1.1                          A bill for an act 
  1.2             relating to the metropolitan airports commission; 
  1.3             adding mayors to the commissioner membership; amending 
  1.4             Minnesota Statutes 2000, sections 473.604, subdivision 
  1.5             1; 473.605, subdivision 2; 473.622; repealing 
  1.6             Minnesota Statutes 2000, section 473.601, subdivisions 
  1.7             3, 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 473.604, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [COMPOSITION.] The commission consists of: 
  1.12     (1) the mayor of each of the cities of Minneapolis, St. 
  1.13  Paul, Bloomington, Burnsville, Eagan, Mendota Heights, and 
  1.14  Richfield, or a qualified voter appointed by the mayor, for the 
  1.15  term of office as mayor; 
  1.16     (2) eight members, appointed by the governor from each of 
  1.17  the following agency districts: 
  1.18     (i) district A, consisting of council districts 1 and 2; 
  1.19     (ii) district B, consisting of council districts 3 and 4; 
  1.20     (iii) district C, consisting of council districts 5 and 6; 
  1.21     (iv) district D, consisting of council districts 7 and 8; 
  1.22     (v) district E, consisting of council districts 9 and 10; 
  1.23     (vi) district F, consisting of council districts 11 and 12; 
  1.24     (vii) district G, consisting of council districts 13 and 
  1.25  14; and 
  1.26     (viii) district H, consisting of council districts 15 and 
  2.1   16. 
  2.2   Each member shall be a resident of the district represented.  
  2.3   Before making an appointment, the governor shall consult with 
  2.4   each member of the legislature from the district for which the 
  2.5   member is to be appointed, to solicit the legislator's 
  2.6   recommendation on the appointment; 
  2.7      (3) four members appointed by the governor from outside of 
  2.8   the metropolitan area to reflect fairly the various regions and 
  2.9   interests throughout the state that are affected by the 
  2.10  operation of the commission's major airport and airport system.  
  2.11  Two of these members must be residents of statutory or home rule 
  2.12  charter cities, towns, or counties containing an airport 
  2.13  designated by the commissioner of transportation as a key 
  2.14  airport.  The other two must be residents of statutory or home 
  2.15  rule charter cities, towns, or counties containing an airport 
  2.16  designated by the commissioner of transportation as an 
  2.17  intermediate airport.  The members must be appointed by the 
  2.18  governor as follows:  one for a term of one year, one for a term 
  2.19  of two years, one for a term of three years, and one for a term 
  2.20  of four years.  All of the terms start on July 1, 1989.  The 
  2.21  successors of each member must be appointed to four-year terms 
  2.22  commencing on the first Monday in January of each fourth year 
  2.23  after the expiration of the original term.  Before making an 
  2.24  appointment, the governor shall consult each member of the 
  2.25  legislature representing the municipality or county from which 
  2.26  the member is to be appointed, to solicit the legislator's 
  2.27  recommendation on the appointment; and 
  2.28     (4) a chair appointed by the governor for a term of four 
  2.29  years.  The chair may be removed at the pleasure of the governor.
  2.30     Sec. 2.  Minnesota Statutes 2000, section 473.605, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [PER DIEM, EXPENSES; EXCEPTION.] Each commission 
  2.33  member shall receive $50 per diem compensation and be reimbursed 
  2.34  for actual and necessary expenses.  The chair shall receive a 
  2.35  salary as prescribed in section 15A.0815 and shall be reimbursed 
  2.36  for reasonable expenses to the same extent as a member.  The 
  3.1   mayors and members of the city councils of Minneapolis ~~and~~, St. 
  3.2   Paul, Bloomington, Burnsville, Eagan, Mendota Heights, and 
  3.3   Richfield shall not be eligible for per diem compensation.  The 
  3.4   annual budget of the commission shall provide as a separate 
  3.5   account anticipated expenditures for per diem, travel, and 
  3.6   associated expenses for the chair and members, and compensation 
  3.7   or reimbursement shall be made to the chair and members only 
  3.8   when budgeted. 
  3.9      Sec. 3.  Minnesota Statutes 2000, section 473.622, is 
  3.10  amended to read: 
  3.11     473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.] 
  3.12     The corporation shall exercise control and jurisdiction 
  3.13  over any other airport within either 35 miles of the city hall 
  3.14  of either the city of Minneapolis or St. Paul or within the 
  3.15  metropolitan area.  Control and jurisdiction of the corporation 
  3.16  over any privately or publicly owned airport shall be limited to 
  3.17  control and jurisdiction of the flight and traffic patterns of 
  3.18  such airport in the interests of safety of the operation of any 
  3.19  airport owned or operated by the corporation.  No airport shall 
  3.20  be acquired or operated within the metropolitan area without 
  3.21  first securing the approval of the corporation, provided, 
  3.22  however, such approval shall not be withheld except after notice 
  3.23  to all interested parties and a public hearing held thereon, as 
  3.24  provided in section 360.018, subdivision 7, and then only upon a 
  3.25  finding by the corporation that the acquisition or operation of 
  3.26  such airport would create a flight hazard to any airport or 
  3.27  airports owned or operated by it.  As to any airport once 
  3.28  licensed with the approval of the corporation, approval of the 
  3.29  continued operation of such airport shall at no time be 
  3.30  withdrawn by the corporation except after notice to all 
  3.31  interested parties, a public hearing had, and a finding by the 
  3.32  corporation based on substantial evidence that the operation of 
  3.33  such airport is inconsistent with the safety of flight to and 
  3.34  from an airport owned or operated or presently to be or being 
  3.35  constructed to be operated by the corporation, and then only 
  3.36  after payment of just compensation to cover the loss sustained 
  4.1   by reason of such withdrawal, such just compensation, if not 
  4.2   arrived at by agreement, to be ascertained in the condemnation 
  4.3   of said airport by the corporation under the power of eminent 
  4.4   domain, the commission to institute the condemnation proceedings 
  4.5   promptly and to pay in connection with the prosecution thereof 
  4.6   all reasonable and necessary expenses incurred not only by it 
  4.7   but also by the owner of such airport.  
  4.8      Sec. 4.  [REPEALER.] 
  4.9      Minnesota Statutes 2000, section 473.601, subdivisions 3 
  4.10  and 6, are repealed.