as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to airports; making the metropolitan airports 1.3 commission a division of the department of 1.4 transportation; transferring certain authority to 1.5 issue bonds and other indebtedness from the 1.6 metropolitan airports commission to the commissioner 1.7 of finance; transferring right of eminent domain from 1.8 the metropolitan airports commission to the 1.9 commissioner of transportation; making technical and 1.10 clarifying changes; amending Minnesota Statutes 2000, 1.11 sections 10A.01, subdivision 35; 360.018, subdivision 1.12 9; 360.063, subdivisions 1, 7; 360.511, subdivision 1.13 10; 473.121, subdivision 5a; 473.601, subdivisions 2, 1.14 4, 5; 473.605, subdivision 1; 473.606, subdivisions 1, 1.15 2; 473.608, subdivisions 1, 12, 12a; 473.621, 1.16 subdivision 5; 473.625; 473.627; 473.651; 473.667, 1.17 subdivision 9; Minnesota Statutes 2001 Supplement, 1.18 sections 174.02, subdivision 5; 275.065, subdivision 1.19 3; 275.066; proposing coding for new law in Minnesota 1.20 Statutes, chapter 473; repealing Minnesota Statutes 1.21 2000, sections 473.6021; 473.603; 473.606, subdivision 1.22 3; 473.608, subdivision 13; 473.621, subdivision 1a; 1.23 473.652; 473.661; 473.662; 473.668; 473.671; 473.672; 1.24 473.679. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 ARTICLE 1 1.27 TRANSFER OF METROPOLITAN AIRPORTS COMMISSION 1.28 Section 1. Minnesota Statutes 2000, section 473.601, 1.29 subdivision 2, is amended to read: 1.30 Subd. 2. [COMMISSION
AND CORPORATION.] "Commission" and1.31 "corporation" eachmeans a metropolitan airports commission, 1.32 organized and existing under the provisions of sections 473.601 1.33 to 473.679473.680. 1.34 Sec. 2. Minnesota Statutes 2000, section 473.601, 1.35 subdivision 4, is amended to read: 2.1 Subd. 4. [ COMMISSIONERCOMMISSION 2.2 MEMBER.] "Commissioner""Commission member" means a person 2.3 appointed or otherwise selected as, and, after qualification, 2.4 acting as, a member of the corporationcommission. 2.5 Sec. 3. Minnesota Statutes 2000, section 473.601, 2.6 subdivision 5, is amended to read: 2.7 Subd. 5. [THE COMMISSIONERSCOMMISSION MEMBERS.] 2.8 "The commissionerscommission members" means a quorum of the 2.9 members of the corporationcommission, acting as the governing 2.10 body of the corporationcommission. 2.11 Sec. 4. [473.6031] [METROPOLITAN AIRPORTS COMMISSION AS 2.12 DIVISION OF DEPARTMENT OF TRANSPORTATION.] 2.13 Subdivision 1. [MADE STATE AGENCY.] The metropolitan 2.14 airports commission is made a division of the department of 2.15 transportation effective July 1, 2003. 2.16 Subd. 2. [PROPERTY TAX AUTHORITY.] Notwithstanding any 2.17 other law, all authority of the metropolitan airports commission 2.18 to levy a property tax expires on July 1, 2003. 2.19 Subd. 3. [EXPENDITURE OF FUNDS.] The commission may not 2.20 expend any funds on and after July 1, 2003, other than funds 2.21 appropriated by law to the commission. 2.22 Subd. 4. [PERSONNEL.] The commission shall cooperate with 2.23 the commissioner of employee relations to resolve employee 2.24 relations issues related to its conversion to a division of the 2.25 department of transportation. No employment rights are impaired 2.26 on account of the conversion. Employees remain in the Minnesota 2.27 state retirement system. Existing public employment collective 2.28 bargaining contracts continue in effect according to their 2.29 terms. The commissioner of the bureau of mediation services and 2.30 the commissioner of employee relations shall cooperate to 2.31 recommend changes, if any, in the contract schedules and periods. 2.32 Subd. 5. [APPLICATION OF OTHER LAW.] To the extent 2.33 possible, chapters 15, 16A, 16B, 16C, and 43A are applicable to 2.34 the commission as a division of the department of transportation. 2.35 Subd. 6. [PROPERTY.] All property belonging to the 2.36 metropolitan airports commission on July 1, 2003, becomes 3.1 property of the state on that date. 3.2 Subd. 7. [ACQUISITION OF PROPERTY.] All authority of the 3.3 commission to acquire property, or easements on property, under 3.4 sections 473.601 to 473.680, and all power of eminent domain 3.5 granted to the metropolitan airports commission under those 3.6 sections, is transferred to the commissioner of transportation 3.7 on July 1, 2003, except that the commissioner may exercise these 3.8 powers only on request of the commission. 3.9 Subd. 8. [CONTRACTS.] Any contract of the metropolitan 3.10 airports commission in effect on July 1, 2003, becomes a 3.11 contract of the state on that date and the state is bound by the 3.12 terms of the contract to the same extent as was the commission 3.13 at the time the contract was entered into. 3.14 Subd. 9. [BONDS.] Bonds and other debt issued under 3.15 sections 473.608, subdivisions 12 and 12a; 473.665; 473.667; and 3.16 473.6671 that are outstanding on the effective date of this 3.17 article must be paid and retired by the commissioner of finance 3.18 according to those sections and the terms of the bonds or other 3.19 debt instruments. 3.20 Subd. 10. [BONDING AUTHORITY.] The authority to issue 3.21 bonds and other debt granted to the commission under sections 3.22 473.608, subdivisions 12 and 12a; 473.665; 473.667; and 473.6671 3.23 is transferred to the commissioner of finance, except that the 3.24 commissioner of finance may not issue bonds or other debt under 3.25 those sections except on request of the commission. All 3.26 proceeds from the issuance of bonds and other debt under this 3.27 subdivision must be deposited in the metropolitan airports fund. 3.28 Sec. 5. [473.6032] [METROPOLITAN AIRPORTS FUND.] 3.29 Subdivision 1. [FUND CREATED.] A metropolitan airports 3.30 fund is created in the state treasury. The fund consists of all 3.31 money received by the commission from any source, federal funds 3.32 received by the commissioner of transportation for the purposes 3.33 of sections 473.601 to 473.680, proceeds from the sale of bonds 3.34 and other indebtedness under section 473.608, subdivisions 12 3.35 and 12a, and other money credited to the fund by law. 3.36 Subd. 2. [PAYMENTS TO COMMISSIONER.] The commission shall 4.1 pay all revenues received by it from any source, other than 4.2 revenues required by law to be deposited or credited elsewhere, 4.3 to the commissioner of finance for deposit in the metropolitan 4.4 airports fund. 4.5 Subd. 3. [APPROPRIATIONS FROM FUND.] (a) All money 4.6 required to pay and retire debt under section 473.6031, 4.7 subdivision 9, and all money required to pay principal and 4.8 interest on bonds and other debt issued by the commissioner of 4.9 finance under section 473.6031, subdivision 10, is appropriated 4.10 from the metropolitan airports fund to the commissioner of 4.11 finance for those purposes. 4.12 (b) All other money in the metropolitan airports fund not 4.13 required for the purposes of paragraph (a) may be appropriated 4.14 by law to the metropolitan airports commission to pay the 4.15 necessary incidental expenses of carrying on the business and 4.16 activities of the commission, and to pay the cost of operating, 4.17 maintaining, repairing, extending, and improving the properties 4.18 under the control of the commission. 4.19 Sec. 6. Minnesota Statutes 2000, section 473.605, 4.20 subdivision 1, is amended to read: 4.21 Subdivision 1. [ALSO RULES, MEETINGS.] The commissioners 4.22 shall adopt a corporate seal and shalladopt bylaws for the 4.23 regulation of the affairs of the corporationcommission and 4.24 rules of procedure governing their actions, not inconsistent 4.25 with law. The bylaws shallmust provide for regular meetings of 4.26 the corporationcommission to be held at least once in each 4.27 month and for special meetings. 4.28 Sec. 7. Minnesota Statutes 2000, section 473.606, 4.29 subdivision 1, is amended to read: 4.30 Subdivision 1. [AT PLEASURE; COMPENSATION.] The 4.31 corporation shall elect from its membership a vice-chair and 4.32 shall elect a secretary and a treasurer, who may or may not be 4.33 one of the commissioners. The vice-chair , theand secretary ,4.34 and the treasurershall hold office at the pleasure of the 4.35 corporation , and. The secretary and the treasurer, if not a 4.36 commissionercommission member, shall receive compensation as 5.1 determined by the corporationcommission. 5.2 Sec. 8. Minnesota Statutes 2000, section 473.608, 5.3 subdivision 1, is amended to read: 5.4 Subdivision 1. [GENERAL CORPORATE POWERS, WHERE 5.5 EXERCISED.] The corporationcommission, subject to the 5.6 conditions and limitations prescribed by law, shall possess5.7 possesses all the powers as a body corporatenecessary and 5.8 convenient to accomplish the objects and perform the duties 5.9 prescribed by sections 473.601 to 473.679473.680, including but 5.10 not limited to those hereinafterspecified in this section. 5.11 These powers, except as limited by section 473.622, may be 5.12 exercised at any place within 35 miles of the city hall of 5.13 either Minneapolis or St. Paul, and in the metropolitan area, 5.14 and in the city of Duluth for the purpose of owning, leasing, 5.15 constructing, equipping, operating, borrowing money from the 5.16 state for, or otherwise arranging for financing the facility 5.17 described in section 116R.02, subdivision 5. 5.18 Sec. 9. Minnesota Statutes 2000, section 473.608, 5.19 subdivision 12, is amended to read: 5.20 Subd. 12. [BONDS, OTHER DEBT.] ItThe commissioner of 5.21 finance, on recommendation of the commission, may borrow money 5.22 and issue bonds for the purposes of acquiring property, the 5.23 acquisition of which is herein authorized, constructing and 5.24 equipping new airports, acquiring existing airports, equipping 5.25 them, and making additions thereto or improvements thereon, and5.26 making capital improvements to any airport constructed or 5.27 acquired by the corporation, or for the purpose ofmaking 5.28 payments on principal or interest of bonds heretofore issued by 5.29 either of the cities or any board of park commissioners of 5.30 either thereof to secure funds for the acquisition, 5.31 establishment, construction, enlargement, or improvement of any 5.32 airport taken over by the corporation pursuant to the provisions5.33 ofsection 473.621, payment of which has been assumed by the 5.34 corporation, in the manner and within the limitations herein 5.35 specified, and pledge any and all property and income of the5.36 corporation acquired or received as herein providedthe full 6.1 faith and credit of the state to secure the payment of such 6.2 bonds, subject to the conditions and limitations herein 6.3 prescribed, and redeem any such bonds if so provided therein or 6.4 in the mortgage or deed of trust accompanying them, and may 6.5 assume the payment of existing bonded indebtedness as 6.6 specifically provided in sections 473.601 to 473.679473.680. 6.7 Sec. 10. Minnesota Statutes 2000, section 473.608, 6.8 subdivision 12a, is amended to read: 6.9 Subd. 12a. [REVENUE BONDS.] (a) The commissioner of 6.10 finance, on recommendation of the commission, may issue general 6.11 airport revenue bonds, special facilities bonds, and passenger 6.12 facility charge bonds to fund: 6.13 (1) airports and air navigation facilities; 6.14 (2) other capital improvements at airports managed by the 6.15 commission; 6.16 (3) noise abatement and natural resource protection 6.17 measures, regardless of location and ownership; 6.18 (4) transportation and parking improvements related to 6.19 airports managed by the commission, regardless of location; and 6.20 (5) the refund of any outstanding obligations of the 6.21 commission. 6.22 (b) The commissioncommissioner may secure the bonds with 6.23 available revenue in accordance with generally accepted public 6.24 financial practices under a resolution of the commission or6.25 trust indenture for the bonds. The bonds may not be secured by 6.26 the full faith and credit of the commissionstate or a pledge of 6.27 the taxing authority of the commission or ofany city in or for 6.28 which the commission has been created. 6.29 (b) The commission shall notify the commissioner of6.30 finance, the chair of the taxes committee of the house of6.31 representatives, and the chair of the taxes and tax laws6.32 committee of the senate of any proposal to issue bonds under6.33 this subdivision and provide them an opportunity to review the6.34 proposal.6.35 (c) The commission mayshall, on request of the 6.36 commissioner of finance, obligate itself to establish, revise, 7.1 and collect rates, fees, charges, and rentals for all airport 7.2 and air navigation facilities used by or made available to any 7.3 person, firm, association, or corporation to produce revenues 7.4 sufficient: 7.5 (1) to pay principal and interest on all obligations issued 7.6 for the benefit of the commission; 7.7 (2) to fund reserves for the bonds; 7.8 (3) to pay other commission expenses in accordance with law. 7.9 (d) (1)Any pledge of revenues under this section is 7.10 subordinate to the pledge of current revenues to cancel taxes 7.11 levied for general obligation revenue bonds issued under section 7.12 473.665. 7.13 (2)(e) Subject to clause (1)paragraph (d), if the bonds 7.14 meet the conditions of section 473.667, subdivision 7, 7.15 the commissioner of finance, on recommendation of the commission 7.16 , may pledge revenues to the revenue bonds issued under this 7.17 subdivision on a parity with the pledge of revenues to general 7.18 obligation revenue bonds issued under section 473.667. The 7.19 pledge of revenues to revenue bonds issued under this 7.20 subdivision may be prior to the obligation under section 7.21 473.667, subdivision 6, to repay any deficiency taxes levied for 7.22 general obligation revenue bonds. 7.23 (3)(f) The commissioner of finance, on recommendation of 7.24 the commission, may pledge revenues of any discrete facility or 7.25 portions of the airport and air navigation facilities of the 7.26 commission to the bonds. The commissioner of finance, on 7.27 recommendation of the commission, may establish reserves from 7.28 any available funds or the proceeds of the bonds and may make 7.29 other covenants as it deems necessary to protect the holders of 7.30 the bonds. Passenger facility charge bonds may pledge receipts 7.31 from passenger facility charges separately or together with a 7.32 pledge of other revenues. 7.33 (e) The commission may use any powers under chapter 475,7.34 except the power to issue general obligation bonds.7.35 Sec. 11. Minnesota Statutes 2000, section 473.625, is 7.36 amended to read: 8.1 473.625 [DETACHING MAJORINTERMEDIATE AIRPORT LAND FROM 8.2 CITY, SCHOOL DISTRICT.] 8.3 (a)Subdivision 1. [DETACHMENT.] Lands constituting any 8.4 major airport or a part thereof now and which may hereafter be 8.5 operated by any public corporation organized under sections8.6 473.601 to 473.679the commission, and embraced within any city 8.7 or school district organized under the laws of the state, are 8.8 hereby detached from suchthat city or school district. 8.9 (b)(i)Subd. 2. [INTERMEDIATE AIRPORT PROPERTY 8.10 TAXATION.] (a) Except as provided in clause (ii)paragraph (b), 8.11 real and personal property, including real and personal property 8.12 otherwise taxable under section 272.01, constituting all or part 8.13 of an intermediate airport operated by a public corporation8.14 organized under sections 473.601 to 473.679the commission and 8.15 embraced within a home rule charter or statutory city or school 8.16 district is exempt from taxation by the city or school district. 8.17 (ii)(b) The county assessor of the county where the 8.18 property under this paragraphsubdivision is located shall 8.19 determine the total market value for all property at that site 8.20 for assessment year 2001, compare it to the market value of the 8.21 property existing on that site for the 1996 assessment, and 8.22 report those market values to the commission. If the total 8.23 market value has not increased by at least 20 percent, the 8.24 property tax exemption under clause (i) shall expireparagraph 8.25 (a) expires and the property shall beis taxable beginning in 8.26 assessment year 2001 and thereafter, for taxes payable in 2002 8.27 and thereafter. The provisions of section 473.629 apply to 8.28 lands exempted from property tax under this paragraph8.29 subdivision. 8.30 (c)Subd. 3. [DEFINITION OF INTERMEDIATE AIRPORT.] For the 8.31 purposes of this section, an intermediate airport is an airport 8.32 that as of March 14, 1996, is a primary reliever airport, 8.33 provides general aviation services, has a primary runway between 8.34 5,001 and 8,000 feet in length, and has precision instrument 8.35 capability. 8.36 Sec. 12. Minnesota Statutes 2000, section 473.627, is 9.1 amended to read: 9.2 473.627 [TAX FOR POLICE, FIRE, STREETS, PARKING.] 9.3 The saidcommission shall, on or before October 10 of each 9.4 calendar year, certify to the county auditor of saida county 9.5 described in section 473.626, the amount determined by the 9.6 commission to be raised on taxable properties within such9.7 territorythat area described in section 473.625 to provide 9.8 funds for policing and fire protection at and within saidthat 9.9 airport, and for the construction, maintenance, and repair of 9.10 streets and motor vehicle parking areas within suchthe airport 9.11 and. The auditor shall extend, spread, and include the same9.12 that amount with and as a part of the general taxes for state 9.13 and county purposes, to be collected and enforced therewith, 9.14 together with penalties and interest and costs, and the county 9.15 treasurer upon collection of the samethose sums, shall transfer 9.16 the samethem to the treasurer of said public9.17 corporationcommissioner of finance for deposit in the 9.18 metropolitan airports fund. 9.19 Sec. 13. Minnesota Statutes 2000, section 473.651, is 9.20 amended to read: 9.21 473.651 [RENTALS FIXED.] 9.22 The corporation shall have the authority toSubject to 9.23 section 473.608, subdivision 12a, paragraph (a), the commission 9.24 may determine the charges for the use of any of the property 9.25 under its management and control, and the terms and conditions 9.26 under which suchthe property may be used. Where there isWhen 9.27 a reasonable basis exists for the classification of users as to 9.28 any use, the corporationcommission may classify users, but 9.29 charges as to each class shallmust be reasonable and uniform 9.30 for suchthe use, and established with due regard to the value 9.31 of the property and improvements used and the expense of 9.32 operation to the corporationcommission. The corporation9.33 commission shall have and may enforce liens as provided for in 9.34 sections 514.18 to 514.22, to enforce the payment of any such 9.35 charges. 9.36 Sec. 14. [INSTRUCTIONS TO REVISOR.] 10.1 (a) The revisor of statutes shall change "commissioner" to 10.2 "commission member" in Minnesota Statutes, sections 473.604; 10.3 473.605, subdivision 3; and 473.606, subdivision 6. 10.4 (b) The revisor of statutes shall change "corporation" to 10.5 "commission" in Minnesota Statutes, sections 473.602; 473.606, 10.6 subdivisions 4, 5, 6, and 7; 473.608; 473.621, subdivisions 1b, 10.7 2, 3, 4, and 5; 473.622; 473.631; 473.652; 473.655; and 473.665. 10.8 (c) In each section of Minnesota Statutes referred to in 10.9 column A, the revisor of statutes shall delete the reference in 10.10 column B and insert the reference in column C. 10.11 Column A Column B Column C 10.12 12.03, subd. 9 473.679 473.680 10.13 12.25, subd. 1 473.679 473.680 10.14 47.51 473.679 473.680 10.15 169.99, subd. 3 473.679 473.680 10.16 360.018, subd. 7 473.679 473.680 10.17 400.08, subd. 3 473.603 473.6031 10.18 473.121, subd. 32 473.679 473.680 10.19 473.601, subd. 1 473.679 473.680 10.20 473.602 473.679 473.680 10.21 473.608 473.679 473.680 10.22 473.666 473.679 473.680 10.23 473.675, subd. 2 473.679 473.680 10.24 (d) The revisor shall make changes in headnotes, and such 10.25 other stylistic changes as the revisor deems necessary, to 10.26 effectuate this section. 10.27 Sec. 15. [REPEALER.] 10.28 Minnesota Statutes 2000, sections 473.6021; 473.603; 10.29 473.606, subdivision 3; 473.608, subdivision 13; 473.621, 10.30 subdivision 1a; 473.652; 473.661; 473.662; 473.668; 473.671; 10.31 473.672; and 473.679, are repealed. 10.32 Sec. 16. [EFFECTIVE DATE.] 10.33 Sections 1 to 15 are effective July 1, 2003. 10.34 ARTICLE 2 10.35 CONFORMING AMENDMENTS 10.36 Section 1. Minnesota Statutes 2000, section 10A.01, 11.1 subdivision 35, is amended to read: 11.2 Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any: 11.3 (1) member of the legislature; 11.4 (2) individual employed by the legislature as secretary of 11.5 the senate, legislative auditor, chief clerk of the house, 11.6 revisor of statutes, or researcher, legislative analyst, or 11.7 attorney in the office of senate counsel and research or house 11.8 research; 11.9 (3) constitutional officer in the executive branch and the 11.10 officer's chief administrative deputy; 11.11 (4) solicitor general or deputy, assistant, or special 11.12 assistant attorney general; 11.13 (5) commissioner, deputy commissioner, or assistant 11.14 commissioner of any state department or agency as listed in 11.15 section 15.01 or 15.06; 11.16 (6) member, chief administrative officer, or deputy chief 11.17 administrative officer of a state board or commission that has 11.18 either the power to adopt, amend, or repeal rules, or the power 11.19 to adjudicate contested cases or appeals; 11.20 (7) individual employed in the executive branch who is 11.21 authorized to adopt, amend, or repeal rules or adjudicate 11.22 contested cases; 11.23 (8) executive director of the state board of investment; 11.24 (9) deputy of any official listed in clauses (7) and (8); 11.25 (10) judge of the workers' compensation court of appeals; 11.26 (11) administrative law judge or compensation judge in the 11.27 state office of administrative hearings or referee in the 11.28 department of economic security; 11.29 (12) member, regional administrator, division director, 11.30 general counsel, or operations manager of the metropolitan 11.31 council; 11.32 (13) member or chief administrator of a metropolitan agency 11.33 or the metropolitan airports commission; 11.34 (14) director of the division of alcohol and gambling 11.35 enforcement in the department of public safety; 11.36 (15) member or executive director of the higher education 12.1 facilities authority; 12.2 (16) member of the board of directors or president of 12.3 Minnesota Technology, Inc.; or 12.4 (17) member of the board of directors or executive director 12.5 of the Minnesota state high school league. 12.6 Sec. 2. Minnesota Statutes 2001 Supplement, section 12.7 174.02, subdivision 5, is amended to read: 12.8 Subd. 5. [COOPERATION.] To facilitate the development of a 12.9 unified and coordinated intrastate and interstate transportation 12.10 system: 12.11 (1) the commissioner shall maintain close liaison, 12.12 coordination, and cooperation with the private sectors of 12.13 transportation, the upper great lakes seaway development 12.14 commission corporation, and any multistate organization involved 12.15 in transportation issues affecting the state; 12.16 (2) the commissioner shall participate in the planning, 12.17 regulation, and development of the port authorities of the 12.18 state; 12.19 (3) the commissioner or the commissioner's designee is a12.20 nonvoting member of the metropolitan airports commission, as12.21 organized and established under sections 473.601 to 473.679;12.22 (4)the commissioner shall cooperate with all federal 12.23 agencies for the purpose of harmonizing state rules and federal 12.24 regulations within the state to the extent and in the manner 12.25 deemed advisable; 12.26 (5)(4) the commissioner may conduct joint hearings with 12.27 any federal agency within or outside the state and, to the 12.28 extent allowed under federal law or regulation, may approve and 12.29 establish freight rates and charges that depart from the 12.30 distance principle required by any state law; and 12.31 (6)(5) the commissioner may nominate members to any joint 12.32 board as provided by federal acts. 12.33 Sec. 3. Minnesota Statutes 2001 Supplement, section 12.34 275.065, subdivision 3, is amended to read: 12.35 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 12.36 county auditor shall prepare and the county treasurer shall 13.1 deliver after November 10 and on or before November 24 each 13.2 year, by first class mail to each taxpayer at the address listed 13.3 on the county's current year's assessment roll, a notice of 13.4 proposed property taxes. 13.5 (b) The commissioner of revenue shall prescribe the form of 13.6 the notice. 13.7 (c) The notice must inform taxpayers that it contains the 13.8 amount of property taxes each taxing authority proposes to 13.9 collect for taxes payable the following year. In the case of a 13.10 town, or in the case of the state determined portion of the 13.11 school district levy, the final tax amount will be its proposed 13.12 tax. In the case of taxing authorities required to hold a 13.13 public meeting under subdivision 6, the notice must clearly 13.14 state that each taxing authority, including regional library 13.15 districts established under section 134.201, and including the 13.16 metropolitan taxing districts as defined in paragraph (i), but 13.17 excluding all other special taxing districts and towns, will 13.18 hold a public meeting to receive public testimony on the 13.19 proposed budget and proposed or final property tax levy, or, in 13.20 case of a school district, on the current budget and proposed 13.21 property tax levy. It must clearly state the time and place of 13.22 each taxing authority's meeting, a telephone number for the 13.23 taxing authority that taxpayers may call if they have questions 13.24 related to the notice, and an address where comments will be 13.25 received by mail. 13.26 (d) The notice must state for each parcel: 13.27 (1) the market value of the property as determined under 13.28 section 273.11, and used for computing property taxes payable in 13.29 the following year and for taxes payable in the current year as 13.30 each appears in the records of the county assessor on November 1 13.31 of the current year; and, in the case of residential property, 13.32 whether the property is classified as homestead or 13.33 nonhomestead. The notice must clearly inform taxpayers of the 13.34 years to which the market values apply and that the values are 13.35 final values; 13.36 (2) the items listed below, shown separately by county, 14.1 city or town, state determined school tax net of the education 14.2 homestead credit under section 273.1382, voter approved school 14.3 levy, other local school levy, and the sum of the special taxing 14.4 districts, and as a total of all taxing authorities: 14.5 (i) the actual tax for taxes payable in the current year; 14.6 (ii) the tax change due to spending factors, defined as the 14.7 proposed tax minus the constant spending tax amount; 14.8 (iii) the tax change due to other factors, defined as the 14.9 constant spending tax amount minus the actual current year tax; 14.10 and 14.11 (iv) the proposed tax amount. 14.12 In the case of a town or the state determined school tax, 14.13 the final tax shall also be its proposed tax unless the town 14.14 changes its levy at a special town meeting under section 14.15 365.52. If a school district has certified under section 14.16 126C.17, subdivision 9, that a referendum will be held in the 14.17 school district at the November general election, the county 14.18 auditor must note next to the school district's proposed amount 14.19 that a referendum is pending and that, if approved by the 14.20 voters, the tax amount may be higher than shown on the notice. 14.21 In the case of the city of Minneapolis, the levy for the 14.22 Minneapolis library board and the levy for Minneapolis park and 14.23 recreation shall be listed separately from the remaining amount 14.24 of the city's levy. In the case of a parcel where tax increment 14.25 or the fiscal disparities areawide tax under chapter 276A or 14.26 473F applies, the proposed tax levy on the captured value or the 14.27 proposed tax levy on the tax capacity subject to the areawide 14.28 tax must each be stated separately and not included in the sum 14.29 of the special taxing districts; and 14.30 (3) the increase or decrease between the total taxes 14.31 payable in the current year and the total proposed taxes, 14.32 expressed as a percentage. 14.33 For purposes of this section, the amount of the tax on 14.34 homesteads qualifying under the senior citizens' property tax 14.35 deferral program under chapter 290B is the total amount of 14.36 property tax before subtraction of the deferred property tax 15.1 amount. 15.2 (e) The notice must clearly state that the proposed or 15.3 final taxes do not include the following: 15.4 (1) special assessments; 15.5 (2) levies approved by the voters after the date the 15.6 proposed taxes are certified, including bond referenda, school 15.7 district levy referenda, and levy limit increase referenda; 15.8 (3) amounts necessary to pay cleanup or other costs due to 15.9 a natural disaster occurring after the date the proposed taxes 15.10 are certified; 15.11 (4) amounts necessary to pay tort judgments against the 15.12 taxing authority that become final after the date the proposed 15.13 taxes are certified; and 15.14 (5) the contamination tax imposed on properties which 15.15 received market value reductions for contamination. 15.16 (f) Except as provided in subdivision 7, failure of the 15.17 county auditor to prepare or the county treasurer to deliver the 15.18 notice as required in this section does not invalidate the 15.19 proposed or final tax levy or the taxes payable pursuant to the 15.20 tax levy. 15.21 (g) If the notice the taxpayer receives under this section 15.22 lists the property as nonhomestead, and satisfactory 15.23 documentation is provided to the county assessor by the 15.24 applicable deadline, and the property qualifies for the 15.25 homestead classification in that assessment year, the assessor 15.26 shall reclassify the property to homestead for taxes payable in 15.27 the following year. 15.28 (h) In the case of class 4 residential property used as a 15.29 residence for lease or rental periods of 30 days or more, the 15.30 taxpayer must either: 15.31 (1) mail or deliver a copy of the notice of proposed 15.32 property taxes to each tenant, renter, or lessee; or 15.33 (2) post a copy of the notice in a conspicuous place on the 15.34 premises of the property. 15.35 The notice must be mailed or posted by the taxpayer by 15.36 November 27 or within three days of receipt of the notice, 16.1 whichever is later. A taxpayer may notify the county treasurer 16.2 of the address of the taxpayer, agent, caretaker, or manager of 16.3 the premises to which the notice must be mailed in order to 16.4 fulfill the requirements of this paragraph. 16.5 (i) For purposes of this subdivision, subdivisions 5a and 16.6 6, "metropolitan special taxing districts" means the following 16.7 taxing districts in the seven-county metropolitan area that levy 16.8 a property tax for any of the specified purposes listed below: 16.9 (1) metropolitan council under section 473.132, 473.167, 16.10 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 16.11 (2) metropolitan airports commission under section 473.667 ,16.12 473.671, or 473.672; and 16.13 (3) metropolitan mosquito control commission under section 16.14 473.711. 16.15 For purposes of this section, any levies made by the 16.16 regional rail authorities in the county of Anoka, Carver, 16.17 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 16.18 398A shall be included with the appropriate county's levy and 16.19 shall be discussed at that county's public hearing. 16.20 (j) If a statutory or home rule charter city or a town has 16.21 exercised the local levy option provided by section 473.388, 16.22 subdivision 7, it may include in the notice of its proposed 16.23 taxes the amount of its proposed taxes attributable to its 16.24 exercise of the option. In the first year of the city or town's 16.25 exercise of this option, the statement shall include an estimate 16.26 of the reduction of the metropolitan council's tax on the parcel 16.27 due to exercise of that option. The metropolitan council's levy 16.28 shall be adjusted accordingly. 16.29 Sec. 4. Minnesota Statutes 2001 Supplement, section 16.30 275.066, is amended to read: 16.31 275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 16.32 For the purposes of property taxation and property tax 16.33 state aids, the term "special taxing districts" includes the 16.34 following entities: 16.35 (1) watershed districts under chapter 103D; 16.36 (2) sanitary districts under sections 115.18 to 115.37; 17.1 (3) regional sanitary sewer districts under sections 115.61 17.2 to 115.67; 17.3 (4) regional public library districts under section 17.4 134.201; 17.5 (5) park districts under chapter 398; 17.6 (6) regional railroad authorities under chapter 398A; 17.7 (7) hospital districts under sections 447.31 to 447.38; 17.8 (8) St. Cloud metropolitan transit commission under 17.9 sections 458A.01 to 458A.15; 17.10 (9) Duluth transit authority under sections 458A.21 to 17.11 458A.37; 17.12 (10) regional development commissions under sections 17.13 462.381 to 462.398; 17.14 (11) housing and redevelopment authorities under sections 17.15 469.001 to 469.047; 17.16 (12) port authorities under sections 469.048 to 469.068; 17.17 (13) economic development authorities under sections 17.18 469.090 to 469.1081; 17.19 (14) metropolitan council under sections 473.123 to 17.20 473.549; 17.21 (15) metropolitan airports commission under sections17.22 473.601 to 473.680;17.23 (16)metropolitan mosquito control commission under 17.24 sections 473.701 to 473.716; 17.25 (17)(16) Morrison county rural development financing 17.26 authority under Laws 1982, chapter 437, section 1; 17.27 (18)(17) Croft Historical Park District under Laws 1984, 17.28 chapter 502, article 13, section 6; 17.29 (19)(18) East Lake county medical clinic district under 17.30 Laws 1989, chapter 211, sections 1 to 6; 17.31 (20)(19) Floodwood area ambulance district under Laws 17.32 1993, chapter 375, article 5, section 39; 17.33 (21)(20) Middle Mississippi river watershed management 17.34 organization under sections 103B.211 and 103B.241; 17.35 (22)(21) emergency medical services special taxing 17.36 districts under section 144F.01; 18.1 (23)(22) a county levying under the authority of section 18.2 103B.241, 103B.245, or 103B.251; and 18.3 (24)(23) any other political subdivision of the state of 18.4 Minnesota, excluding counties, school districts, cities, and 18.5 towns, that has the power to adopt and certify a property tax 18.6 levy to the county auditor, as determined by the commissioner of 18.7 revenue. 18.8 Sec. 5. Minnesota Statutes 2000, section 360.018, 18.9 subdivision 9, is amended to read: 18.10 Subd. 9. [EXCEPTIONS; FEDERAL USE.] The provisions of 18.11 subdivisions 6, 7, and 8 shall not apply to any airport, 18.12 restricted landing area, or other air navigation facility owned 18.13 or operated by the federal government within this state, or by 18.14 any public corporation created in and for contiguous cities of18.15 the first class of this statethe metropolitan airports 18.16 commission. No airport, restricted landing area or other air 18.17 navigation facility shall be acquired or operated within 25 18.18 miles of the city hall of either of two contiguous cities of the 18.19 first class for which a public corporation is organized and18.20 existing under sections 473.601 to 473.679,without the consent 18.21 of such corporationthe metropolitan airports commission, as 18.22 provided in and limited by section 473.622. 18.23 Sec. 6. Minnesota Statutes 2000, section 360.063, 18.24 subdivision 1, is amended to read: 18.25 Subdivision 1. [ENFORCEMENT UNDER POLICE POWER.] (a) In 18.26 order to prevent the creation or establishment of airport 18.27 hazards, every municipality having an airport hazard area within 18.28 its territorial limits may, unless a joint airport zoning board 18.29 is permitted under subdivision 3, adopt, amend from time to 18.30 time, administer, and enforce, under the police power and in the 18.31 manner and upon the conditions hereinafter prescribed, airport 18.32 zoning regulations for such airport hazard area, which 18.33 regulations may divide such area into zones, and, within such 18.34 zones, specify the land uses permitted and regulate and restrict 18.35 the height to which structures and trees may be erected or 18.36 allowed to grow. 19.1 (b) For the purpose of promoting health, safety, order, 19.2 convenience, prosperity, general welfare and for conserving 19.3 property values and encouraging the most appropriate use of 19.4 land, the municipality may regulate the location, size and use 19.5 of buildings and the density of population in that portion of an 19.6 airport hazard area under approach zones for a distance not to 19.7 exceed two miles from the airport boundary and in other portions 19.8 of an airport hazard area may regulate by land use zoning for a 19.9 distance not to exceed one mile from the airport boundary, and 19.10 by height-restriction zoning for a distance not to exceed 1-1/2 19.11 miles from the airport boundary. 19.12 (c) The powers granted by this subdivision may be exercised 19.13 by the metropolitan airports commissions in contiguous cities of19.14 the first class in and for which they have been19.15 createdcommission. 19.16 (d) In the case of airports owned or operated by the state 19.17 of Minnesota, other than an airport under the control of the 19.18 metropolitan airports commission, such powers shall be exercised 19.19 by the state airport zoning boards or by the commissioner of 19.20 transportation as authorized herein. 19.21 Sec. 7. Minnesota Statutes 2000, section 360.063, 19.22 subdivision 7, is amended to read: 19.23 Subd. 7. [AIRPORT ZONING BOARD, EACH AIRPORT.] Where an 19.24 airport is owned or operated by the state of Minnesota, other 19.25 than an airport under the control of the metropolitan airports 19.26 commission, a state airport zoning board shall be created for 19.27 each airport, which board shall have the same power to adopt, 19.28 administer and enforce airport zoning rules applicable to the 19.29 airport hazard area of such airport as that vested by 19.30 subdivision 1 in the municipality. Each board shall consist of 19.31 the commissioner of transportation, or a member of staff 19.32 appointed by the commissioner, who shall be chair, one member 19.33 appointed by the county board who may be a member of the county 19.34 board, of each county in which an airport hazard area is located 19.35 and one member appointed by the governing body of each 19.36 municipality located within the area to be zoned. If the area 20.1 to be zoned is located entirely within one county and no 20.2 municipality is located within the area to be zoned, then the 20.3 duly designated members shall select a third member who shall be 20.4 a resident of the county. The members of such board shall serve 20.5 for a period of three years beginning January 1 following their 20.6 appointment and until their successors are appointed and 20.7 qualified. The zoning rules shall be adopted by an order of the 20.8 board signed by a majority of its members. Such order shall be 20.9 published once in a legal newspaper in the county in which the 20.10 airport is located and shall become effective ten days following 20.11 the date of its publication. A copy of such order shall be 20.12 filed in the office of the commissioner of transportation and 20.13 with the county recorder in each county in which a zoned area is 20.14 located. Any person appointed to serve on a state airport 20.15 zoning board shall be entitled to reimbursement for travel and 20.16 other necessary expenses incurred in performance of duties on 20.17 such board which shall be paid from the appropriations made to 20.18 the department of transportation. 20.19 Sec. 8. Minnesota Statutes 2000, section 360.511, 20.20 subdivision 10, is amended to read: 20.21 Subd. 10. [MUNICIPALITY.] "Municipality" means a city, a 20.22 county, or a town in this state and includes the metropolitan 20.23 airports commissions organized pursuant to the provisions of20.24 Laws 1943, chapter 500commission. 20.25 Sec. 9. Minnesota Statutes 2000, section 473.121, 20.26 subdivision 5a, is amended to read: 20.27 Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency" 20.28 means the metropolitan parks and open space commission ,20.29 metropolitan airports commission,and metropolitan sports 20.30 facilities commission. 20.31 Sec. 10. Minnesota Statutes 2000, section 473.606, 20.32 subdivision 2, is amended to read: 20.33 Subd. 2. [CHAIRS, SECRETARY.] The chair, vice-chair, and 20.34 secretary shall have such powers and perform such duties as may 20.35 be given or imposed upon them by sections 473.601 to 473.679, or20.36 by the bylaws of the corporation473.680. 21.1 Sec. 11. Minnesota Statutes 2000, section 473.621, 21.2 subdivision 5, is amended to read: 21.3 Subd. 5. [CITY COST CALCULATION; LAND REVERSION.] The 21.4 investment of the cities of Minneapolis and St. Paul in the 21.5 metropolitan airports system, from the date of the original 21.6 enactment of this section to January 1, 1973, includes the land 21.7 comprising airports owned by them and taken over pursuant to 21.8 subdivision 2, and taxes levied on property within the cities in 21.9 the years 1944 to 1969, the proceeds of which, together with 21.10 revenues of the system and federal funds, were expended for the 21.11 operation, administration, maintenance, improvement, and 21.12 extension of the system and the service of debt incurred for 21.13 such improvement and extension, including improvement of the 21.14 city lands. The aggregate amount of such taxes was $19,816,873, 21.15 of which $7,294,022 would have been assessed and extended 21.16 against property outside the cities if the entire metropolitan 21.17 area, which will be taxable by the corporation in 1974 and 21.18 subsequent years under section 473.661, had been within its 21.19 taxing jurisdiction when those levies were made. If it should 21.20 become necessary for the corporation to levy any such taxes for 21.21 any purpose other than the payment of bonds and interest, they 21.22 shall be extended and assessed exclusively against taxable 21.23 property outside the cities until the total amount so assessed 21.24 and extended equals $7,294,022. In the event that the airport 21.25 land owned by either city should no longer be used for airport 21.26 purposes, the corporation's control thereof shall cease, and 21.27 title to the land and all improvements shall be and remain in 21.28 the city, but the city shall become liable to the corporation 21.29 for the repayment, without interest, of an amount of the taxes 21.30 so paid which is proportionate to its own share of the cities' 21.31 original investment, being 60 percent for Minneapolis and 40 21.32 percent for St. Paul. In the event that any other land or 21.33 improvements owned or controlled by the corporation should ever 21.34 cease to be used for airport purposes, all income therefrom and 21.35 all proceeds received upon disposal thereof shall continue to be 21.36 used for purposes of the metropolitan airports system, subject 22.1 to federal laws and regulations governing such disposal; or if 22.2 the operation of the system should ever be terminated, all such 22.3 income and proceeds shall be distributed to the seven counties 22.4 in the metropolitan area, in amounts proportionate to the net 22.5 tax capacity of taxable property in each county at the time of 22.6 such distribution. 22.7 Sec. 12. Minnesota Statutes 2000, section 473.667, 22.8 subdivision 9, is amended to read: 22.9 Subd. 9. [ADDITIONAL TAXES.] Nothing herein shall prevent 22.10 the commission from levying a tax not to exceed 0.00121 percent 22.11 of market value on taxable property within its taxing 22.12 jurisdiction , in addition to any levies found necessary for the22.13 debt service fund authorized by section 473.671. Nothing herein 22.14 shall prevent the levy and appropriation for purposes of the 22.15 commission of any other tax on property or on any income, 22.16 transaction, or privilege, when and if authorized by law. All 22.17 collections of any taxes so levied shall be included in the 22.18 revenues appropriated for the purposes referred to in this 22.19 section, unless otherwise provided in the law authorizing the 22.20 levies; but no covenant as to the continuance or as to the rate 22.21 and amount of any such levy shall be made with the holders of 22.22 the commission's bonds unless specifically authorized by law. 22.23 Sec. 13. [EFFECTIVE DATE.] 22.24 Sections 1 to 12 are effective July 1, 2003.