SF 1940

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to metropolitan government; modifying definitions; modifying eligibility
requirements for assistance from state airports funds; providing a residency
requirement and for terms of office for members of the Metropolitan Council
and the Metropolitan Airports Commission; creating a nominating committee;
requiring disclosure of airport zoning regulations; modifying a reporting
requirement; amending Minnesota Statutes 2004, sections 360.013, subdivision
39; 360.017, subdivision 1; 360.065, by adding a subdivision; 473.604,
subdivision 1; 473.621, subdivision 1b.

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, excluding safety zones associated with an airport owned or operated by the
Metropolitan Airports Commission, 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

Sec. 4.

Minnesota Statutes 2004, section 473.604, subdivision 1, is amended to read:

Subdivision 1.

Composition.

The commission consists of:

(1) the mayor of each of the cities, or a qualified voter appointed by the mayor,
for the term of office as mayor;

(2) eight members, appointed by the governor new text begin , one new text end from each of the following
agency districts:

(i) district A, consisting of council districts 1 and 2;

(ii) district B, consisting of council districts 3 and 4;

(iii) district C, consisting of council districts 5 and 6;

(iv) district D, consisting of council districts 7 and 8;

(v) district E, consisting of council districts 9 and 10;

(vi) district F, consisting of council districts 11 and 12;

(vii) district G, consisting of council districts 13 and 14; and

(viii) district H, consisting of council districts 15 and 16.

Each member shall be a resident of the district represented. new text begin For appointments after the date
of final enactment of this act, a member must have resided in the district for at least six
months and in the state for at least one year immediately preceding the appointment. The
terms of the members from districts A, B, F, and H expire on January 1, 2007. The terms
of the members from districts C, D, E, and G expire on January 5, 2009. The successors of
each member must be appointed to four-year terms. new text end Before making an appointment, the
governor shall consult with each member of the legislature from the district for which the
member is to be appointed, to solicit the legislator's recommendation on the appointment;

(3) four members appointed by the governor from outside of the metropolitan area to
reflect fairly the various regions and interests throughout the state that are affected by the
operation of the commission's major airport and airport system. Two of these members
must be residents of statutory or home rule charter cities, towns, or counties containing an
airport designated by the commissioner of transportation as a key airport. The other two
must be residents of statutory or home rule charter cities, towns, or counties containing
an airport designated by the commissioner of transportation as an intermediate airport.
The members must be appointed by the governor as follows: one for a term of one year,
one for a term of two years, one for a term of three years, and one for a term of four
years. All of the terms start on July 1, 1989. The successors of each member must be
appointed to four-year terms commencing on the first Monday in January of each fourth
year after the expiration of the original term. Before making an appointment, the governor
shall consult each member of the legislature representing the municipality or county
from which the member is to be appointed, to solicit the legislator's recommendation
on the appointment; and

(4) a chair appointed by the governor for a term of four years. The chair may be
removed at the pleasure of the governor.

Sec. 5.

Minnesota Statutes 2004, section 473.621, subdivision 1b, is amended to read:

Subd. 1b.

Annual report to legislature.

The corporation shall report to the
legislature by deleted text begin February 15 deleted text end new text begin March 30 new text end of each year concerning operations at Minneapolis-St.
Paul International Airport new text begin and each reliever airport new text end . new text begin Regarding Minneapolis-St. Paul
International Airport, new text end the report must include the number of aircraft operations and
passenger enplanements at the airport in the preceding year, current airport capacity in
terms of operations and passenger enplanements, average length of delay statistics, and
technological developments affecting aviation and their effect on operations and capacity
at the airport. deleted text begin The report must include information in all the foregoing categories as it
relates to operations at Wayne County Metropolitan Airport in Detroit. The report must
compare the number of passenger enplanements and the number of aircraft operations with
the 1993 Metropolitan Airports Commission baseline forecasts of total passengers and
total aircraft operations. deleted text end new text begin The report must include the aircraft operations, based aircraft,
and status of major development programs at each reliever airport.
new text end