2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to municipal airports; requiring notice to 1.3 commissioner of transportation and public notice and 1.4 hearing before final closure of municipal airport; 1.5 proposing coding for new law in Minnesota Statutes, 1.6 chapter 360. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [360.046] [REQUIREMENTS FOR CLOSURE OF 1.9 MUNICIPAL AIRPORT.] 1.10 Subdivision 1. [DEFINITION OF MUNICIPAL AIRPORT.] For the 1.11 purposes of this section, "municipal airport" is an airport 1.12 owned by a county, city, town, or joint powers board within the 1.13 meaning of section 360.042, exclusive of an airport formed and 1.14 operated by the Metropolitan Airports Commission pursuant to 1.15 sections 473.601 to 473.680. 1.16 Subd. 2. [NOTICE OF INTENT TO CLOSE PROVIDED TO 1.17 COMMISSIONER.] The owner of a municipal airport shall provide 1.18 written notice to the commissioner of intent to close the 1.19 airport. Notice must be provided to the commissioner before or 1.20 immediately upon cessation of operations at the airport. 1.21 Subd. 3. [PRESERVATION OF AIRPORT PROPERTY; PENALTY.] For 1.22 180 days following receipt by the commissioner of the notice 1.23 described in subdivision 2, the municipality may not abandon, 1.24 significantly alter, demolish, or convey airport property. The 1.25 commissioner must assess a municipality that is in violation a 1.26 civil penalty of $1,000 for each day of the 180-day period that 2.1 it remains in violation. Proceeds of the penalty must be 2.2 deposited in the state airports fund. 2.3 Subd. 4. [PUBLIC NOTICE AND HEARING.] The owner of a 2.4 municipal airport shall schedule a public hearing to take place 2.5 within 90 days following the giving of notice to the 2.6 commissioner of intent to close. The owner of the airport shall 2.7 provide public notice within the municipality served by the 2.8 airport a minimum of 30 days before the hearing. At the 2.9 hearing, the municipality shall present information concerning 2.10 the airport closing, and the public must have the opportunity to 2.11 comment. 2.12 Subd. 5. [IMPACT EVALUATION.] Before the public hearing, 2.13 the commissioner shall prepare a written evaluation of the 2.14 impact on the airport system of the closure of the municipal 2.15 airport. The commissioner shall make the evaluation available 2.16 to the municipality and to the public in advance of the hearing.