1.1 	A bill for an act
1.2 	relating to aviation; declaring operation and
1.3 	maintenance of airports to be an essential service;
1.4 	requiring seller of real property to disclose
1.5 	existence of airport zoning regulations; denying state
1.6 	airports fund assistance to municipality with
1.7 	comprehensive plan incompatible with state aviation
1.8 	plan; amending Minnesota Statutes 2004, sections
1.9 	360.013, subdivision 39; 360.017, subdivision 1;
1.10 	360.065, by adding a subdivision.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 360.013,
1.13 	subdivision 39, is amended to read:
1.14 		Subd. 39.Airport.  "Airport" means any area of land or
1.15 	water, except a restricted landing area, which is designed for
1.16 	the landing and takeoff of aircraft, whether or not facilities
1.17 	are provided for the shelter, surfacing, or repair of aircraft,
1.18 	or for receiving or discharging passengers or cargo, and all
1.19 	appurtenant areas used or suitable for airport buildings or
1.20 	other airport facilities, including facilities described in
1.21 	section 116R.02, subdivision 6, and all appurtenant
1.22 	rights-of-way, whether heretofore or hereafter established. The
1.23 	operation and maintenance of airports is an essential public
1.24 	service.

1.25 	Sec. 2. Minnesota Statutes 2004, section 360.017,
1.26 	subdivision 1, is amended to read:
1.27 		Subdivision 1.Creation; authorized disbursements.  (a)
1.28 	There is hereby created a fund to be known as the state airports
2.1 	fund.  The fund shall consist of all money appropriated to it,
2.2 	or directed to be paid into it, by the legislature.
2.3 	(b) The state airports fund shall be paid out on
2.4 	authorization of the commissioner and shall be used:
2.5 	(1) to acquire, construct, improve, maintain, and operate
2.6 	airports and other air navigation facilities;
2.7 	(2) to assist municipalities in the acquisition,
2.8 	construction, improvement, and maintenance of airports and other
2.9 	air navigation facilities;
2.10 	(3) to assist municipalities to initiate, enhance, and
2.11 	market scheduled air service at their airports;
2.12 	(4) to promote interest and safety in aeronautics through
2.13 	education and information; and
2.14 	(5) to pay the salaries and expenses of the Department of
2.15 	Transportation related to aeronautic planning, administration,
2.16 	and operation.  All allotments of money from the state airports
2.17 	fund for salaries and expenses shall be approved by the
2.18 	commissioner of finance.
2.19 	A municipality that adopts a comprehensive plan that the
2.20 	commissioner finds is incompatible with the state aviation plan
2.21 	is not eligible for assistance from the state airports fund.

2.22 	Sec. 3. Minnesota Statutes 2004, section 360.065, is
2.23 	amended by adding a subdivision to read:
2.24 		Subd. 3.Disclosure of airport zoning
2.25 	regulations. Before accepting consideration or signing an
2.26 	agreement to sell or transfer real property that is located in
2.27 	safety zone A, B, or C under zoning regulations adopted by the
2.28 	governing body, the seller or transferor, whether executing the
2.29 	agreement in the seller or transferor's own right, or as
2.30 	executor, administrator, assignee, trustee, or otherwise by
2.31 	authority of law, must disclose in writing to the buyer or
2.32 	transferee the existence of airport zoning regulations that
2.33 	affect the real property.