1.1                          A bill for an act 
  1.2             relating to public safety; increasing the 911 
  1.3             emergency telephone service fee to cover the cost of 
  1.4             the third phase of the public safety radio 
  1.5             communication system; authorizing the sale of revenue 
  1.6             bonds by the metropolitan council; appropriating 
  1.7             money; amending Minnesota Statutes 2002, sections 
  1.8             403.11, subdivision 1; 473.891, subdivision 10, by 
  1.9             adding a subdivision; 473.898, subdivisions 1, 3; 
  1.10            473.901, subdivision 1; 473.902, subdivisions 1, 3, 5. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 403.11, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 
  1.15  (a) Each customer of a wireless or wire line telecommunications 
  1.16  service provider that furnishes service capable of originating a 
  1.17  911 emergency telephone call is assessed a fee to cover the 
  1.18  costs of ongoing maintenance and related improvements for 
  1.19  trunking and central office switching equipment for 911 
  1.20  emergency telecommunications service, plus administrative and 
  1.21  staffing costs of the department of administration related to 
  1.22  managing the 911 emergency telecommunications service program.  
  1.23  Recurring charges by a wire line telecommunications service 
  1.24  provider for updating the information required by section 
  1.25  403.07, subdivision 3, must be paid by the commissioner of 
  1.26  administration if the wire line telecommunications service 
  1.27  provider is included in an approved 911 plan and the charges are 
  1.28  made pursuant to tariff, price list, or contract.  The 
  2.1   commissioner of administration shall transfer an amount equal to 
  2.2   two cents a month from the fee assessed under this section on 
  2.3   wireless telecommunications services to the commissioner of 
  2.4   public safety for the purpose of offsetting the costs, including 
  2.5   administrative and staffing costs, incurred by the state patrol 
  2.6   division of the department of public safety in handling 911 
  2.7   emergency calls made from wireless phones.  
  2.8      (b) Money remaining in the 911 emergency telecommunications 
  2.9   service account after all other obligations are paid must not 
  2.10  cancel and is carried forward to subsequent years and may be 
  2.11  appropriated from time to time to the commissioner of 
  2.12  administration to provide financial assistance to counties for 
  2.13  the improvement of local emergency telecommunications services.  
  2.14  The improvements may include providing access to 911 service for 
  2.15  telecommunications service subscribers currently without access 
  2.16  and upgrading existing 911 service to include automatic number 
  2.17  identification, local location identification, automatic 
  2.18  location identification, and other improvements specified in 
  2.19  revised county 911 plans approved by the department. 
  2.20     (c) The fee may not be less than eight cents nor more than 
  2.21  33 52 cents a month for each customer access line or other basic 
  2.22  access service, including trunk equivalents as designated by the 
  2.23  public utilities commission for access charge purposes and 
  2.24  including wireless telecommunications services.  With the 
  2.25  approval of the commissioner of finance, the commissioner of 
  2.26  administration shall establish the amount of the fee within the 
  2.27  limits specified and inform the companies and carriers of the 
  2.28  amount to be collected.  The commissioner shall provide 
  2.29  companies and carriers a minimum of 45 days' notice of each fee 
  2.30  change.  For fiscal year 2003, the commissioner of 
  2.31  administration shall provide a minimum of 35 days' notice of 
  2.32  each fee change.  The fee must be the same for all customers.  
  2.33     (d) The fee must be collected by each wireless or wire line 
  2.34  telecommunications service provider subject to the fee.  Fees 
  2.35  are payable to and must be submitted to the commissioner of 
  2.36  administration monthly before the 25th of each month following 
  3.1   the month of collection, except that fees may be submitted 
  3.2   quarterly if less than $250 a month is due, or annually if less 
  3.3   than $25 a month is due.  Receipts must be deposited in the 
  3.4   state treasury and credited to a 911 emergency 
  3.5   telecommunications service account in the special revenue fund.  
  3.6   The money in the account may only be used for 911 
  3.7   telecommunications services as provided in paragraph (a). 
  3.8      (e) This subdivision does not apply to customers of 
  3.9   interexchange carriers. 
  3.10     (f) The installation and recurring charges for integrating 
  3.11  wireless 911 calls into enhanced 911 systems must be paid by the 
  3.12  commissioner if the 911 service provider is included in the 
  3.13  statewide design plan and the charges are made pursuant to 
  3.14  tariff, price list, or contract. 
  3.15     Sec. 2.  Minnesota Statutes 2002, section 473.891, 
  3.16  subdivision 10, is amended to read: 
  3.17     Subd. 10.  [SECOND PHASE.] "Second phase" means the 
  3.18  metropolitan radio board building subsystems for providing 
  3.19  assistance to local government units building subsystems in the 
  3.20  metropolitan area that did not build their own subsystems in the 
  3.21  first phase. 
  3.22     Sec. 3.  Minnesota Statutes 2002, section 473.891, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 11.  [THIRD PHASE.] "Third phase" means an extension 
  3.25  of the backbone system to serve the southeast and central 
  3.26  districts of the state patrol. 
  3.27     Sec. 4.  Minnesota Statutes 2002, section 473.898, 
  3.28  subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [AUTHORIZATION.] The council, if requested 
  3.30  by a vote of at least two-thirds of all of the members of the 
  3.31  metropolitan radio board may, by resolution, authorize the 
  3.32  issuance of its revenue bonds for any of the following purposes 
  3.33  to: 
  3.34     (1) provide funds for regionwide mutual aid and emergency 
  3.35  medical services communications; 
  3.36     (2) provide funds for the elements of the first phase of 
  4.1   the regionwide public safety radio communications system that 
  4.2   the board determines are of regionwide benefit and support 
  4.3   mutual aid and emergency medical services communication 
  4.4   including, but not limited to, costs of master controllers of 
  4.5   the backbone; 
  4.6      (3) provide money for the second phase of the public safety 
  4.7   radio communication system; or 
  4.8      (4) provide money for the third phase of the public safety 
  4.9   radio communication system; 
  4.10     (5) to the extent money is available after meeting the 
  4.11  needs described in clauses (1) through (4), to provide money to 
  4.12  reimburse local units of government for amounts expended for 
  4.13  capital improvements to the first phase system previously paid 
  4.14  for by the local government units; or 
  4.15     (6) refund bonds issued under this section. 
  4.16     Sec. 5.  Minnesota Statutes 2002, section 473.898, 
  4.17  subdivision 3, is amended to read: 
  4.18     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
  4.19  bonds issued pursuant to subdivision 1, exclusive of any 
  4.20  original issue discount, shall not exceed the amount of 
  4.21  $10,000,000 plus the amount the council determines necessary to 
  4.22  pay the costs of issuance, fund reserves, debt service, and pay 
  4.23  for any bond insurance or other credit enhancement. 
  4.24     (b) In addition to the amount authorized under paragraph 
  4.25  (a), the council may issue bonds under subdivision 1 in a 
  4.26  principal amount of $3,306,300, plus the amount the council 
  4.27  determines necessary to pay the cost of issuance, fund reserves, 
  4.28  debt service, and any bond insurance or other credit 
  4.29  enhancement.  The proceeds of bonds issued under this paragraph 
  4.30  may not be used to finance portable or subscriber radio sets. 
  4.31     (c) In addition to the amount authorized under paragraphs 
  4.32  (a) and (b), the council may issue bonds under subdivision 1 in 
  4.33  a principal amount of $12,000,000 $20,000,000, plus the amount 
  4.34  the council determines necessary to pay the costs of issuance, 
  4.35  fund reserves, debt service, and any bond insurance or other 
  4.36  credit enhancement.  The proceeds of bonds issued under this 
  5.1   paragraph must be used to pay up to 30 55 percent of the cost to 
  5.2   a local government unit of building a subsystem or making 
  5.3   improvements to an existing 800 MHz radio system that is capable 
  5.4   of interoperation with the regionwide public safety radio and 
  5.5   communications system and may not be used to finance portable or 
  5.6   subscriber radio sets.  The council must time the sale and 
  5.7   issuance of the bonds so that the debt service on the bonds can 
  5.8   be covered by the additional revenue that will become available 
  5.9   in the fiscal year ending June 30, 2005, generated under section 
  5.10  403.11 and appropriated under section 473.901.  
  5.11     (d) In addition to the amount authorized under paragraphs 
  5.12  (a) through (c), the council may issue bonds under subdivision 1 
  5.13  in a principal amount of up to $40,000,000, plus the amount the 
  5.14  council determines necessary to pay the costs of issuance, fund 
  5.15  reserves, debt service, and any bond insurance or other credit 
  5.16  enhancement.  The proceeds of bonds issued under this paragraph 
  5.17  are appropriated to the commissioner of transportation for phase 
  5.18  three of the public safety radio and communications system.  In 
  5.19  anticipation of the receipt by the commissioner of 
  5.20  transportation of the bond proceeds, the metropolitan radio 
  5.21  board may advance money from its operating appropriation to the 
  5.22  commissioner of transportation to pay for design and preliminary 
  5.23  engineering for phase three.  The commissioner of transportation 
  5.24  must return these amounts to the metropolitan radio board when 
  5.25  the bond proceeds are received. 
  5.26     Sec. 6.  Minnesota Statutes 2002, section 473.901, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
  5.29  For each fiscal year beginning with the fiscal year commencing 
  5.30  July 1, 1997, the amount necessary to pay the following costs is 
  5.31  appropriated to the commissioner of administration public safety 
  5.32  from the 911 emergency telephone service account established 
  5.33  under section 403.11: 
  5.34     (1) debt service costs and reserves for bonds issued 
  5.35  pursuant to section 473.898; 
  5.36     (2) repayment of the right-of-way acquisition loans; 
  6.1      (3) costs of design, construction, maintenance of, and 
  6.2   improvements to those elements of the first and, second, and 
  6.3   third phases that support mutual aid communications and 
  6.4   emergency medical services; 
  6.5      (4) recurring charges for leased sites and equipment for 
  6.6   those elements of the first and, second, and third phases that 
  6.7   support mutual aid and emergency medical communication services; 
  6.8   or 
  6.9      (5) aid to local units of government for sites and 
  6.10  equipment in support of mutual aid and emergency medical 
  6.11  communications services. 
  6.12     This appropriation shall be used to pay annual debt service 
  6.13  costs and reserves for bonds issued pursuant to section 473.898 
  6.14  prior to use of fee money to pay other costs eligible under this 
  6.15  subdivision.  In no event shall the appropriation for each 
  6.16  fiscal year exceed an amount equal to four cents a month for 
  6.17  each customer access line or other basic access service, 
  6.18  including trunk equivalents as designated by the public 
  6.19  utilities commission for access charge purposes and including 
  6.20  cellular and other nonwire access services, in the fiscal year.  
  6.21  Beginning July 1, 2004, this amount will increase to 5.5 13 
  6.22  cents a month.  
  6.23     Sec. 7.  Minnesota Statutes 2002, section 473.902, 
  6.24  subdivision 1, is amended to read: 
  6.25     Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
  6.26  current costs of the board in implementing the regionwide public 
  6.27  safety radio communication plan system and the first and, second 
  6.28  , and third phase systems shall be allocated among and paid by 
  6.29  the following users, all in accordance with the regionwide 
  6.30  public safety radio system communication plan adopted by the 
  6.31  board: 
  6.32     (1) the state of Minnesota for its operations using the 
  6.33  system in the metropolitan counties; 
  6.34     (2) all local government units using the system; and 
  6.35     (3) other eligible users of the system. 
  6.36     Sec. 8.  Minnesota Statutes 2002, section 473.902, 
  7.1   subdivision 3, is amended to read: 
  7.2      Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO BOARD.] 
  7.3   Each local government and other eligible users of the first or, 
  7.4   second, or third phase system shall pay to the board all sums 
  7.5   charged to it under this section, at the times and in the manner 
  7.6   determined by the board.  The governing body of each local 
  7.7   government shall take all action that may be necessary to 
  7.8   provide the funds required for these payments and to make them 
  7.9   when due.  
  7.10     Sec. 9.  Minnesota Statutes 2002, section 473.902, 
  7.11  subdivision 5, is amended to read: 
  7.12     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
  7.13  any local government using the first or, second, or third phase 
  7.14  system fails to meet any payment to the board under subdivision 
  7.15  1 when due, the metropolitan council may certify to the auditor 
  7.16  of the county in which the government unit is located the amount 
  7.17  required for payment of the amount due with interest at six 
  7.18  percent per year.  The auditor shall levy and extend the amount 
  7.19  due, with interest, as a tax upon all taxable property in the 
  7.20  government unit for the next calendar year, free from any 
  7.21  existing limitations imposed by law or charter.  This tax shall 
  7.22  be collected in the same manner as the general taxes of the 
  7.23  government unit, and the proceeds of the tax, when collected, 
  7.24  shall be paid by the county treasurer to the board and credited 
  7.25  to the government unit for which the tax was levied.  
  7.26     Sec. 10.  [APPROPRIATION.] 
  7.27     $10,255,000 is appropriated from the 911 emergency 
  7.28  telecommunications service account in the special revenue fund 
  7.29  to the commissioner of public safety for the purposes indicated 
  7.30  in this section, to be available for the fiscal year ending June 
  7.31  30 in the years indicated. 
  7.32                                            2004           2005
  7.33                                       $             $
  7.34  (a) Public Safety
  7.35  Answering Points                          -0-         9,323,000
  7.36  (b) Medical Resource
  7.37  Communication Centers                     -0-           932,000
  8.1   For a grant to the Minnesota emergency 
  8.2   medical services regulatory board for 
  8.3   the Metro East and Metro West medical 
  8.4   resource communication centers.