMMISSION 
 15.14  MEMBER.] "Commissioner" "Commission member" means a person 
 15.15  appointed or otherwise selected as, and, after qualification, 
 15.16  acting as, a member of the corporation commission.  
 15.17     Sec. 12.  Minnesota Statutes 2000, section 473.601, 
 15.18  subdivision 5, is amended to read: 
 15.19     Subd. 5.  [THE COMMISSIONERS COMMISSION MEMBERS.] 
 15.20  "The commissioners commission members" means a quorum of the 
 15.21  members of the corporation commission, acting as the governing 
 15.22  body of the corporation commission.  
 15.23     Sec. 13.  Minnesota Statutes 2000, section 473.605, 
 15.24  subdivision 1, is amended to read: 
 15.25     Subdivision 1.  [ALSO BYLAWS, RULES OF PROCEDURE, 
 15.26  MEETINGS.] The commissioners shall adopt a corporate seal and 
 15.27  shall adopt bylaws for the regulation of the affairs of 
 15.28  the corporation commission and rules of procedure governing 
 15.29  their actions, not inconsistent with law.  The bylaws shall must 
 15.30  provide for regular meetings of the corporation commission to be 
 15.31  held at least once in each month and for special meetings. 
 15.32     Sec. 14.  Minnesota Statutes 2000, section 473.606, 
 15.33  subdivision 2, is amended to read: 
 15.34     Subd. 2.  [CHAIRS, SECRETARY.] The chair, vice-chair, and 
 15.35  secretary shall have such powers and perform such duties as may 
 15.36  be given or imposed upon them by sections 473.601 to 473.679, or 
 16.1   by the bylaws of the corporation 473.680. 
 16.2      Sec. 15.  Minnesota Statutes 2000, section 473.608, 
 16.3   subdivision 1, is amended to read: 
 16.4      Subdivision 1.  [GENERAL COMMISSION POWERS, WHERE 
 16.5   EXERCISED.] The corporation commission, subject to the 
 16.6   conditions and limitations prescribed by law, shall possess 
 16.7   possesses all the powers as a body corporate necessary and 
 16.8   convenient to accomplish the objects and perform the duties 
 16.9   prescribed by sections 473.601 to 473.679 473.680, including but 
 16.10  not limited to those hereinafter specified in this section.  
 16.11  These powers, except as limited by section 473.622, may be 
 16.12  exercised at any place within 35 miles of the city hall of 
 16.13  either Minneapolis or St. Paul, and in the metropolitan area, 
 16.14  and in the city of Duluth for the purpose of owning, leasing, 
 16.15  constructing, equipping, operating, borrowing money from the 
 16.16  state for, or otherwise arranging for financing the facility 
 16.17  described in section 116R.02, subdivision 5.  
 16.18     Sec. 16.  Minnesota Statutes 2000, section 473.625, is 
 16.19  amended to read: 
 16.20     473.625 [DETACHING MAJOR INTERMEDIATE AIRPORT LAND FROM 
 16.21  CITY, SCHOOL DISTRICT.] 
 16.22     (a) Subdivision 1.  [DETACHMENT.] Lands constituting any 
 16.23  major airport or a part thereof now and which may hereafter be 
 16.24  operated by any public corporation organized under sections 
 16.25  473.601 to 473.679 the commission, and embraced within any city 
 16.26  or school district organized under the laws of the state, are 
 16.27  hereby detached from such that city or school district.  
 16.28     (b)(i) Subd. 2.  [INTERMEDIATE AIRPORT PROPERTY 
 16.29  TAXATION.] (a) Except as provided in clause (ii) paragraph (b), 
 16.30  real and personal property, including real and personal property 
 16.31  otherwise taxable under section 272.01, constituting all or part 
 16.32  of an intermediate airport operated by a public corporation 
 16.33  organized under sections 473.601 to 473.679 the commission and 
 16.34  embraced within a home rule charter or statutory city or school 
 16.35  district is exempt from taxation by the city or school district. 
 16.36     (ii) (b) The county assessor of the county where the 
 17.1   property under this paragraph subdivision is located shall 
 17.2   determine the total market value for all property at that site 
 17.3   for assessment year 2001, compare it to the market value of the 
 17.4   property existing on that site for the 1996 assessment, and 
 17.5   report those market values to the commission.  If the total 
 17.6   market value has not increased by at least 20 percent, the 
 17.7   property tax exemption under clause (i) shall expire paragraph 
 17.8   (a) expires and the property shall be is taxable beginning in 
 17.9   assessment year 2001 and thereafter, for taxes payable in 2002 
 17.10  and thereafter.  The provisions of section 473.629 apply to 
 17.11  lands exempted from property tax under this paragraph 
 17.12  subdivision. 
 17.13     (c) Subd. 3.  [DEFINITION OF INTERMEDIATE AIRPORT.] For the 
 17.14  purposes of this section, an intermediate airport is an airport 
 17.15  that as of March 14, 1996, is a primary reliever airport, 
 17.16  provides general aviation services, has a primary runway between 
 17.17  5,001 and 8,000 feet in length, and has precision instrument 
 17.18  capability. 
 17.19     Sec. 17.  Minnesota Statutes 2000, section 473.627, is 
 17.20  amended to read: 
 17.21     473.627 [TAX FOR POLICE, FIRE, STREETS, PARKING.] 
 17.22     The said commission shall, on or before October 10 of each 
 17.23  calendar year, certify to the county auditor of said a county 
 17.24  described in section 473.626, the amount determined by the 
 17.25  commission to be raised on taxable properties within such 
 17.26  territory that area described in section 473.625 to provide 
 17.27  funds for policing and fire protection at and within said that 
 17.28  airport, and for the construction, maintenance, and repair of 
 17.29  streets and motor vehicle parking areas within such the airport 
 17.30  and.  The auditor shall extend, spread, and include the same 
 17.31  that amount with and as a part of the general taxes for state 
 17.32  and county purposes, to be collected and enforced therewith, 
 17.33  together with penalties and interest and costs, and the county 
 17.34  treasurer upon collection of the same those sums, shall transfer 
 17.35  the same them to the treasurer of said public 
 17.36  corporation commissioner of finance for deposit in the 
 18.1   metropolitan airports fund.  
 18.2      Sec. 18.  Minnesota Statutes 2000, section 473.651, is 
 18.3   amended to read: 
 18.4      473.651 [RENTALS FIXED.] 
 18.5      The corporation commission shall have the authority to 
 18.6   determine the charges for the use of any of the property under 
 18.7   its management and control, and the terms and conditions under 
 18.8   which such the property may be used.  Where there is When a 
 18.9   reasonable basis exists for the classification of users as to 
 18.10  any use, the corporation commission may classify users, but 
 18.11  charges as to each class shall must be reasonable and uniform 
 18.12  for such the use, and established with due regard to the value 
 18.13  of the property and improvements used and the expense of 
 18.14  operation to the corporation commission.  The corporation 
 18.15  commission shall have and may enforce liens as provided for in 
 18.16  sections 514.18 to 514.22, to enforce the payment of any such 
 18.17  charges.  
 18.18     Sec. 19.  [INSTRUCTIONS TO REVISOR.] 
 18.19     (a) The revisor of statutes shall change "commissioner" to 
 18.20  "commission member" in Minnesota Statutes, sections 473.604; 
 18.21  473.605, subdivision 3; and 473.606, subdivision 6. 
 18.22     (b) The revisor of statutes shall change "corporation" to 
 18.23  "commission" in Minnesota Statutes, sections 473.602; 473.606, 
 18.24  subdivisions 4, 5, 6, and 7; 473.608; 473.621, subdivisions 1b, 
 18.25  2, 3, 4, and 5; 473.622; 473.631; 473.652; 473.655; and 473.665. 
 18.26     (c) In each section of Minnesota Statutes referred to in 
 18.27  column A, the revisor of statutes shall delete the reference in 
 18.28  column B and insert the reference in column C. 
 18.29      Column A              Column B            Column C 
 18.30    12.03, subd. 9          473.679             473.680 
 18.31    12.25, subd. 1          473.679             473.680 
 18.32    47.51                   473.679             473.680 
 18.33    169.99, subd. 3         473.679             473.680 
 18.34    174.02, subd. 5         473.679             473.680 
 18.35    360.018, subd. 7        473.679             473.680 
 18.36    400.08, subd. 3         473.603             473.6031
 19.1     473.121, subd. 32       473.679             473.680
 19.2     473.601, subd. 1        473.679             473.680
 19.3     473.602                 473.679             473.680
 19.4     473.608                 473.679             473.680
 19.5     473.666                 473.679             473.680
 19.6     473.675, subd. 2        473.679             473.680
 19.7      (d) The revisor shall make changes in headnotes, and such 
 19.8   other stylistic changes as the revisor deems necessary, to 
 19.9   effectuate this section. 
 19.10     Sec. 20.  [EFFECTIVE DATE.] 
 19.11     Sections 1 to 19 are effective July 1, 2003.