HF 3096

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; reliever airports; 
  1.3             regulating lease agreements between the metropolitan 
  1.4             airports commission and the civil air patrol; amending 
  1.5             Minnesota Statutes 2000, section 473.651. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 473.651, is 
  1.8   amended to read: 
  1.9      473.651 [RENTALS FIXED.] 
  1.10     Subdivision 1.  [AIRPORT LEASES, GENERAL AUTHORITY.] The 
  1.11  corporation shall have the authority to determine the charges 
  1.12  for the use of any of the property under its management and 
  1.13  control, and the terms and conditions under which such property 
  1.14  may be used.  Where there is reasonable basis for classification 
  1.15  of users as to any use, the corporation may classify users, but 
  1.16  charges as to each class shall be reasonable and uniform for 
  1.17  such use, and established with due regard to the value of the 
  1.18  property and improvements used and the expense of operation to 
  1.19  the corporation.  The corporation shall have and may enforce 
  1.20  liens as provided for in sections 514.18 to 514.22, to enforce 
  1.21  the payment of any such charges.  
  1.22     Subd. 2.  [CIVIL AIR PATROL DEFINITION.] For the purposes 
  1.23  of this section, "civil air patrol" means: 
  1.24     (1) the United States Air Force auxiliary created by United 
  1.25  States Code, title 36, sections 40301 to 40307, and United 
  2.1   States Code, title 10, sections 9441 to 9448, its Minnesota 
  2.2   wing, and any subordinate unit thereof; or 
  2.3      (2) any organization which applies to lease, or which 
  2.4   leases real property under the commission's management and 
  2.5   control at any reliever airport for the primary purpose of 
  2.6   making available such property, including any structures 
  2.7   thereon, to the civil air patrol at a nominal or no cost to 
  2.8   civil air patrol. 
  2.9      Subd. 3.  [CIVIL AIR PATROL MISSION.] The commission must 
  2.10  offer the civil air patrol the opportunity to lease airport 
  2.11  property on terms that do not hinder or interfere with the 
  2.12  ability of the civil air patrol to perform its mission as 
  2.13  determined by the secretary of the United States air force or 
  2.14  the national headquarters of the civil air patrol, including 
  2.15  activities such as conducting search and rescue operations, 
  2.16  disaster relief, youth aviation programs, and other civic and 
  2.17  humanitarian support efforts for federal, state, and local 
  2.18  governments.  The commission must not hinder or interfere with 
  2.19  the civil air patrol's ability to fulfill its mission by the 
  2.20  enforcement of any rule, regulation, ordinance, or policy of the 
  2.21  commission. 
  2.22     Subd. 4.  [CIVIL AIR PATROL LEASE CHARGES.] Notwithstanding 
  2.23  any other law, the commission may charge a civil air patrol unit 
  2.24  leasing real property at any single reliever airport no more 
  2.25  than $1 per year to cover all rents, assessments, fees, taxes, 
  2.26  or other charges of any nature attributable to such leasehold.  
  2.27  Any services which the commission or any local unit of 
  2.28  government provides to tenants at a reliever airport as a 
  2.29  general condition of leasing airport property at that airport 
  2.30  must be provided to the civil air patrol at no charge. 
  2.31     Subd. 5.  [PREFERENCE GIVEN.] The commission must make 
  2.32  11,400 square feet of space available to the civil air patrol 
  2.33  for lease at each reliever airport.  A civil air patrol unit at 
  2.34  any reliever airport may choose to lease a smaller parcel, or to 
  2.35  lease two separate or adjoining smaller parcels, the sum of 
  2.36  which shall not exceed 11,400 square feet at any one reliever 
  3.1   airport.  Upon receipt by the commission of a request by the 
  3.2   civil air patrol to lease real property at any reliever airport, 
  3.3   the commission shall inform the civil air patrol in a timely 
  3.4   manner in writing about real properties available for lease at 
  3.5   that airport.  The commission must offer the civil air patrol 
  3.6   the opportunity to lease such property before offering the 
  3.7   property for lease to other parties. 
  3.8      Subd. 6.  [DURATION AND RENEWAL.] The commission shall 
  3.9   lease airport property to the civil air patrol subject to the 
  3.10  requirements of this section for a duration of at least 15 
  3.11  years, with the option to renew the lease for additional 15-year 
  3.12  terms indefinitely.  Any lease in effect between the commission 
  3.13  and the civil air patrol on the effective date must be renewed 
  3.14  for a term of at least 15 years, with modifications to meet the 
  3.15  requirements of this section.  At its option, the commission may 
  3.16  elect to enter into a new lease agreement meeting the 
  3.17  requirements of this section with the civil air patrol at any of 
  3.18  the reliever airports to replace a lease agreement in effect on 
  3.19  the effective date. 
  3.20     Sec. 2.  [EFFECTIVE DATE.] 
  3.21     Section 1 applies in the counties of Anoka, Carver, Dakota, 
  3.22  Hennepin, Ramsey, Scott, and Washington, and is effective the 
  3.23  day following final enactment.