Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 41-H.F.No. 915
An act relating to transportation; modifying
provisions relating to aeronautics; making clarifying
changes; amending Minnesota Statutes 2004, sections
360.305, subdivision 4; 360.55, subdivisions 2, 3, 4,
4a; 360.58; 360.59, subdivisions 2, 5, 7, 8; 360.63,
subdivision 2; 360.67, subdivision 4; 394.22,
subdivision 12; 394.361, subdivisions 1, 3; 462.352,
subdivision 10; 462.355, subdivision 4; 462.359,
subdivisions 1, 3; repealing Minnesota Statutes 2004,
section 360.59, subdivisions 4, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 360.305,
subdivision 4, is amended to read:
Subd. 4. [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR
CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this
subdivision, the commissioner of transportation shall require as
a condition of assistance by the state that the political
subdivision, municipality, or public corporation make a
substantial contribution to the cost of the construction,
improvement, maintenance, or operation of the airport, in
connection with which the assistance of the state is sought.
These costs are referred to as project costs.
(b) For any airport, whether key, intermediate, or landing
strip, where only state and local funds are to be used, the
contribution shall be not less than one-fifth of the sum of:
(1) the project costs;
(2) acquisition costs of the land and clear zones, which
are referred to as acquisition costs.
(c) For any airport where federal, state, and local funds
are to be used, the contribution shall not be less than five
percent of the sum of the project costs and acquisition costs.
(d) The commissioner may pay the total cost of radio and
navigational aids.
(e) Notwithstanding paragraph (b) or (c), the commissioner
may pay all of the project costs of a new landing strip, but not
an intermediate airport or key airport, or may pay an amount
equal to the federal funds granted and used for a new landing
strip plus all of the remaining project costs; but the total
amount paid by the commissioner for the project costs of a new
landing strip, unless specifically authorized by an act
appropriating funds for the new landing strip, shall not exceed
$200,000.
(f) Notwithstanding paragraph (b) or (c), the commissioner
may pay all the project costs for research and development
projects, including, but not limited to noise abatement;
provided that in no event shall the sums expended under this
paragraph exceed five percent of the amount appropriated for
construction grants.
(g) To receive aid under this section for project costs or
for acquisition costs, the municipality must enter into an
agreement with the commissioner giving assurance that the
airport will be operated and maintained in a safe, serviceable
manner for aeronautical purposes only for the use and benefit of
the public:
(1) for 20 years after the date that any state funds for
project costs are received by the municipality; and
(2) for 99 years after the date that any state funds for
acquisition costs are received by the municipality. If any land
acquired with state funds ceases to be used for aviation
purposes, the municipality shall repay the state airports fund
the same percentage of the appraised value of the property as
that percentage of the costs of acquisition and participation
provided by the state to acquire the land.
The agreement may contain other conditions as the commissioner
deems reasonable.
(h) The commissioner shall establish a hangar construction
revolving account, which shall be used for the purpose of
financing the construction of hangar buildings to be constructed
by municipalities owning airports. All municipalities owning
airports are authorized to enter into contracts for the
construction of hangars, and contracts with the commissioner for
the financing of hangar construction for an amount and period of
time as may be determined by the commissioner and municipality.
All receipts from the financing contracts shall be deposited in
the hangar construction revolving account and are reappropriated
for the purpose of financing construction of hangar buildings.
The commissioner may pay from the hangar construction revolving
account 80 percent of the cost of financing construction of
hangar buildings. For purposes of this clause paragraph, the
construction of hangars shall include their design. The
commissioner shall transfer up to $4,400,000 from the state
airports fund to the hangar construction revolving account.
(i) The commissioner may pay a portion of the purchase
price of any airport maintenance and safety equipment and of the
actual airport snow removal costs incurred by any municipality.
The portion to be paid by the state shall not exceed two-thirds
of the cost of the purchase price or snow removal. To receive
aid a municipality must enter into an agreement of the type
referred to in paragraph (g).
(j) This subdivision shall apply applies only to project
costs or acquisition costs of municipally owned airports which
are incurred after June 1, 1971.
Sec. 2. Minnesota Statutes 2004, section 360.55,
subdivision 2, is amended to read:
Subd. 2. [TRANSACTING OFFICIAL BUSINESS.] Aircraft owned
and used solely in the transaction of official business by
representatives of foreign powers, by the federal government, or
by the state or any municipality thereof shall be are exempt
from the provisions of sections 360.54 to 360.67 requiring the
payment of a tax, but all such aircraft, except those owned by
representatives of foreign powers or by the federal government,
shall must be registered as required by sections 360.54 to
360.67 and shall display tax-exempt number plates, labels, or
stamps furnished by the commissioner at cost. The exemption
herein provided shall does not apply to any aircraft except
those owned by representatives of foreign powers or by the
federal government and except such those aircraft as may be used
in general police work, unless the name of the state department
or the municipality owning such the aircraft shall be is plainly
printed on both sides thereof in letters of a size and character
to be prescribed by the commissioner.
Sec. 3. Minnesota Statutes 2004, section 360.55,
subdivision 3, is amended to read:
Subd. 3. [CIVIL AIR PATROL.] Any aircraft owned and used
solely in the transaction of official business by any unit of
the civil air patrol created by Public Law 476, 79th Congress,
Public Law 557, 80th Congress, or acts amendatory thereto,
whether or not the title to such the aircraft is retained by the
federal government or vested in such unit unconditionally, shall
be is exempt from the provisions of sections 360.54 to 360.57
requiring the payment of tax, but all such aircraft shall must
be registered as required by sections 360.54 to 360.57 and shall
display tax-exempt number plates, labels or stamps furnished by
the commissioner at cost.
Sec. 4. Minnesota Statutes 2004, section 360.55,
subdivision 4, is amended to read:
Subd. 4. [COLLECTOR'S AIRCRAFT; SPECIAL PLATES.] (a) For
purposes of this subdivision:
(1) "antique aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or before December
31, 1945, with the exception of certain pre-World War II
aircraft models that had only a small post-war production, such
as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and
(2) "classic aircraft" means an aircraft constructed by the
original manufacturer, or its licensee, on or after January 1,
1946, and has a first year of life that precedes the date of
registration by at least 50 years.
(b) If an antique or classic aircraft is owned and operated
solely as a collector's item, its owner may list it for taxation
and registration as follows: A sworn affidavit shall must be
executed stating (1) the name and address of the owner, (2) the
name and address of the person from whom purchased, (3) the
aircraft's make of the aircraft, year and, model number of the
aircraft, the federal aircraft registration number, the and
manufacturer's identification number, and (4) that the aircraft
is owned and operated solely as a collector's item and not for
general transportation or commercial operations purposes. The
affidavit shall must be filed with the commissioner along with a
fee of $25.
(c) Upon satisfaction that the affidavit is true and
correct, the commissioner shall issue to the applicant special
number plates, decalcomania labels, or stamps bearing the
inscription "Classic" or "Antique," "Minnesota" and the
registration number but no date a registration certificate. The
special number plates, decalcomania labels, or stamps
are registration certificate is valid without renewal as long as
the owner operates the aircraft solely as a collector's item.
(d) Should an antique or classic aircraft be operated other
than as a collector's item, the special number plates,
decalcomania labels, or stamps shall be registration certificate
becomes void and removed, and the owner shall list the aircraft
for taxation and registration in accordance with the other
provisions of sections 360.511 to 360.67.
(e) Upon the sale of an antique or classic aircraft, the
new owner must list the aircraft for taxation and registration
in accordance with the provisions of this subdivision, including
the payment of a $25 fee to obtain new special plates or payment
of a $5 fee to retain and transfer the existing special plates
registration to the name of the new owner, or the other
provisions of sections 360.511 to 360.67, whichever is
applicable.
(f) In the event of defacement, loss, or destruction of the
special number plates, decalcomania labels, or
stamps registration certificate, and upon receiving and filing a
sworn affidavit of the aircraft owner setting forth the
circumstances, together with any defaced plates, labels, or
stamps and a fee of $5, the commissioner shall issue a
replacement plates, labels, or stamps certificate. The
commissioner shall note on the records the issue of replacement
number and shall proceed to cancel the original plates, labels,
or stamps.
Sec. 5. Minnesota Statutes 2004, section 360.55,
subdivision 4a, is amended to read:
Subd. 4a. [RECREATIONAL AIRCRAFT; CLASSIC LICENSE.] (a) An
aircraft that has a base price for tax purposes under section
360.531 of $10,000 or less, and that is owned and operated
solely for recreational purposes, may be listed for taxation and
registration by executing a sworn affidavit stating (1) the name
and address of the owner, (2) the name and address of the person
from whom purchased, (3) the aircraft's make, year, model
number, federal aircraft registration number, and manufacturer's
identification number, and (4) that the aircraft is owned and
operated solely as a recreational aircraft and not for
commercial operational purposes. The affidavit must be filed
with the commissioner along with an annual $25 fee.
(b) On being satisfied that the affidavit is true and
correct, the commissioner shall issue to the applicant a decal
registration certificate.
(c) Should the aircraft be operated other than as a
recreational aircraft, the owner shall list the aircraft for
taxation and registration and pay the appropriate registration
fee under sections 360.511 to 360.67.
(d) If the aircraft is sold, the new owner shall list the
aircraft for taxation and registration under this subdivision,
including the payment of the annual $25 fee, or under sections
360.511 to 360.67, whichever is applicable.
Sec. 6. Minnesota Statutes 2004, section 360.58, is
amended to read:
360.58 [OPERATION WITHOUT REGISTRATION OR PAYMENT.]
No aircraft Except as exempted by sections 360.54 and
360.55, a person shall not use or be operated operate an
aircraft in the air space over this state or upon any of the
airports thereof in the tax period of January 1, 1966, to and
including June 30, 1967, or in any fiscal year thereafter of
this state until it shall have the aircraft has been registered
as required in sections 360.54 to 360.67 and the aircraft tax
and fees herein provided shall have been paid and the number
plates, labels, or stamps issued therefor shall be duly
displayed on such aircraft. A purchaser of a new aircraft may
operate the aircraft without such plates, labels, or stamps upon
securing from the commissioner, or any person designated by the
commissioner for that purpose, a permit to operate such aircraft
pending the issuance of plates, such permit shall be valid for
not more than 15 days.
Sec. 7. Minnesota Statutes 2004, section 360.59,
subdivision 2, is amended to read:
Subd. 2. [AGENT OR LIENOR MAY LIST.] Any act required
herein of an owner may be performed in the owner's behalf by a
duly authorized agent. Any person having a lien upon, or claim
to, any aircraft may pay any tax due thereon to prevent the
penalty for delayed registration from accruing, but the
registration certificate and number plates shall not be issued
until legal ownership is definitely determined.
Sec. 8. Minnesota Statutes 2004, section 360.59,
subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER TO APPROVE.] The commissioner shall
approve applications and issue number plates for any aircraft.
When an applicant is listing the same aircraft for taxation and
registration for the second and succeeding time the registration
certificate issued for the prior year need not be delivered to
the commissioner; but in case of a transfer or sale the
registration certificate therefor issued or proof of loss
thereof by sworn statement shall be delivered to the
commissioner. The commissioner shall be satisfied from the
records that all taxes and fees due hereunder shall have been
paid, and endorsements upon said certificate or sworn proof of
loss in writing signed by the seller and purchaser, shall
furnish proof that the applicant for registration is paying or
receiving credit for the tax upon the aircraft of which the
applicant is the rightful possessor.
Sec. 9. Minnesota Statutes 2004, section 360.59,
subdivision 7, is amended to read:
Subd. 7. [TRANSFER OF OWNERSHIP.] Upon the transfer of
ownership,; the destruction, theft, or dismantling as such,;
or the permanent removal by the owner thereof from this state,
of any aircraft registered in accordance with the provisions of
sections 360.511 to 360.67, the right of the owner of such the
aircraft to use the registration certificate and number plates
assigned such the aircraft shall expire, and such certificate
and any existing plates shall be, by such expires. The
owner, shall forthwith returned return the certificate with
transportation prepaid to the commissioner with a signed notice
of the date and manner of termination of ownership, giving the
name and post office address, with street and number, if in a
city, of the person to whom transferred; provided, however, that
whenever the ownership of an aircraft shall be transferred to
another who shall forthwith register the same in that person's
name, the commissioner may permit the manual delivery of such
plates to the new owner of such aircraft. On becoming the owner
by gift, trade, or purchase of any aircraft for which a
registration certificate has been theretofore issued under the
provisions of sections 360.511 to 360.67, a person, including a
dealer or manufacturer, shall, within seven days after acquiring
ownership, join with the registered owner in transmitting with
an application the said registration certificate with the
assignment and notice of sale duly executed upon the reverse
side thereof, or in case of loss of such the certificate, with
such proof of loss by sworn statements in writing as shall be
satisfactory to the commissioner. Upon the transfer of any
aircraft by a manufacturer or dealer, for use within the state,
whether by sale, lease, or otherwise, such the manufacturer or
dealer shall, within seven days after such the transfer,
transmit the transferee's application for registration thereof
and such. The manufacturer or dealer shall each month file with
the commissioner a notice or report containing the date of
such the transfer, a description of such the aircraft, and the
name, street and number of residence, if in a city, and post
office address of the transferee.
Sec. 10. Minnesota Statutes 2004, section 360.59,
subdivision 8, is amended to read:
Subd. 8. [AMENDMENT, SUSPENSION, MODIFICATION,
REVOCATION.] All registrations and issue of number plates shall
be are subject to amendment, suspension, modification, or
revocation by the commissioner summarily for any violation of or
neglect to comply with the provisions of sections 360.511 to
360.67. In any case where the proper registration of an
aircraft is dependent upon procuring information entailing such
delay as to unreasonably deprive the owner of the use of the
aircraft, the commissioner may issue a tax receipt and plates
conditionally. In any case when revoking a registration for
cause, the commissioner shall have has the authority to demand
the return of the number plates and registration certificate
and, if necessary, to seize the number plates issued for such
registration.
Sec. 11. Minnesota Statutes 2004, section 360.63,
subdivision 2, is amended to read:
Subd. 2. [DEALERS' PLATES AIRCRAFT DEMONSTRATION.] Any
licensed aircraft dealer may apply to the commissioner for one
or more aircraft dealers' plates. A charge of $15 shall be made
for each such plate. Any aircraft owned by said an aircraft
dealer, licensed under this section, may be used for the purpose
of demonstration or for any purpose incident to the usual
conduct and operation of business as an aircraft dealer;
provided aircraft dealers' plates are conspicuously attached to
the aircraft when so used, and provided said the aircraft has
been first listed with the commissioner on an aircraft
withholding form provided by the commissioner.
Sec. 12. Minnesota Statutes 2004, section 360.67,
subdivision 4, is amended to read:
Subd. 4. [FRAUD.] Any person who:
(1) uses any number plates, label, or stamp or registration
certificate upon or in connection with any aircraft except the
one for which the same were duly issued, or upon any such
aircraft after the certificate, plates, label, or stamp or the
right to use the same have expired, or retains in possession or
fails to surrender as provided in sections 360.511 to 360.67 any
such number plates, label, stamp, or registration certificate;
(2) displays, or causes to be displayed, or has in
possession any canceled, revoked, suspended, or fraudulently
obtained or stolen registration plates, label, or stamp;
(3) lends the person's registration plates, label, or stamp
to any person or knowingly permits the use thereof by another;
(4) displays or represents as the person's own any
registration plates, label, or stamp not issued to the person;
provided, this shall not apply to any legal change of ownership
of the aircraft to which the plates, label, or stamp are
attached;
(5) uses a false or fictitious name or address or
description of the aircraft, engine number, or frame number in
any application for registration of an aircraft or knowingly
makes a false statement or knowingly conceals a material fact or
otherwise commits a fraud in any such application; or
(6) defaces or alters any registration certificate or
number plates or retains the same in possession after the same
have been defaced or altered,
shall be is guilty of a misdemeanor.
Sec. 13. Minnesota Statutes 2004, section 394.22,
subdivision 12, is amended to read:
Subd. 12. [OFFICIAL MAP.] "Official map" means a map
adopted in accordance with section 394.361, which may show
existing county roads and county state-aid highways, proposed
future county roads and highways, the area needed for widening
existing county roads and highways, and existing and future
state trunk highway rights-of-way. An official map may also
show the location of existing public land and facilities and
other land needed for future public purposes, including public
facilities such as parks, playgrounds, schools, and other public
buildings, civic centers, airports, and travel service
facilities. When requested in accordance with section 394.32,
subdivision 3, an official map may include existing and planned
public land uses within incorporated areas.
Sec. 14. Minnesota Statutes 2004, section 394.361,
subdivision 1, is amended to read:
Subdivision 1. [FUTURE PUBLIC USES.] Land that is needed
for future street and highway purposes, or for aviation
purposes, and as sites for other necessary public facilities and
services is frequently diverted to nonpublic uses which that
could have been located on other lands without hardship or
inconvenience to the owners. When this happens, public uses of
land may be denied or may be obtained later only at prohibitive
cost or at the expense of dislocating the owners and occupants
of the land. Identification on official maps of land needed for
future public uses permits both the public and private property
owners to adjust their building plans equitably and conveniently
before investments are made which that will make such
adjustments difficult to accomplish.
Sec. 15. Minnesota Statutes 2004, section 394.361,
subdivision 3, is amended to read:
Subd. 3. [EFFECT.] After an official map has been adopted
and filed, the issuance of land use or zoning permits or
approvals by the county shall be is subject to the provisions of
this section. Whenever any street or highway is widened or
improved or any new street is opened, or interests in lands for
other public purposes, including aviation purposes, are acquired
by the county, it is not required in such proceedings to pay for
any building or structure placed without a permit or approval or
in violation of conditions of a permit or approval within the
limits of the mapped street or highway or outside of any
building line that may have been established upon the existing
street or within any area thus identified for public purposes,
including aviation purposes. The adoption of official maps does
not give the county any right, title, or interest in areas
identified for public purposes thereon, but the adoption of a
map does authorize the county to acquire such these interests
without paying compensation for buildings or structures erected
in such those areas without a permit or approval or in violation
of the conditions of a permit or approval. The provisions of
This subdivision shall does not apply to buildings or structures
in existence prior to the filing of the official map.
Sec. 16. Minnesota Statutes 2004, section 462.352,
subdivision 10, is amended to read:
Subd. 10. [OFFICIAL MAP.] "Official map" means a map
adopted in accordance with section 462.359, which may show
existing and proposed future streets, roads, and highways, and
airports of the municipality and county, the area needed for
widening of existing streets, roads, and highways of the
municipality and county, and existing and future county state
aid highways and state trunk highway rights-of-way. An official
map may also show the location of existing and future public
land and facilities within the municipality. In counties in the
metropolitan area as defined in section 473.121, official maps
may for a period of up to five years designate the boundaries of
areas reserved for purposes of soil conservation, water supply
conservation, flood control, and surface water drainage and
removal, including appropriate regulations protecting such those
areas against encroachment by buildings, or other physical
structures or facilities.
Sec. 17. Minnesota Statutes 2004, section 462.355,
subdivision 4, is amended to read:
Subd. 4. [INTERIM ORDINANCE.] If a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462.352, subdivision 15,
or if new territory for which plans or controls have not been
adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or
part of its jurisdiction for the purpose of protecting the
planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict, or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective. The period of an interim
ordinance applicable to an area that is affected by a city's
master plan for a municipal airport may be extended for such
additional periods as the municipality may deem appropriate, not
exceeding a total additional period of 18 months in the case
where the Minnesota Department of Transportation has requested a
city to review its master plan for a municipal airport prior to
August 1, 2004. In all other cases, no interim ordinance may
halt, delay, or impede a subdivision which that has been given
preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with
respect to any application filed prior to the effective date of
the interim ordinance. The governing body of the municipality
may extend the interim ordinance after a public hearing and
written findings have been adopted based upon one or more of the
conditions in clause (1), (2), or (3). The public hearing must
be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing
must be published at least ten days before the hearing. The
interim ordinance may be extended for the following conditions
and durations, but, except as provided in clause (3), an interim
ordinance may not be extended more than an additional 18 months:
(1) up to an additional 120 days following the receipt of
the final approval or review by a federal, state, or
metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the
municipality at least 30 days before the expiration of the
interim ordinance;
(2) up to an additional 120 days following the completion
of any other process required by a state statute, federal law,
or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has
not adopted a comprehensive plan under this section at the time
the interim ordinance is enacted.
Sec. 18. Minnesota Statutes 2004, section 462.359,
subdivision 1, is amended to read:
Subdivision 1. [STATEMENT OF PURPOSE.] Land that is needed
for future street purposes or for aviation purposes and as sites
for other necessary public facilities and services is frequently
diverted to nonpublic uses which that could have been located on
other lands without hardship or inconvenience to the owners.
When this happens, public uses of land may be denied or may be
obtained later only at prohibitive cost or at the expense of
dislocating the owners and occupants of the land.
Identification on an official map of land needed for future
public uses permits both the public and private property owners
to adjust their building plans equitably and conveniently before
investments are made which that will make such adjustments
difficult to accomplish.
Sec. 19. Minnesota Statutes 2004, section 462.359,
subdivision 3, is amended to read:
Subd. 3. [EFFECT.] After an official map has been adopted
and filed, the issuance of building permits by the municipality
shall be is subject to the provisions of this section. Whenever
any street or highway is widened or improved or any new street
is opened, or interests in lands for other public purposes,
including aviation purposes, are acquired by the municipality,
it is not required in such proceedings to pay for any building
or structure placed without a permit or in violation of
conditions of a permit within the limits of the mapped street or
outside of any building line that may have been established upon
the existing street or within any area thus identified for
public purposes. The adoption of an official map does not give
the municipality any right, title, or interest in areas
identified for public purposes thereon, but the adoption of the
map does authorize the municipality to acquire such interests
without paying compensation for buildings or structures erected
in such those areas without a permit or in violation of the
conditions of a permit.
Sec. 20. [PARKING LOT LEASE.]
Notwithstanding any law to the contrary, the commissioner
of administration shall negotiate a lease with a prospective
tenant regarding the use for fair market value of the parking
lot of the state-owned building at 222 East Plato Boulevard in
the city of St. Paul. Money received by reason of the lease
must be deposited in the state airports fund.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 21. [REPEALER.]
Minnesota Statutes 2004, section 360.59, subdivisions 4 and
9, are repealed.
Presented to the governor May 6, 2005
Signed by the governor May 9, 2005, 10:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes