Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 250-H.F.No. 2737 
                  An act relating to municipal airports; requiring 
                  notice to commissioner of transportation and public 
                  notice and hearing before final closure of municipal 
                  airport; proposing coding for new law in Minnesota 
                  Statutes, chapter 360. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [360.046] [REQUIREMENTS FOR CLOSURE OF 
        MUNICIPAL AIRPORT.] 
           Subdivision 1.  [DEFINITION OF MUNICIPAL AIRPORT.] For the 
        purposes of this section, "municipal airport" is an airport 
        owned by a county, city, town, or joint powers board within the 
        meaning of section 360.042, exclusive of an airport formed and 
        operated by the Metropolitan Airports Commission pursuant to 
        sections 473.601 to 473.680. 
           Subd. 2.  [NOTICE OF INTENT TO CLOSE PROVIDED TO 
        COMMISSIONER.] The owner of a municipal airport shall provide 
        written notice to the commissioner of intent to close the 
        airport.  Notice must be provided to the commissioner before or 
        immediately upon cessation of operations at the airport. 
           Subd. 3.  [PRESERVATION OF AIRPORT PROPERTY; PENALTY.] For 
        180 days following receipt by the commissioner of the notice 
        described in subdivision 2, the municipality may not abandon, 
        significantly alter, demolish, or convey airport property.  The 
        commissioner must assess a municipality that is in violation a 
        civil penalty of $1,000 for each day of the 180-day period that 
        it remains in violation.  Proceeds of the penalty must be 
        deposited in the state airports fund. 
           Subd. 4.  [PUBLIC NOTICE AND HEARING.] The owner of a 
        municipal airport shall schedule a public hearing to take place 
        within 90 days following the giving of notice to the 
        commissioner of intent to close.  The owner of the airport shall 
        provide public notice within the municipality served by the 
        airport a minimum of 30 days before the hearing.  At the 
        hearing, the municipality shall present information concerning 
        the airport closing, and the public must have the opportunity to 
        comment. 
           Subd. 5.  [IMPACT EVALUATION.] Before the public hearing, 
        the commissioner shall prepare a written evaluation of the 
        impact on the airport system of the closure of the municipal 
        airport.  The commissioner shall make the evaluation available 
        to the municipality and to the public in advance of the hearing. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 28, 2004, 5:07 p.m.