1.1                          A bill for an act 
  1.2             relating to the public safety radio and communication 
  1.3             system; transforming the Public Safety Radio System 
  1.4             Planning Committee into the Statewide Radio Board; 
  1.5             changing the composition of the Metropolitan Radio 
  1.6             Board and providing for the transfer of its 
  1.7             responsibilities to a regional radio board and the 
  1.8             Statewide Radio Board; providing for the composition 
  1.9             and responsibilities of the Statewide Radio Board; 
  1.10            providing for establishment of regional radio boards 
  1.11            and various advisory committees; allocating 
  1.12            responsibility for requesting that the Metropolitan 
  1.13            Council sell bonds for construction of the public 
  1.14            safety radio and communication system; amending 
  1.15            Minnesota Statutes 2003 Supplement, sections 403.21, 
  1.16            subdivisions 1, 2, 3, 5, 8, 9, 10, by adding 
  1.17            subdivisions; 403.22, subdivisions 1, 2; 403.23, 
  1.18            subdivision 3; 403.27, subdivision 1; 403.35; 403.36; 
  1.19            proposing coding for new law in Minnesota Statutes, 
  1.20            chapter 403; repealing Laws 1995, chapter 195, article 
  1.21            1, section 18, as amended. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  [403.20] [SYSTEM NAME.] 
  1.24     The statewide, shared, trunked radio and communication 
  1.25  system established under section 403.36 may be referred to as 
  1.26  "Allied Radio Matrix for Emergency Response" or "ARMER." 
  1.27     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.28  403.21, subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [APPLICATIONS.] The definitions in this 
  1.30  section apply to sections 403.21 to 403.34 403.40. 
  1.31     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  1.32  403.21, subdivision 2, is amended to read: 
  1.33     Subd. 2.  [BOARD.] "Board" or "radio board" or 
  2.1   "Metropolitan Radio Board" means the Metropolitan Radio Board or 
  2.2   its successor regional radio board.  
  2.3      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  2.4   403.21, subdivision 3, is amended to read: 
  2.5      Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
  2.6   the regionwide public safety radio communications communication 
  2.7   system" means the initial backbone which serves the following 
  2.8   nine-county metropolitan area:  Anoka, Carver, Chisago, Dakota, 
  2.9   Hennepin, Isanti, Ramsey, Scott, and Washington Counties. 
  2.10     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  2.11  403.21, subdivision 5, is amended to read: 
  2.12     Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means any 
  2.13  county, home rule charter or statutory city, or town, lying in 
  2.14  whole or in part within the metropolitan area. 
  2.15     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  2.16  403.21, subdivision 8, is amended to read: 
  2.17     Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
  2.18  radio subsystems" means systems identified in the plan as 
  2.19  subsystems interconnected by the first phase system backbone in 
  2.20  subsequent phases and operated by the Metropolitan Radio Board, 
  2.21  a regional radio board, or local government units for their own 
  2.22  internal operations. 
  2.23     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  2.24  403.21, subdivision 9, is amended to read: 
  2.25     Subd. 9.  [SYSTEM; BACKBONE SYSTEM.] "System backbone" or 
  2.26  "backbone system" means a regionwide public safety radio 
  2.27  communication system that consists of a shared regionwide, 
  2.28  trunked, communication, and interoperability infrastructure 
  2.29  network, including, but not limited to, radio towers and 
  2.30  associated structures and equipment, the elements of which are 
  2.31  identified in the regionwide public safety radio communications 
  2.32  communication system plan, and subsystems interconnected by the 
  2.33  shared regionwide network under section 403.23, subdivision 6, 
  2.34  and the statewide radio communication plan under section 403.36. 
  2.35     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  2.36  403.21, subdivision 10, is amended to read: 
  3.1      Subd. 10.  [SECOND PHASE.] "Second phase" means the 
  3.2   Metropolitan Radio Board providing assistance to enhancement of 
  3.3   the phase one backbone by local government units building 
  3.4   subsystems in the metropolitan area that did not build their own 
  3.5   subsystems in the first phase. 
  3.6      Sec. 9.  Minnesota Statutes 2003 Supplement, section 
  3.7   403.21, is amended by adding a subdivision to read: 
  3.8      Subd. 12.  [GREATER MINNESOTA.] "Greater Minnesota" means 
  3.9   the area of the state outside the nine-county metropolitan area 
  3.10  served by the first phase.  
  3.11     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  3.12  403.21, is amended by adding a subdivision to read: 
  3.13     Subd. 13.  [REGIONAL RADIO BOARD.] "Regional radio board" 
  3.14  or "regional board" means a regional radio board established 
  3.15  under section 403.39. 
  3.16     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  3.17  403.22, subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [GENERAL.] The Metropolitan Radio Board is 
  3.19  established as a political subdivision with jurisdiction in the 
  3.20  counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, 
  3.21  Ramsey, Scott, and Washington.  The board shall be organized, 
  3.22  structured, and administered as provided in this section.  Until 
  3.23  funds to administer the board become available under section 
  3.24  403.23, subdivision 19, the Metropolitan Council shall provide 
  3.25  office space and administrative support to the board at no cost. 
  3.26     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  3.27  403.22, subdivision 2, is amended to read: 
  3.28     Subd. 2.  [MEMBERSHIP.] The board consists of 17 21 
  3.29  members.  Fifteen Seventeen members shall be local officials and 
  3.30  shall include:  
  3.31     (1) one county commissioner appointed by each respective 
  3.32  county board from each of the seven metropolitan counties in the 
  3.33  board's jurisdiction; 
  3.34     (2) an elected official from each of the cities of 
  3.35  Minneapolis, St. Paul, and Bloomington appointed by each 
  3.36  respective city governing body; 
  4.1      (3) two elected officials from other metropolitan cities 
  4.2   appointed by the governor, who shall consider recommendations 
  4.3   made by the Association of Metropolitan Municipalities when 
  4.4   making these appointments; 
  4.5      (4) an elected official from a county or a city within a 
  4.6   county in Minnesota that is contiguous to the metropolitan area 
  4.7   appointed by the governor, who shall consider recommendations 
  4.8   made by the League of Minnesota Cities when making this 
  4.9   appointment; 
  4.10     (5) a sheriff appointed by the governor, who shall consider 
  4.11  recommendations made by the Metropolitan Sheriffs Association 
  4.12  when making this appointment; and 
  4.13     (6) a police chief appointed by the governor, who shall 
  4.14  consider recommendations made by the Minnesota Police Chiefs 
  4.15  Association when making this appointment.  
  4.16  The 16th 18th member shall be a member of the Metropolitan 
  4.17  Council appointed by the council.  The 17th 19th member shall be 
  4.18  the director of electronic communications of the Minnesota 
  4.19  Department of Transportation.  The 20th member shall be the 
  4.20  commissioner of public safety, or a designee of the 
  4.21  commissioner.  As provided in section 403.23, subdivision 20, 
  4.22  the chair of the Technical Operations Committee serves as an ex 
  4.23  officio the 21st member of the board. 
  4.24     The members shall be appointed within 30 days of the 
  4.25  effective date of Laws 1995, chapter 195.  Upon the effective 
  4.26  date of Laws 1995, chapter 195, the Metropolitan Council shall 
  4.27  inform the entities listed in this subdivision of the 
  4.28  appointments required by this subdivision and shall provide 
  4.29  whatever assistance is necessary to facilitate the appointment 
  4.30  process and establish the radio board.  
  4.31     Board members have no set term and remain on the board 
  4.32  until a successor is appointed as provided by this subdivision.  
  4.33  However, with respect to those board members who, under this 
  4.34  subdivision, must be elected officials, a successor must be 
  4.35  appointed as provided by this subdivision no later than the date 
  4.36  that a member is no longer an elected official, unless the 
  5.1   member dies while in office, in which case a successor must be 
  5.2   named as soon as practicable. 
  5.3      Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  5.4   403.23, subdivision 3, is amended to read: 
  5.5      Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
  5.6   adoption of the regionwide public safety radio system 
  5.7   communication plan the commissioner of transportation, on behalf 
  5.8   of the state of Minnesota, shall use the plan, adopted by the 
  5.9   board under subdivision 2 to submit an extended implementation 
  5.10  application to the Federal Communications Commission (FCC) for 
  5.11  the NPSPAC channels and other public safety frequencies 
  5.12  available for use in the metropolitan area and necessary to 
  5.13  implement the plan.  Local governments and all other public or 
  5.14  private entities eligible under part 90 of the FCC rules shall 
  5.15  not apply for public safety channels in the 821 to 824 and 866 
  5.16  to 869 megahertz bands for use within the metropolitan counties 
  5.17  until the FCC takes final action on the regional application 
  5.18  submitted under this section.  Exceptions to the restrictions on 
  5.19  the application for the NPSPAC channels may be granted by the 
  5.20  radio board.  The Minnesota Department of Transportation shall 
  5.21  hold the master system licenses for all public safety 
  5.22  frequencies assigned to the first phase under the board's plan 
  5.23  and these channels shall must be used for the implementation of 
  5.24  the plan.  The radio board shall hold the master system licenses 
  5.25  for the public safety frequencies assigned to local government 
  5.26  subsystems under the board's plan and these channels shall must 
  5.27  be used for implementation of the plan.  Upon approval by the 
  5.28  board of a local government's subsystem plan and evidence of a 
  5.29  signed contract with a vendor for construction of a subsystem 
  5.30  consistent with the board's system plan, the board shall apply 
  5.31  to the FCC to transfer to the local government the licenses for 
  5.32  the public safety frequencies assigned by the plan for use in 
  5.33  the network infrastructure owned by the local government.  The 
  5.34  radio board, the commissioner of the Minnesota Department of 
  5.35  Transportation, and local subsystem owners shall jointly 
  5.36  colicense all subscriber equipment for the system backbone 
  6.1   system. 
  6.2      Sec. 14.  Minnesota Statutes 2003 Supplement, section 
  6.3   403.27, subdivision 1, is amended to read: 
  6.4      Subdivision 1.  [AUTHORIZATION.] (a) After consulting with 
  6.5   the commissioner of finance, the council, if requested by a vote 
  6.6   of at least two-thirds of all of the members of the Public 
  6.7   Safety Radio Communication System Planning Committee established 
  6.8   under section 403.36 Metropolitan Radio Board, may, by 
  6.9   resolution, authorize the issuance of its revenue bonds for any 
  6.10  of the following purposes to: 
  6.11     (1) provide funds for regionwide mutual aid and emergency 
  6.12  medical services communications; 
  6.13     (2) provide funds for the elements of the first phase of 
  6.14  the regionwide public safety radio communications communication 
  6.15  system that the board determines are of regionwide benefit and 
  6.16  support mutual aid and emergency medical services communication 
  6.17  including, but not limited to, costs of master controllers of 
  6.18  the backbone; 
  6.19     (3) provide money for the second phase of the public safety 
  6.20  radio communication system; 
  6.21     (4) provide money for the third phase of the public safety 
  6.22  radio communication system; 
  6.23     (5) to the extent money is available after meeting the 
  6.24  needs described in clauses (1) to (3), provide money to 
  6.25  reimburse local units of government for amounts expended for 
  6.26  capital improvements to the first phase system previously paid 
  6.27  for by the local government units; or 
  6.28     (6) (5) refund bonds issued under this section. 
  6.29     (b) After consulting with the commissioner of finance, the 
  6.30  council, if requested by a vote of at least two-thirds of all of 
  6.31  the members of the Statewide Radio Board may, by resolution, 
  6.32  authorize the issuance of its revenue bonds to provide money for 
  6.33  the third phase of the public safety radio communication system. 
  6.34     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
  6.35  403.35, is amended to read: 
  6.36     403.35 [REPORT TO LEGISLATURE CONTINUATION OF ENHANCEMENTS 
  7.1   TO REGIONAL SYSTEM.] 
  7.2      The Metropolitan Radio Board shall report to the 
  7.3   legislature no later than March 1, 2000, concerning the status 
  7.4   of the 800-MHz system.  The report shall include:  projected 
  7.5   cost of the system; identification of groups of taxpayers or 
  7.6   persons who pay fees who will pay for each part of the system; 
  7.7   the number of radios purchased by any government unit; and an 
  7.8   identification of manufacturers that have agreed to, or are 
  7.9   expected to respond to requests for proposals to, deliver radios 
  7.10  to the state or any government unit in connection with the 
  7.11  800-MHz project.  Upon the transition of the Metropolitan Radio 
  7.12  Board to a regional radio board under section 403.39, the 
  7.13  Metropolitan Radio Board may continue the planning, 
  7.14  implementation, operation, and maintenance of the second phase 
  7.15  and of local and regional enhancements to the system backbone.  
  7.16  The Metropolitan Radio Board may retain property, interests, 
  7.17  obligations, and rules that relate exclusively to the planning, 
  7.18  implementation, operation, and maintenance of the second phase 
  7.19  and to local and regional enhancements to the system backbone.  
  7.20  Where the property, interests, and obligations of the 
  7.21  Metropolitan Radio Board are combined with elements of the 
  7.22  system backbone, the commissioner of public safety, the 
  7.23  Statewide Radio Board, and the Metropolitan Radio Board shall 
  7.24  formulate and submit to the legislature by February 1, 2005, a 
  7.25  plan, consistent with the public safety radio system 
  7.26  communication plan, specifying the terms and conditions under 
  7.27  which the combined property, interests, or obligations will be 
  7.28  jointly maintained.  
  7.29     Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  7.30  403.36, is amended to read: 
  7.31     403.36 [PUBLIC SAFETY STATEWIDE RADIO SYSTEM PLANNING 
  7.32  COMMITTEE BOARD.] 
  7.33     Subdivision 1.  [PLANNING COMMITTEE MEMBERSHIP.] (a) The 
  7.34  commissioner of public safety shall convene and chair a planning 
  7.35  committee the Statewide Radio Board to develop a project plan 
  7.36  for a statewide, shared, trunked public safety radio 
  8.1   communication system.  The system may be referred to as "Allied 
  8.2   Radio Matrix for Emergency Response," or "ARMER." 
  8.3      (b) The planning committee board consists of the following 
  8.4   members or their designees: 
  8.5      (1) the commissioner of public safety; 
  8.6      (2) the commissioner of transportation; 
  8.7      (3) the commissioner of administration; 
  8.8      (4) the commissioner of natural resources; 
  8.9      (5) the chief of the Minnesota State Patrol; 
  8.10     (6) the commissioner of health; 
  8.11     (7) the commissioner of finance; 
  8.12     (8) two elected city officials, one from the nine-county 
  8.13  metropolitan area and one from Greater Minnesota, appointed by 
  8.14  the governing body of the League of Minnesota Cities; 
  8.15     (9) two elected county officials, one from the nine-county 
  8.16  metropolitan area and one from Greater Minnesota, appointed by 
  8.17  the governing body of the Association of Minnesota Counties; 
  8.18     (10) two sheriffs, one from the nine-county metropolitan 
  8.19  area and one from Greater Minnesota, appointed by the governing 
  8.20  body of the Minnesota Sheriffs' Association; 
  8.21     (11) two chiefs of police, one from the nine-county 
  8.22  metropolitan area and one from Greater Minnesota, appointed by 
  8.23  the governor after considering recommendations made by the 
  8.24  Minnesota Chiefs' of Police Association; 
  8.25     (12) two fire chiefs, one from the nine-county metropolitan 
  8.26  area and one from Greater Minnesota, appointed by the governor 
  8.27  after considering recommendations made by the Minnesota Fire 
  8.28  Chiefs' Association; 
  8.29     (13) two representatives of emergency medical service 
  8.30  providers, one from the nine-county metropolitan area and one 
  8.31  from Greater Minnesota, appointed by the governor after 
  8.32  considering recommendations made by the Minnesota Ambulance 
  8.33  Association; 
  8.34     (14) the chair of the Metropolitan Radio Board; and 
  8.35     (6) the president of the Minnesota Sheriffs' Association; 
  8.36     (7) a representative of the League of Minnesota Cities from 
  9.1   the metropolitan area; 
  9.2      (8) a representative of the League of Minnesota Cities from 
  9.3   Greater Minnesota; and 
  9.4      (9) a representative of the Association of Minnesota 
  9.5   Counties from Greater Minnesota 
  9.6      (15) a representative of Greater Minnesota elected by those 
  9.7   units of government in phase three and any subsequent phase of 
  9.8   development as defined in the statewide, shared radio and 
  9.9   communication plan, who have submitted a plan to the Statewide 
  9.10  Radio Board and where development has been initiated. 
  9.11     Additionally, the commissioner of finance or a designee 
  9.12  shall serve on the committee as a nonvoting member.  The 
  9.13  Statewide Radio Board shall coordinate the appointment of board 
  9.14  members representing Greater Minnesota with the appointing 
  9.15  authorities and may designate the geographic region or regions 
  9.16  from which an appointed board member is selected where necessary 
  9.17  to provide representation from throughout the state.  
  9.18     Subd. 1a.  [TERMS.] Board members have no set term and 
  9.19  remain on the board until a successor is appointed as provided 
  9.20  in subdivision 1.  However, with respect to those board members 
  9.21  who, under subdivision 1, must be elected officials, a successor 
  9.22  must be appointed as provided in subdivision 1 no later than the 
  9.23  date that the member is no longer an elected official, unless 
  9.24  the member dies while in office, in which case a successor must 
  9.25  be named as soon as practicable.  
  9.26     Subd. 1b.  [COMPENSATION; REMOVAL; 
  9.27  VACANCIES.] Compensation, removal, and filling of vacancies of 
  9.28  board members are governed by section 15.0575, except that 
  9.29  appointments to the board are not subject to the open 
  9.30  appointments process of sections 15.0597 to 15.0599.  
  9.31     Subd. 1c.  [VOTING.] Each member has one vote.  The 
  9.32  majority of the voting power of the board constitutes a quorum, 
  9.33  although a smaller number may adjourn from time to time.  Any 
  9.34  motion, other than adjournment, must be favored by a majority of 
  9.35  the voting power of the board in order to carry.  
  9.36     Subd. 1d.  [CALLING A MEETING.] The board shall convene 
 10.1   upon the call of the chair or any six members of the board.  
 10.2      (c) Subd. 1e.  [IMPLEMENT PLAN AND ESTABLISH STATEWIDE 
 10.3   SYSTEM.] The planning committee must implement the Statewide 
 10.4   Radio Board has overall responsibility for the statewide, shared 
 10.5   radio and communication system project plan and establish the 
 10.6   statewide, shared trunked radio and communications system.  The 
 10.7   commissioner of public safety is designated as the chair of the 
 10.8   planning committee shall implement the plan adopted by the 
 10.9   Statewide Radio Board.  The commissioner of public safety and 
 10.10  the planning committee have overall responsibility for the 
 10.11  successful completion of statewide communications infrastructure 
 10.12  system integration shall contract with the commissioner of 
 10.13  transportation to construct, own, operate, maintain, and enhance 
 10.14  the elements of the backbone system defined in the plan.  The 
 10.15  commissioner of transportation, under appropriate state law, 
 10.16  shall contract for, or procure by purchase or lease, (including 
 10.17  joint purchase and lease agreements), construction, installation 
 10.18  of materials, supplies and equipment, and other services as may 
 10.19  be needed to build, operate, and maintain the system backbone.  
 10.20  The Department of Transportation shall own, operate, and 
 10.21  maintain those elements identified in the project plan as the 
 10.22  system backbone, including, but not limited to, radio towers and 
 10.23  associated structures and equipment related to the system 
 10.24  backbone.  
 10.25     (d) Subd. 1f.  [ADVISORY GROUPS.] (a) The planning 
 10.26  committee must Statewide Radio Board shall establish one or more 
 10.27  advisory groups for the purpose of advising on the plan, design, 
 10.28  implementation, and administration of the statewide, shared 
 10.29  trunked radio and communications communication system.  
 10.30     (b) At least one such group must consist of the following 
 10.31  members: 
 10.32     (1) the chair of the Metropolitan Radio Board and the chair 
 10.33  of each regional radio board or, if no regional radio board has 
 10.34  been formed, a representative of each region of development as 
 10.35  defined in the statewide, shared, trunked radio and 
 10.36  communication plan, once planning and development have been 
 11.1   initiated for the region, or a designee; 
 11.2      (2) the chief of the Minnesota State Patrol or a designee; 
 11.3      (3) a representative of the Minnesota State Sheriffs' 
 11.4   Association; 
 11.5      (4) a representative of the Minnesota Chiefs of Police 
 11.6   Association; and 
 11.7      (5) a representative of the Minnesota Fire Chiefs' 
 11.8   Association; and 
 11.9      (6) a representative of the Emergency Medical Services 
 11.10  Board. 
 11.11     Subd. 2.  [PLAN CONTENTS.] (a) The statewide, shared radio 
 11.12  and communications communication system project plan must 
 11.13  include: 
 11.14     (1) standards, guidelines, and comprehensive design for the 
 11.15  system, including use and integration of existing public and 
 11.16  private communications infrastructure; 
 11.17     (2) proposed project implementation schedule, phases, and 
 11.18  estimated costs for each phase of the plan; 
 11.19     (3) recommended statutory changes required for effective 
 11.20  implementation and administration of the statewide, shared 
 11.21  trunked radio and communications communication system; and 
 11.22     (4) establishment of a permanent governance structure to 
 11.23  manage, administer, and operate the statewide, shared trunked 
 11.24  radio system as it becomes operational; and 
 11.25     (5) a policy for the lease of excess space or capacity on 
 11.26  systems constructed under the project plan, consistent with 
 11.27  section 174.70, subdivision 2, with priority given first to 
 11.28  local units of government for public safety 
 11.29  communications communication transmission needs and second to 
 11.30  any other communications transmission needs of either the public 
 11.31  or private sector. 
 11.32     (b) The planning committee Statewide Radio Board must 
 11.33  ensure that generally accepted project management techniques are 
 11.34  utilized for each project or phase of the backbone of the 
 11.35  statewide, shared radio and communications communication system 
 11.36  consistent with guidelines of the Project Management Office of 
 12.1   the Office of Technology: 
 12.2      (1) clear sponsorship; 
 12.3      (2) scope management; 
 12.4      (3) project planning, control, and execution; 
 12.5      (4) continuous risk assessment and mitigation; 
 12.6      (5) cost management; 
 12.7      (6) quality management reviews; 
 12.8      (7) communications management; and 
 12.9      (8) proven methodology. 
 12.10     Subd. 3.  [LOCAL FINANCING.] A local unit of government 
 12.11  that receives state funds for integration with the statewide, 
 12.12  shared, trunked radio and communications communication system 
 12.13  must agree to participate in the system have a plan approved by 
 12.14  the Statewide Radio Board and must comply with the standards and 
 12.15  guidelines contained in the project plan.  The planning 
 12.16  committee Statewide Radio Board must review and approve all 
 12.17  local and regional planning initiatives, including bonds issued 
 12.18  under section 373.47, for connectivity to the system to assure 
 12.19  compatibility, interoperability and integration support with the 
 12.20  system and plan standards.  As part of the review, and prior to 
 12.21  approving the issuance of bonds under section 373.47, the 
 12.22  planning committee Statewide Radio Board must require, and a 
 12.23  county or local unit of government must provide, a detailed plan 
 12.24  including a budget and detailed cost estimates.  
 12.25     Subd. 4.  [REPORTING.] By November 15, 2002 In conjunction 
 12.26  with each biennial budget process, the planning 
 12.27  committee Statewide Radio Board must submit a status report to 
 12.28  the governor and to the chairs and ranking minority members of 
 12.29  the house and senate committees with jurisdiction over capital 
 12.30  investment and criminal justice funding and policy along with 
 12.31  any proposed statutory changes and funding options to allow for 
 12.32  consideration in the 2004-2005 biennial budget process.  By 
 12.33  January 15, 2003, the planning committee must submit the project 
 12.34  plan to the governor and to the above named legislators and must 
 12.35  immediately thereafter commence execution of the plan.  The 
 12.36  report must include a substantive assessment and evaluation of 
 13.1   each significant part of the implementation of the statewide 
 13.2   public safety radio plan with (1) to the extent possible, an 
 13.3   update on risks and mitigation strategies; and (2) quantitative 
 13.4   information on the status, progress, costs, benefits, and 
 13.5   effects or those efforts.  
 13.6      Sec. 17.  [403.37] [POWERS OF STATEWIDE RADIO BOARD.] 
 13.7      Subdivision 1.  [GENERAL.] In addition to any other powers 
 13.8   specifically provided by law, the Statewide Radio Board has the 
 13.9   powers given in this section.  
 13.10     Subd. 2.  [PLANNING.] The board shall coordinate the 
 13.11  statewide, shared radio and communication system project plan 
 13.12  with local and regional plans and modify the plan as necessary 
 13.13  to facilitate the implementation of the backbone of the 
 13.14  statewide, shared radio and communication system.  
 13.15     Subd. 3.  [SYSTEM ARCHITECTURE.] The board shall define the 
 13.16  backbone of the system, the timing and regions of system 
 13.17  backbone development, the geographic scope of each region, and 
 13.18  the standards for system backbone performance necessary to 
 13.19  assure systemwide development that maximizes interoperability 
 13.20  throughout the system.  
 13.21     Subd. 4.  [IMPLEMENTATION.] The board shall oversee the 
 13.22  implementation of the plan and ensure that the system is built, 
 13.23  owned, operated, and maintained in accordance with the plan.  
 13.24     Subd. 5.  [ASSIGNMENT OF FREQUENCIES.] The board shall 
 13.25  oversee the assignment of frequencies to local users and to 
 13.26  subsystems.  
 13.27     Subd. 6.  [COST APPORTIONMENT.] The board shall determine 
 13.28  how capital and operating costs of the system backbone are 
 13.29  apportioned to users, including the cost of additional 
 13.30  participants.  
 13.31     Subd. 7.  [EXCESS CAPACITY ALLOCATION.] The board shall 
 13.32  determine how excess capacity provided in the system backbone 
 13.33  design will be allocated.  
 13.34     Subd. 8.  [SYSTEM ENHANCEMENTS.] The board shall coordinate 
 13.35  the extent to which local governments, quasi-public service 
 13.36  corporations, and private entities eligible to use the system 
 14.1   may provide system enhancements at their own expense.  
 14.2      Subd. 9.  [TECHNICAL STANDARDS.] The board shall establish 
 14.3   and enforce performance and technical standards for the 
 14.4   operation of the system backbone.  
 14.5      Subd. 10.  [PROTOCOLS.] The board shall establish and 
 14.6   enforce priorities or protocols for the system that facilitate 
 14.7   statewide uniformity.  
 14.8      Subd. 11.  [INTEGRATION.] The board shall coordinate the 
 14.9   integration of the statewide, shared radio and communication 
 14.10  system among regions, adjoining states, federal entities, and to 
 14.11  the extent permitted by law, with Canadian public safety 
 14.12  entities.  
 14.13     Subd. 12.  [ALLOCATION OF MONEY.] The board shall allocate 
 14.14  money available to the Statewide Radio Board among regional 
 14.15  radio boards or to local entities within a region to encourage 
 14.16  local and regional participation in the system.  This does not 
 14.17  limit the authority of regional radio boards and local entities 
 14.18  to individually or collectively seek funding of local and 
 14.19  regional enhancements and subsystems to the system backbone.  
 14.20     Sec. 18.  [403.38] [STATEWIDE INTEGRATION.] 
 14.21     Notwithstanding any provision to the contrary in sections 
 14.22  403.21 to 403.40, the Statewide Radio Board has the final 
 14.23  authority over technical and operational standards necessary to 
 14.24  provide for the development and implementation of a statewide 
 14.25  backbone that maximizes the integration of the public safety 
 14.26  radio communication system throughout the state, including the 
 14.27  backbone previously established by the Metropolitan Radio 
 14.28  Board.  Technical and operational standards that do not 
 14.29  interfere with the integration of the system may be established 
 14.30  locally or regionally.  
 14.31     Sec. 19.  [403.39] [REGIONAL RADIO BOARDS.] 
 14.32     Subdivision 1.  [ESTABLISHMENT.] Notwithstanding the 
 14.33  provisions of section 471.59, subdivision 1, requiring 
 14.34  commonality of powers, two or more counties or a city and one or 
 14.35  more counties within a region defined in the Statewide Radio 
 14.36  Board's project plan under section 403.36, through action of 
 15.1   their governing bodies, by adoption of a joint powers agreement 
 15.2   that complies with section 471.59, subdivisions 1 to 5, may 
 15.3   establish a regional radio board to implement, maintain, and 
 15.4   operate regional and local improvements to the statewide, 
 15.5   shared, trunked radio and communication system provided for in 
 15.6   section 403.36.  Membership in a regional radio board shall 
 15.7   include one county commissioner appointed by each respective 
 15.8   county board party to the joint powers agreement and an elected 
 15.9   official from any city party to the joint powers agreement, and 
 15.10  may include additional members whose qualifications are 
 15.11  specified in the joint powers agreement.  
 15.12     Subd. 2.  [POWERS.] In addition to the powers enumerated in 
 15.13  section 471.59, a regional radio board, as necessary and 
 15.14  convenient to implement regional and local improvements to the 
 15.15  statewide, shared, trunked radio and communication system 
 15.16  provided for in section 403.36, has the following powers:  
 15.17     (1) to establish bylaws and other organizational procedures 
 15.18  consistent with the terms of the joint powers agreement; 
 15.19     (2) to apply for and hold licenses for public safety 
 15.20  frequencies to be used in regional and local improvements, 
 15.21  including a regional data system; 
 15.22     (3) to set or adopt regional performance and technical 
 15.23  standards, subject to review by the Statewide Radio Board, that 
 15.24  do not interfere with the backbone or interoperability 
 15.25  infrastructure administered by the Statewide Radio Board; 
 15.26     (4) to enter into contracts necessary to carry out its 
 15.27  responsibilities; 
 15.28     (5) to acquire by purchase, lease, gift, or grant, 
 15.29  property, both real and personal, and interests in property 
 15.30  necessary for the accomplishment of its purposes and to sell or 
 15.31  otherwise dispose of property it no longer requires; and 
 15.32     (6) to contract with the state of Minnesota, through the 
 15.33  commissioner of transportation, for construction, ownership, 
 15.34  operation, and maintenance of regional or local improvements to 
 15.35  the statewide, shared, trunked radio and communication system.  
 15.36     Subd. 3.  [RELATIONSHIP TO LOCAL GOVERNMENTS.] Where a 
 16.1   regional radio board has been established in accordance with 
 16.2   this section, local governments and other public entities 
 16.3   eligible under part 90 of the FCC rules to operate upon a 
 16.4   statewide, shared public safety radio and communication system 
 16.5   within the region covered by the regional radio board must 
 16.6   coordinate its implementation through one of the parties to the 
 16.7   joint powers agreement.  For purposes of grants made available 
 16.8   by the Department of Public Safety, a regional radio board is 
 16.9   entitled to apply for and receive a grant on behalf of one or 
 16.10  more counties who are a party to the joint powers agreement.  
 16.11     Sec. 20.  [403.40] [ADVISORY COMMITTEES.] 
 16.12     Subdivision 1.  [REGIONAL ADVISORY COMMITTEES.] The 
 16.13  Statewide Radio Board shall facilitate the formation of a 
 16.14  regional advisory committee in each region of development.  A 
 16.15  regional advisory committee may create a regional radio board 
 16.16  under section 403.39 and conduct its affairs in accordance with 
 16.17  the joint powers agreement.  During the initial phase of 
 16.18  development within a region, the Statewide Radio Board shall act 
 16.19  cooperatively with the regional advisory committee or the 
 16.20  regional radio board to complete development of the basic 
 16.21  communication infrastructure and interoperability infrastructure.
 16.22  Upon the completion of the initial phase of development within a 
 16.23  region, the Statewide Radio Board shall cooperate with and 
 16.24  assist the regional advisory committee or the regional radio 
 16.25  board in implementing its regional plan and with subsequent 
 16.26  development within the region.  
 16.27     Subd. 2.  [TOPICAL ADVISORY COMMITTEES.] The Statewide 
 16.28  Radio Board may establish the following additional advisory 
 16.29  committees with representatives from each region of 
 16.30  implementation to advise on the following topical areas:  
 16.31     (1) a committee of users representing all regions where the 
 16.32  system backbone has been implemented to make recommendations on 
 16.33  how capital and operating costs of the system should be 
 16.34  apportioned among users, including the cost of additional 
 16.35  participants; 
 16.36     (2) a systems manager committee to make recommendations on 
 17.1   performance and operational standards for the system to the 
 17.2   extent that performance and operational standards impact the 
 17.3   operation of the system backbone and interoperability 
 17.4   infrastructure; and 
 17.5      (3) an operations and technical committee to make 
 17.6   recommendations on the plan and operational issues related to 
 17.7   the technical aspects of the system backbone and 
 17.8   interoperability infrastructure.  
 17.9      Sec. 21.  [REPORT.] 
 17.10     By February 1, 2005, the Metropolitan Radio Board shall 
 17.11  make a detailed report to the governor and to the legislature on 
 17.12  the following items:  
 17.13     (1) allocation of operating costs, as provided for in 
 17.14  Minnesota Statutes, section 403.31, subdivision 1; 
 17.15     (2) cost apportionment, as provided for in Minnesota 
 17.16  Statutes, section 403.23, subdivision 8, including the costs of 
 17.17  additional participants; and 
 17.18     (3) user fees, as provided for in Minnesota Statutes, 
 17.19  section 403.23, subdivision 19.  
 17.20     The report shall provide a detailed accounting of system 
 17.21  infrastructure costs, operating costs, and maintenance costs to 
 17.22  be apportioned among the backbone, regional improvements to the 
 17.23  backbone, and subsystems, with a discussion of alternative 
 17.24  methods of apportioning those costs among users and new 
 17.25  participants.  The report shall outline the current status of 
 17.26  the allocation of operating costs, cost apportionment, and user 
 17.27  fees and how the board anticipates to deal with those items 
 17.28  before July 1, 2006, and how those items will be addressed once 
 17.29  local enhancements are substantially completed.  
 17.30     Sec. 22.  [TRANSFER OF RESPONSIBILITIES.] 
 17.31     On July 1, 2006, the responsibilities of the Metropolitan 
 17.32  Radio Board under Minnesota Statutes, sections 403.21 to 403.34, 
 17.33  that have not been assumed by the Metropolitan Radio Board as a 
 17.34  regional radio board established under Minnesota Statutes, 
 17.35  section 403.39, are transferred to the Statewide Radio Board 
 17.36  under Minnesota Statutes, section 15.039.  
 18.1      Sec. 23.  [REPEALER.] 
 18.2      Laws 1995, chapter 195, article 1, section 18, as amended 
 18.3   by Laws 1999, chapter 238, article 2, section 78, and Laws 2001, 
 18.4   chapter 176, section 1, is repealed. 
 18.5      Sec. 24.  [EFFECTIVE DATE.] 
 18.6      This act is effective the day following final enactment.