SF 2057

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to airports; authorizing local units of government to create airport
authorities; authorizing a property tax levy; defining terms; amending Minnesota
Statutes 2006, section 360.031; proposing coding for new law in Minnesota
Statutes, chapter 360.

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

Section 1.

Minnesota Statutes 2006, section 360.031, is amended to read:

360.031 DEFINITION OF MUNICIPALITY.

For the purposes of sections 360.031 to 360.045, deleted text begin inclusive deleted text end (except section 360.042),
deleted text begin only, deleted text end "municipality" means any county, city, deleted text begin or deleted text end town new text begin , or airport authority new text end of this state.

Sec. 2.

new text begin [360.0425] GENERAL POWERS OF AUTHORITY.
new text end

new text begin An airport authority created under section 360.0426 has all of the powers granted a
municipality under sections 360.032 to 360.046.
new text end

Sec. 3.

new text begin [360.0426] CREATION OF AN AIRPORT AUTHORITY, DISSOLUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Members; definition. new text end

new text begin A city together with another city, county,
town, or an Indian tribe may create an airport authority. For purposes of this chapter,
"airport authority" means a governmental entity created pursuant to this section for the
purpose of acquiring, establishing, constructing, maintaining, improving, and operating
airports and other air navigation facilities.
new text end

new text begin Subd. 2. new text end

new text begin Process to establish authority. new text end

new text begin A city that owns an airport by joint
resolution together with other willing governmental units may create an airport authority
that is authorized to exercise its functions upon passage of a joint resolution by each of
their governing bodies, including a proposed date for the first meeting of the authority.
new text end

new text begin Subd. 3. new text end

new text begin Airport authority commission. new text end

new text begin The powers of the airport authority shall
be vested in the airport authority commissioners. The commission shall consist of at
least five commissioners. Each governmental unit that is a member of the authority shall
be represented by at least one commissioner. If fewer than five governmental units are
members of the authority, there must be two commissioners appointed from each member
unit of government. The terms of each commissioner are three years, provided that the
length of the initial appointments must be staggered so that the terms of approximately
one-third of the commissioners expire each calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Appointment of commissioners. new text end

new text begin The governmental body of each member
governmental unit shall appoint a resident of that governmental unit to be a commissioner
of the airport authority. Upon vacancy of a commissioner prior to the end of a normal term,
the appropriate governmental body shall appoint a commissioner to fill the unexpired term.
new text end

new text begin Subd. 5. new text end

new text begin Compensation; meetings; officers. new text end

new text begin Commissioners shall receive no
compensation for services, but are entitled to payment for necessary expenses, including
travel expenses, incurred in the discharge of the commissioners' duties.
new text end

new text begin The commission shall establish a regular meeting schedule. A majority of the
commissioners of the authority constitutes a quorum for purposes of conducting business
of the authority. Action may be taken by the majority vote of not less than a majority of
the commissioners present, providing there is a quorum.
new text end

new text begin The commission shall elect a chair, a vice-chair, a secretary, and a treasurer at its
organizational meeting. The authority may hire an executive director, a legal advisor,
technical experts, and other employees, permanent and temporary, as it may require.
new text end

new text begin Subd. 6. new text end

new text begin Process to increase size of authority. new text end

new text begin An airport authority may be
increased in size by adding additional governmental entities if each of the additional
entities and each of the governmental entities currently included in the existing authority
adopt a resolution agreeing to the size increase.
new text end

new text begin Subd. 7. new text end

new text begin Process to decrease size of authority. new text end

new text begin An airport authority may be
decreased in size if each of the governmental entities that are members of the authority
and the current commissioners consent to change and make provisions for the retention
or disposition of its assets and liabilities.
new text end

new text begin Subd. 8. new text end

new text begin Process to dissolve authority. new text end

new text begin An airport authority may be dissolved after
payment of all debts and adoption of a joint resolution of the governing bodies of all of
the participating units of government. Before dissolution, the property of the airport
authority must be sold, transferred, or distributed as agreed to by the participating units
of government. Any remaining funds must be distributed to the general funds of the
participating units of government in proportion to their relative shares of the most recent
levy under section 360.0427.
new text end

Sec. 4.

new text begin [360.0427] TAX LEVY MAY BE CERTIFIED BY AN AIRPORT
AUTHORITY.
new text end

new text begin An airport authority may certify annually to the county assessor, or assessors, an
amount of tax to be levied against all taxable real properties within the boundaries of
the airport authority. The resulting tax rate shall be uniform across all governmental
jurisdictions within the boundaries of the airport authority.
new text end