HF 915

1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying provisions 
  1.3             relating to aeronautics; making clarifying changes; 
  1.4             amending Minnesota Statutes 2004, sections 360.305, 
  1.5             subdivision 4; 360.55, subdivisions 2, 3, 4, 4a; 
  1.6             360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63, 
  1.7             subdivision 2; 360.67, subdivision 4; 394.22, 
  1.8             subdivision 12; 394.361, subdivisions 1, 3; 462.352, 
  1.9             subdivision 10; 462.355, subdivision 4; 462.359, 
  1.10            subdivisions 1, 3; repealing Minnesota Statutes 2004, 
  1.11            section 360.59, subdivisions 4, 9. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2004, section 360.305, 
  1.14  subdivision 4, is amended to read: 
  1.15     Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
  1.16  CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 
  1.17  subdivision, the commissioner of transportation shall require as 
  1.18  a condition of assistance by the state that the political 
  1.19  subdivision, municipality, or public corporation make a 
  1.20  substantial contribution to the cost of the construction, 
  1.21  improvement, maintenance, or operation of the airport, in 
  1.22  connection with which the assistance of the state is sought.  
  1.23  These costs are referred to as project costs.  
  1.24     (b) For any airport, whether key, intermediate, or landing 
  1.25  strip, where only state and local funds are to be used, the 
  1.26  contribution shall be not less than one-fifth of the sum of: 
  1.27     (1) the project costs; 
  1.28     (2) acquisition costs of the land and clear zones, which 
  2.1   are referred to as acquisition costs. 
  2.2      (c) For any airport where federal, state, and local funds 
  2.3   are to be used, the contribution shall not be less than five 
  2.4   percent of the sum of the project costs and acquisition costs. 
  2.5      (d) The commissioner may pay the total cost of radio and 
  2.6   navigational aids. 
  2.7      (e) Notwithstanding paragraph (b) or (c), the commissioner 
  2.8   may pay all of the project costs of a new landing strip, but not 
  2.9   an intermediate airport or key airport, or may pay an amount 
  2.10  equal to the federal funds granted and used for a new landing 
  2.11  strip plus all of the remaining project costs; but the total 
  2.12  amount paid by the commissioner for the project costs of a new 
  2.13  landing strip, unless specifically authorized by an act 
  2.14  appropriating funds for the new landing strip, shall not exceed 
  2.15  $200,000. 
  2.16     (f) Notwithstanding paragraph (b) or (c), the commissioner 
  2.17  may pay all the project costs for research and development 
  2.18  projects, including, but not limited to noise abatement; 
  2.19  provided that in no event shall the sums expended under this 
  2.20  paragraph exceed five percent of the amount appropriated for 
  2.21  construction grants.  
  2.22     (g) To receive aid under this section for project costs or 
  2.23  for acquisition costs, the municipality must enter into an 
  2.24  agreement with the commissioner giving assurance that the 
  2.25  airport will be operated and maintained in a safe, serviceable 
  2.26  manner for aeronautical purposes only for the use and benefit of 
  2.27  the public: 
  2.28     (1) for 20 years after the date that any state funds for 
  2.29  project costs are received by the municipality; and 
  2.30     (2) for 99 years after the date that any state funds for 
  2.31  acquisition costs are received by the municipality.  If any land 
  2.32  acquired with state funds ceases to be used for aviation 
  2.33  purposes, the municipality shall repay the state airports fund 
  2.34  the same percentage of the appraised value of the property as 
  2.35  that percentage of the costs of acquisition and participation 
  2.36  provided by the state to acquire the land. 
  3.1   The agreement may contain other conditions as the commissioner 
  3.2   deems reasonable. 
  3.3      (h) The commissioner shall establish a hangar construction 
  3.4   revolving account, which shall be used for the purpose of 
  3.5   financing the construction of hangar buildings to be constructed 
  3.6   by municipalities owning airports.  All municipalities owning 
  3.7   airports are authorized to enter into contracts for the 
  3.8   construction of hangars, and contracts with the commissioner for 
  3.9   the financing of hangar construction for an amount and period of 
  3.10  time as may be determined by the commissioner and municipality.  
  3.11  All receipts from the financing contracts shall be deposited in 
  3.12  the hangar construction revolving account and are reappropriated 
  3.13  for the purpose of financing construction of hangar buildings.  
  3.14  The commissioner may pay from the hangar construction revolving 
  3.15  account 80 percent of the cost of financing construction of 
  3.16  hangar buildings.  For purposes of this clause paragraph, the 
  3.17  construction of hangars shall include their design.  The 
  3.18  commissioner shall transfer up to $4,400,000 from the state 
  3.19  airports fund to the hangar construction revolving account. 
  3.20     (i) The commissioner may pay a portion of the purchase 
  3.21  price of any airport maintenance and safety equipment and of the 
  3.22  actual airport snow removal costs incurred by any municipality.  
  3.23  The portion to be paid by the state shall not exceed two-thirds 
  3.24  of the cost of the purchase price or snow removal.  To receive 
  3.25  aid a municipality must enter into an agreement of the type 
  3.26  referred to in paragraph (g). 
  3.27     (j) This subdivision shall apply applies only to project 
  3.28  costs or acquisition costs of municipally owned airports which 
  3.29  are incurred after June 1, 1971. 
  3.30     Sec. 2.  Minnesota Statutes 2004, section 360.55, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [TRANSACTING OFFICIAL BUSINESS.] Aircraft owned 
  3.33  and used solely in the transaction of official business by 
  3.34  representatives of foreign powers, by the federal government, or 
  3.35  by the state or any municipality thereof shall be are exempt 
  3.36  from the provisions of sections 360.54 to 360.67 requiring the 
  4.1   payment of a tax, but all such aircraft, except those owned by 
  4.2   representatives of foreign powers or by the federal government, 
  4.3   shall must be registered as required by sections 360.54 to 
  4.4   360.67 and shall display tax-exempt number plates, labels, or 
  4.5   stamps furnished by the commissioner at cost.  The exemption 
  4.6   herein provided shall does not apply to any aircraft except 
  4.7   those owned by representatives of foreign powers or by the 
  4.8   federal government and except such those aircraft as may be used 
  4.9   in general police work, unless the name of the state department 
  4.10  or the municipality owning such the aircraft shall be is plainly 
  4.11  printed on both sides thereof in letters of a size and character 
  4.12  to be prescribed by the commissioner. 
  4.13     Sec. 3.  Minnesota Statutes 2004, section 360.55, 
  4.14  subdivision 3, is amended to read: 
  4.15     Subd. 3.  [CIVIL AIR PATROL.] Any aircraft owned and used 
  4.16  solely in the transaction of official business by any unit of 
  4.17  the civil air patrol created by Public Law 476, 79th Congress, 
  4.18  Public Law 557, 80th Congress, or acts amendatory thereto, 
  4.19  whether or not the title to such the aircraft is retained by the 
  4.20  federal government or vested in such unit unconditionally, shall 
  4.21  be is exempt from the provisions of sections 360.54 to 360.57 
  4.22  requiring the payment of tax, but all such aircraft shall must 
  4.23  be registered as required by sections 360.54 to 360.57 and shall 
  4.24  display tax-exempt number plates, labels or stamps furnished by 
  4.25  the commissioner at cost. 
  4.26     Sec. 4.  Minnesota Statutes 2004, section 360.55, 
  4.27  subdivision 4, is amended to read: 
  4.28     Subd. 4.  [COLLECTOR'S AIRCRAFT; SPECIAL PLATES.] (a) For 
  4.29  purposes of this subdivision: 
  4.30     (1) "antique aircraft" means an aircraft constructed by the 
  4.31  original manufacturer, or its licensee, on or before December 
  4.32  31, 1945, with the exception of certain pre-World War II 
  4.33  aircraft models that had only a small post-war production, such 
  4.34  as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 
  4.35     (2) "classic aircraft" means an aircraft constructed by the 
  4.36  original manufacturer, or its licensee, on or after January 1, 
  5.1   1946, and has a first year of life that precedes the date of 
  5.2   registration by at least 50 years. 
  5.3      (b) If an antique or classic aircraft is owned and operated 
  5.4   solely as a collector's item, its owner may list it for taxation 
  5.5   and registration as follows:  A sworn affidavit shall must be 
  5.6   executed stating (1) the name and address of the owner, (2) the 
  5.7   name and address of the person from whom purchased, (3) the 
  5.8   aircraft's make of the aircraft, year and, model number of the 
  5.9   aircraft, the federal aircraft registration number, the and 
  5.10  manufacturer's identification number, and (4) that the aircraft 
  5.11  is owned and operated solely as a collector's item and not for 
  5.12  general transportation or commercial operations purposes.  The 
  5.13  affidavit shall must be filed with the commissioner along with a 
  5.14  fee of $25.  
  5.15     (c) Upon satisfaction that the affidavit is true and 
  5.16  correct, the commissioner shall issue to the applicant special 
  5.17  number plates, decalcomania labels, or stamps bearing the 
  5.18  inscription "Classic" or "Antique," "Minnesota" and the 
  5.19  registration number but no date a registration certificate.  The 
  5.20  special number plates, decalcomania labels, or stamps 
  5.21  are registration certificate is valid without renewal as long as 
  5.22  the owner operates the aircraft solely as a collector's item. 
  5.23     (d) Should an antique or classic aircraft be operated other 
  5.24  than as a collector's item, the special number plates, 
  5.25  decalcomania labels, or stamps shall be registration certificate 
  5.26  becomes void and removed, and the owner shall list the aircraft 
  5.27  for taxation and registration in accordance with the other 
  5.28  provisions of sections 360.511 to 360.67.  
  5.29     (e) Upon the sale of an antique or classic aircraft, the 
  5.30  new owner must list the aircraft for taxation and registration 
  5.31  in accordance with the provisions of this subdivision, including 
  5.32  the payment of a $25 fee to obtain new special plates or payment 
  5.33  of a $5 fee to retain and transfer the existing special plates 
  5.34  registration to the name of the new owner, or the other 
  5.35  provisions of sections 360.511 to 360.67, whichever is 
  5.36  applicable. 
  6.1      (f) In the event of defacement, loss, or destruction of the 
  6.2   special number plates, decalcomania labels, or 
  6.3   stamps registration certificate, and upon receiving and filing a 
  6.4   sworn affidavit of the aircraft owner setting forth the 
  6.5   circumstances, together with any defaced plates, labels, or 
  6.6   stamps and a fee of $5, the commissioner shall issue a 
  6.7   replacement plates, labels, or stamps certificate.  The 
  6.8   commissioner shall note on the records the issue of replacement 
  6.9   number and shall proceed to cancel the original plates, labels, 
  6.10  or stamps. 
  6.11     Sec. 5.  Minnesota Statutes 2004, section 360.55, 
  6.12  subdivision 4a, is amended to read: 
  6.13     Subd. 4a.  [RECREATIONAL AIRCRAFT; CLASSIC LICENSE.] (a) An 
  6.14  aircraft that has a base price for tax purposes under section 
  6.15  360.531 of $10,000 or less, and that is owned and operated 
  6.16  solely for recreational purposes, may be listed for taxation and 
  6.17  registration by executing a sworn affidavit stating (1) the name 
  6.18  and address of the owner, (2) the name and address of the person 
  6.19  from whom purchased, (3) the aircraft's make, year, model 
  6.20  number, federal aircraft registration number, and manufacturer's 
  6.21  identification number, and (4) that the aircraft is owned and 
  6.22  operated solely as a recreational aircraft and not for 
  6.23  commercial operational purposes.  The affidavit must be filed 
  6.24  with the commissioner along with an annual $25 fee. 
  6.25     (b) On being satisfied that the affidavit is true and 
  6.26  correct, the commissioner shall issue to the applicant a decal 
  6.27  registration certificate.  
  6.28     (c) Should the aircraft be operated other than as a 
  6.29  recreational aircraft, the owner shall list the aircraft for 
  6.30  taxation and registration and pay the appropriate registration 
  6.31  fee under sections 360.511 to 360.67.  
  6.32     (d) If the aircraft is sold, the new owner shall list the 
  6.33  aircraft for taxation and registration under this subdivision, 
  6.34  including the payment of the annual $25 fee, or under sections 
  6.35  360.511 to 360.67, whichever is applicable. 
  6.36     Sec. 6.  Minnesota Statutes 2004, section 360.58, is 
  7.1   amended to read: 
  7.2      360.58 [OPERATION WITHOUT REGISTRATION OR PAYMENT.] 
  7.3      No aircraft Except as exempted by sections 360.54 and 
  7.4   360.55, a person shall not use or be operated operate an 
  7.5   aircraft in the air space over this state or upon any of the 
  7.6   airports thereof in the tax period of January 1, 1966, to and 
  7.7   including June 30, 1967, or in any fiscal year thereafter of 
  7.8   this state until it shall have the aircraft has been registered 
  7.9   as required in sections 360.54 to 360.67 and the aircraft tax 
  7.10  and fees herein provided shall have been paid and the number 
  7.11  plates, labels, or stamps issued therefor shall be duly 
  7.12  displayed on such aircraft.  A purchaser of a new aircraft may 
  7.13  operate the aircraft without such plates, labels, or stamps upon 
  7.14  securing from the commissioner, or any person designated by the 
  7.15  commissioner for that purpose, a permit to operate such aircraft 
  7.16  pending the issuance of plates, such permit shall be valid for 
  7.17  not more than 15 days.  
  7.18     Sec. 7.  Minnesota Statutes 2004, section 360.59, 
  7.19  subdivision 2, is amended to read: 
  7.20     Subd. 2.  [AGENT OR LIENOR MAY LIST.] Any act required 
  7.21  herein of an owner may be performed in the owner's behalf by a 
  7.22  duly authorized agent.  Any person having a lien upon, or claim 
  7.23  to, any aircraft may pay any tax due thereon to prevent the 
  7.24  penalty for delayed registration from accruing, but the 
  7.25  registration certificate and number plates shall not be issued 
  7.26  until legal ownership is definitely determined. 
  7.27     Sec. 8.  Minnesota Statutes 2004, section 360.59, 
  7.28  subdivision 5, is amended to read: 
  7.29     Subd. 5.  [COMMISSIONER TO APPROVE.] The commissioner shall 
  7.30  approve applications and issue number plates for any aircraft.  
  7.31  When an applicant is listing the same aircraft for taxation and 
  7.32  registration for the second and succeeding time the registration 
  7.33  certificate issued for the prior year need not be delivered to 
  7.34  the commissioner; but in case of a transfer or sale the 
  7.35  registration certificate therefor issued or proof of loss 
  7.36  thereof by sworn statement shall be delivered to the 
  8.1   commissioner.  The commissioner shall be satisfied from the 
  8.2   records that all taxes and fees due hereunder shall have been 
  8.3   paid, and endorsements upon said certificate or sworn proof of 
  8.4   loss in writing signed by the seller and purchaser, shall 
  8.5   furnish proof that the applicant for registration is paying or 
  8.6   receiving credit for the tax upon the aircraft of which the 
  8.7   applicant is the rightful possessor. 
  8.8      Sec. 9.  Minnesota Statutes 2004, section 360.59, 
  8.9   subdivision 7, is amended to read: 
  8.10     Subd. 7.  [TRANSFER OF OWNERSHIP.] Upon the transfer of 
  8.11  ownership,; the destruction, theft, or dismantling as such,; 
  8.12  or the permanent removal by the owner thereof from this state, 
  8.13  of any aircraft registered in accordance with the provisions of 
  8.14  sections 360.511 to 360.67, the right of the owner of such the 
  8.15  aircraft to use the registration certificate and number plates 
  8.16  assigned such the aircraft shall expire, and such certificate 
  8.17  and any existing plates shall be, by such expires.  The 
  8.18  owner, shall forthwith returned return the certificate with 
  8.19  transportation prepaid to the commissioner with a signed notice 
  8.20  of the date and manner of termination of ownership, giving the 
  8.21  name and post office address, with street and number, if in a 
  8.22  city, of the person to whom transferred; provided, however, that 
  8.23  whenever the ownership of an aircraft shall be transferred to 
  8.24  another who shall forthwith register the same in that person's 
  8.25  name, the commissioner may permit the manual delivery of such 
  8.26  plates to the new owner of such aircraft.  On becoming the owner 
  8.27  by gift, trade, or purchase of any aircraft for which a 
  8.28  registration certificate has been theretofore issued under the 
  8.29  provisions of sections 360.511 to 360.67, a person, including a 
  8.30  dealer or manufacturer, shall, within seven days after acquiring 
  8.31  ownership, join with the registered owner in transmitting with 
  8.32  an application the said registration certificate with the 
  8.33  assignment and notice of sale duly executed upon the reverse 
  8.34  side thereof, or in case of loss of such the certificate, with 
  8.35  such proof of loss by sworn statements in writing as shall be 
  8.36  satisfactory to the commissioner.  Upon the transfer of any 
  9.1   aircraft by a manufacturer or dealer, for use within the state, 
  9.2   whether by sale, lease, or otherwise, such the manufacturer or 
  9.3   dealer shall, within seven days after such the transfer, 
  9.4   transmit the transferee's application for registration thereof 
  9.5   and such.  The manufacturer or dealer shall each month file with 
  9.6   the commissioner a notice or report containing the date of 
  9.7   such the transfer, a description of such the aircraft, and the 
  9.8   name, street and number of residence, if in a city, and post 
  9.9   office address of the transferee. 
  9.10     Sec. 10.  Minnesota Statutes 2004, section 360.59, 
  9.11  subdivision 8, is amended to read: 
  9.12     Subd. 8.  [AMENDMENT, SUSPENSION, MODIFICATION, 
  9.13  REVOCATION.] All registrations and issue of number plates shall 
  9.14  be are subject to amendment, suspension, modification, or 
  9.15  revocation by the commissioner summarily for any violation of or 
  9.16  neglect to comply with the provisions of sections 360.511 to 
  9.17  360.67.  In any case where the proper registration of an 
  9.18  aircraft is dependent upon procuring information entailing such 
  9.19  delay as to unreasonably deprive the owner of the use of the 
  9.20  aircraft, the commissioner may issue a tax receipt and plates 
  9.21  conditionally.  In any case when revoking a registration for 
  9.22  cause, the commissioner shall have has the authority to demand 
  9.23  the return of the number plates and registration certificate 
  9.24  and, if necessary, to seize the number plates issued for such 
  9.25  registration. 
  9.26     Sec. 11.  Minnesota Statutes 2004, section 360.63, 
  9.27  subdivision 2, is amended to read: 
  9.28     Subd. 2.  [DEALERS' PLATES AIRCRAFT DEMONSTRATION.] Any 
  9.29  licensed aircraft dealer may apply to the commissioner for one 
  9.30  or more aircraft dealers' plates.  A charge of $15 shall be made 
  9.31  for each such plate.  Any aircraft owned by said an aircraft 
  9.32  dealer, licensed under this section, may be used for the purpose 
  9.33  of demonstration or for any purpose incident to the usual 
  9.34  conduct and operation of business as an aircraft dealer; 
  9.35  provided aircraft dealers' plates are conspicuously attached to 
  9.36  the aircraft when so used, and provided said the aircraft has 
 10.1   been first listed with the commissioner on an aircraft 
 10.2   withholding form provided by the commissioner. 
 10.3      Sec. 12.  Minnesota Statutes 2004, section 360.67, 
 10.4   subdivision 4, is amended to read: 
 10.5      Subd. 4.  [FRAUD.] Any person who: 
 10.6      (1) uses any number plates, label, or stamp or registration 
 10.7   certificate upon or in connection with any aircraft except the 
 10.8   one for which the same were duly issued, or upon any such 
 10.9   aircraft after the certificate, plates, label, or stamp or the 
 10.10  right to use the same have expired, or retains in possession or 
 10.11  fails to surrender as provided in sections 360.511 to 360.67 any 
 10.12  such number plates, label, stamp, or registration certificate; 
 10.13     (2) displays, or causes to be displayed, or has in 
 10.14  possession any canceled, revoked, suspended, or fraudulently 
 10.15  obtained or stolen registration plates, label, or stamp; 
 10.16     (3) lends the person's registration plates, label, or stamp 
 10.17  to any person or knowingly permits the use thereof by another; 
 10.18     (4) displays or represents as the person's own any 
 10.19  registration plates, label, or stamp not issued to the person; 
 10.20  provided, this shall not apply to any legal change of ownership 
 10.21  of the aircraft to which the plates, label, or stamp are 
 10.22  attached; 
 10.23     (5) uses a false or fictitious name or address or 
 10.24  description of the aircraft, engine number, or frame number in 
 10.25  any application for registration of an aircraft or knowingly 
 10.26  makes a false statement or knowingly conceals a material fact or 
 10.27  otherwise commits a fraud in any such application; or 
 10.28     (6) defaces or alters any registration certificate or 
 10.29  number plates or retains the same in possession after the same 
 10.30  have been defaced or altered, 
 10.31  shall be is guilty of a misdemeanor. 
 10.32     Sec. 13.  Minnesota Statutes 2004, section 394.22, 
 10.33  subdivision 12, is amended to read: 
 10.34     Subd. 12.  [OFFICIAL MAP.] "Official map" means a map 
 10.35  adopted in accordance with section 394.361, which may show 
 10.36  existing county roads and county state-aid highways, proposed 
 11.1   future county roads and highways, the area needed for widening 
 11.2   existing county roads and highways, and existing and future 
 11.3   state trunk highway rights-of-way.  An official map may also 
 11.4   show the location of existing public land and facilities and 
 11.5   other land needed for future public purposes, including public 
 11.6   facilities such as parks, playgrounds, schools, and other public 
 11.7   buildings, civic centers, airports, and travel service 
 11.8   facilities.  When requested in accordance with section 394.32, 
 11.9   subdivision 3, an official map may include existing and planned 
 11.10  public land uses within incorporated areas. 
 11.11     Sec. 14.  Minnesota Statutes 2004, section 394.361, 
 11.12  subdivision 1, is amended to read: 
 11.13     Subdivision 1.  [FUTURE PUBLIC USES.] Land that is needed 
 11.14  for future street and highway purposes, or for aviation 
 11.15  purposes, and as sites for other necessary public facilities and 
 11.16  services is frequently diverted to nonpublic uses which that 
 11.17  could have been located on other lands without hardship or 
 11.18  inconvenience to the owners.  When this happens, public uses of 
 11.19  land may be denied or may be obtained later only at prohibitive 
 11.20  cost or at the expense of dislocating the owners and occupants 
 11.21  of the land.  Identification on official maps of land needed for 
 11.22  future public uses permits both the public and private property 
 11.23  owners to adjust their building plans equitably and conveniently 
 11.24  before investments are made which that will make such 
 11.25  adjustments difficult to accomplish.  
 11.26     Sec. 15.  Minnesota Statutes 2004, section 394.361, 
 11.27  subdivision 3, is amended to read: 
 11.28     Subd. 3.  [EFFECT.] After an official map has been adopted 
 11.29  and filed, the issuance of land use or zoning permits or 
 11.30  approvals by the county shall be is subject to the provisions of 
 11.31  this section.  Whenever any street or highway is widened or 
 11.32  improved or any new street is opened, or interests in lands for 
 11.33  other public purposes, including aviation purposes, are acquired 
 11.34  by the county, it is not required in such proceedings to pay for 
 11.35  any building or structure placed without a permit or approval or 
 11.36  in violation of conditions of a permit or approval within the 
 12.1   limits of the mapped street or highway or outside of any 
 12.2   building line that may have been established upon the existing 
 12.3   street or within any area thus identified for public purposes, 
 12.4   including aviation purposes.  The adoption of official maps does 
 12.5   not give the county any right, title, or interest in areas 
 12.6   identified for public purposes thereon, but the adoption of a 
 12.7   map does authorize the county to acquire such these interests 
 12.8   without paying compensation for buildings or structures erected 
 12.9   in such those areas without a permit or approval or in violation 
 12.10  of the conditions of a permit or approval.  The provisions of 
 12.11  This subdivision shall does not apply to buildings or structures 
 12.12  in existence prior to the filing of the official map. 
 12.13     Sec. 16.  Minnesota Statutes 2004, section 462.352, 
 12.14  subdivision 10, is amended to read: 
 12.15     Subd. 10.  [OFFICIAL MAP.] "Official map" means a map 
 12.16  adopted in accordance with section 462.359, which may show 
 12.17  existing and proposed future streets, roads, and highways, and 
 12.18  airports of the municipality and county, the area needed for 
 12.19  widening of existing streets, roads, and highways of the 
 12.20  municipality and county, and existing and future county state 
 12.21  aid highways and state trunk highway rights-of-way.  An official 
 12.22  map may also show the location of existing and future public 
 12.23  land and facilities within the municipality.  In counties in the 
 12.24  metropolitan area as defined in section 473.121, official maps 
 12.25  may for a period of up to five years designate the boundaries of 
 12.26  areas reserved for purposes of soil conservation, water supply 
 12.27  conservation, flood control, and surface water drainage and 
 12.28  removal, including appropriate regulations protecting such those 
 12.29  areas against encroachment by buildings, or other physical 
 12.30  structures or facilities. 
 12.31     Sec. 17.  Minnesota Statutes 2004, section 462.355, 
 12.32  subdivision 4, is amended to read: 
 12.33     Subd. 4.  [INTERIM ORDINANCE.] If a municipality is 
 12.34  conducting studies or has authorized a study to be conducted or 
 12.35  has held or has scheduled a hearing for the purpose of 
 12.36  considering adoption or amendment of a comprehensive plan or 
 13.1   official controls as defined in section 462.352, subdivision 15, 
 13.2   or if new territory for which plans or controls have not been 
 13.3   adopted is annexed to a municipality, the governing body of the 
 13.4   municipality may adopt an interim ordinance applicable to all or 
 13.5   part of its jurisdiction for the purpose of protecting the 
 13.6   planning process and the health, safety and welfare of its 
 13.7   citizens.  The interim ordinance may regulate, restrict, or 
 13.8   prohibit any use, development, or subdivision within the 
 13.9   jurisdiction or a portion thereof for a period not to exceed one 
 13.10  year from the date it is effective.  The period of an interim 
 13.11  ordinance applicable to an area that is affected by a city's 
 13.12  master plan for a municipal airport may be extended for such 
 13.13  additional periods as the municipality may deem appropriate, not 
 13.14  exceeding a total additional period of 18 months in the case 
 13.15  where the Minnesota Department of Transportation has requested a 
 13.16  city to review its master plan for a municipal airport prior to 
 13.17  August 1, 2004.  In all other cases, no interim ordinance may 
 13.18  halt, delay, or impede a subdivision which that has been given 
 13.19  preliminary approval, nor may any interim ordinance extend the 
 13.20  time deadline for agency action set forth in section 15.99 with 
 13.21  respect to any application filed prior to the effective date of 
 13.22  the interim ordinance.  The governing body of the municipality 
 13.23  may extend the interim ordinance after a public hearing and 
 13.24  written findings have been adopted based upon one or more of the 
 13.25  conditions in clause (1), (2), or (3).  The public hearing must 
 13.26  be held at least 15 days but not more than 30 days before the 
 13.27  expiration of the interim ordinance, and notice of the hearing 
 13.28  must be published at least ten days before the hearing.  The 
 13.29  interim ordinance may be extended for the following conditions 
 13.30  and durations, but, except as provided in clause (3), an interim 
 13.31  ordinance may not be extended more than an additional 18 months: 
 13.32     (1) up to an additional 120 days following the receipt of 
 13.33  the final approval or review by a federal, state, or 
 13.34  metropolitan agency when the approval is required by law and the 
 13.35  review or approval has not been completed and received by the 
 13.36  municipality at least 30 days before the expiration of the 
 14.1   interim ordinance; 
 14.2      (2) up to an additional 120 days following the completion 
 14.3   of any other process required by a state statute, federal law, 
 14.4   or court order, when the process is not completed at least 30 
 14.5   days before the expiration of the interim ordinance; or 
 14.6      (3) up to an additional one year if the municipality has 
 14.7   not adopted a comprehensive plan under this section at the time 
 14.8   the interim ordinance is enacted. 
 14.9      Sec. 18.  Minnesota Statutes 2004, section 462.359, 
 14.10  subdivision 1, is amended to read: 
 14.11     Subdivision 1.  [STATEMENT OF PURPOSE.] Land that is needed 
 14.12  for future street purposes or for aviation purposes and as sites 
 14.13  for other necessary public facilities and services is frequently 
 14.14  diverted to nonpublic uses which that could have been located on 
 14.15  other lands without hardship or inconvenience to the owners.  
 14.16  When this happens, public uses of land may be denied or may be 
 14.17  obtained later only at prohibitive cost or at the expense of 
 14.18  dislocating the owners and occupants of the land.  
 14.19  Identification on an official map of land needed for future 
 14.20  public uses permits both the public and private property owners 
 14.21  to adjust their building plans equitably and conveniently before 
 14.22  investments are made which that will make such adjustments 
 14.23  difficult to accomplish.  
 14.24     Sec. 19.  Minnesota Statutes 2004, section 462.359, 
 14.25  subdivision 3, is amended to read: 
 14.26     Subd. 3.  [EFFECT.] After an official map has been adopted 
 14.27  and filed, the issuance of building permits by the municipality 
 14.28  shall be is subject to the provisions of this section.  Whenever 
 14.29  any street or highway is widened or improved or any new street 
 14.30  is opened, or interests in lands for other public purposes, 
 14.31  including aviation purposes, are acquired by the municipality, 
 14.32  it is not required in such proceedings to pay for any building 
 14.33  or structure placed without a permit or in violation of 
 14.34  conditions of a permit within the limits of the mapped street or 
 14.35  outside of any building line that may have been established upon 
 14.36  the existing street or within any area thus identified for 
 15.1   public purposes.  The adoption of an official map does not give 
 15.2   the municipality any right, title, or interest in areas 
 15.3   identified for public purposes thereon, but the adoption of the 
 15.4   map does authorize the municipality to acquire such interests 
 15.5   without paying compensation for buildings or structures erected 
 15.6   in such those areas without a permit or in violation of the 
 15.7   conditions of a permit.  
 15.8      Sec. 20.  [PARKING LOT LEASE.] 
 15.9      Notwithstanding any law to the contrary, the commissioner 
 15.10  of administration shall negotiate a lease with a prospective 
 15.11  tenant regarding the use for fair market value of the parking 
 15.12  lot of the state-owned building at 222 East Plato Boulevard in 
 15.13  the city of St. Paul.  Money received by reason of the lease 
 15.14  must be deposited in the state airports fund. 
 15.15     [EFFECTIVE DATE.] This section is effective the day 
 15.16  following final enactment. 
 15.17     Sec. 21.  [REPEALER.] 
 15.18     Minnesota Statutes 2004, section 360.59, subdivisions 4 and 
 15.19  9, are repealed.