SF 80

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

A bill for an act
relating to aviation; declaring operation and
maintenance of airports to be an essential service;
requiring seller of real property to disclose
existence of airport zoning regulations; denying state
airports fund assistance to municipality with
comprehensive plan incompatible with state aviation
plan; amending Minnesota Statutes 2004, sections
360.013, subdivision 39; 360.017, subdivision 1;
360.065, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 360.013,
subdivision 39, is amended to read:

Subd. 39.

Airport.

"Airport" means any area of land or
water, except a restricted landing area, which is designed for
the landing and takeoff of aircraft, whether or not facilities
are provided for the shelter, surfacing, or repair of aircraft,
or for receiving or discharging passengers or cargo, and all
appurtenant areas used or suitable for airport buildings or
other airport facilities, including facilities described in
section 116R.02, subdivision 6, and all appurtenant
rights-of-way, whether heretofore or hereafter established. new text begin The
operation and maintenance of airports is an essential public
service.
new text end

Sec. 2.

Minnesota Statutes 2004, section 360.017,
subdivision 1, is amended to read:

Subdivision 1.

Creation; authorized disbursements.

(a)
There is hereby created a fund to be known as the state airports
fund. The fund shall consist of all money appropriated to it,
or directed to be paid into it, by the legislature.

(b) The state airports fund shall be paid out on
authorization of the commissioner and shall be used:

(1) to acquire, construct, improve, maintain, and operate
airports and other air navigation facilities;

(2) to assist municipalities in the acquisition,
construction, improvement, and maintenance of airports and other
air navigation facilities;

(3) to assist municipalities to initiate, enhance, and
market scheduled air service at their airports;

(4) to promote interest and safety in aeronautics through
education and information; and

(5) to pay the salaries and expenses of the Department of
Transportation related to aeronautic planning, administration,
and operation. All allotments of money from the state airports
fund for salaries and expenses shall be approved by the
commissioner of finance.

new text begin A municipality that adopts a comprehensive plan that the
commissioner finds is incompatible with the state aviation plan
is not eligible for assistance from the state airports fund.
new text end

Sec. 3.

Minnesota Statutes 2004, section 360.065, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Disclosure of airport zoning
regulations. new text end

new text begin Before accepting consideration or signing an
agreement to sell or transfer real property that is located in
safety zone A, B, or C under zoning regulations adopted by the
governing body, the seller or transferor, whether executing the
agreement in the seller or transferor's own right, or as
executor, administrator, assignee, trustee, or otherwise by
authority of law, must disclose in writing to the buyer or
transferee the existence of airport zoning regulations that
affect the real property.
new text end