HF 669

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 04/24/2013 04:16 p.m.

1.1A bill for an act 1.2relating to public safety; expanding and updating the authority of the Statewide 1.3Radio Board to include the latest emergency communication technologies; 1.4authorizing the Statewide Radio Board to elect to become a statewide emergency 1.5communication board; including tribal governments in regional radio board 1.6structure; providing comprehensive authority under board to address all 1.7emergency communications; providing for rulemaking;amending Minnesota 1.8Statutes 2012, sections 403.21, subdivisions 2, 13, by adding a subdivision; 1.9403.37, subdivision 1; 403.38; 403.39; 403.40, subdivision 2; proposing coding 1.10for new law in Minnesota Statutes, chapter 403; repealing Minnesota Statutes 1.112012, sections 403.21, subdivision 6; 403.33. 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13    Section 1. Minnesota Statutes 2012, section 403.21, is amended by adding a 1.14subdivision to read: 1.15     new text begin Subd. 1a. new text end new text begin Allied Radio Matrix for Emergency Response (ARMER). new text end new text begin "Allied new text end 1.16 new text begin Radio Matrix for Emergency Response," "ARMER," "statewide, shared, trunked radio, new text end 1.17 new text begin and communication system," or "statewide public safety radio system" means the public new text end 1.18 new text begin safety radio system established under section 403.36. new text end 1.19    Sec. 2. Minnesota Statutes 2012, section 403.21, subdivision 2, is amended to read: 1.20    Subd. 2. new text begin Statewide Radio new text end Board. "Board" or "radio board" means the Statewide 1.21Radio Board. new text begin "Statewide Radio Board," "radio board," or "board" means the Statewide new text end 1.22 new text begin Radio Board established under section 403.36 and where the Statewide Radio Board new text end 1.23 new text begin has affirmatively elected to become a Statewide Emergency Communication Board as new text end 1.24 new text begin provided in section 403.382 it shall mean the Statewide Emergency Communication new text end 1.25 new text begin Board as the successor to the Statewide Radio Board. new text end 2.1    Sec. 3. Minnesota Statutes 2012, section 403.21, subdivision 13, is amended to read: 2.2    Subd. 13. Regional radio board. "Regional radio board" or "regional board" means 2.3a regional radio board established under section 403.39 new text begin and shall include any successor new text end 2.4 new text begin organization to the regional radio board new text end . 2.5    Sec. 4. Minnesota Statutes 2012, section 403.37, subdivision 1, is amended to read: 2.6    Subdivision 1. General. In addition to any other powers specifically provided 2.7by law, the Statewide Radio Board has the powers new text begin necessary to oversee the planning, new text end 2.8 new text begin implementation, and maintenance of the ARMER system new text end given in this section. 2.9    Sec. 5. Minnesota Statutes 2012, section 403.38, is amended to read: 2.10403.38 STATEWIDE new text begin ARMER new text end INTEGRATION. 2.11Notwithstanding any provision to the contrary in sections 403.21 to 403.40, the 2.12Statewide Radio Board has the final authority over technical and operational standards 2.13necessary to provide for the development and implementation of a statewide backbone new text begin the new text end 2.14 new text begin ARMER system new text end that maximizes the integration of the public safety radio communication 2.15system throughout the state, including the backbone previously established by the 2.16Metropolitan Radio Board. Technical and operational standards that do not interfere with 2.17the integration of the system may be established locally or regionally. 2.18    Sec. 6. new text begin [403.382] STATEWIDE EMERGENCY COMMUNICATION BOARD. new text end 2.19     new text begin Subdivision 1. new text end new text begin Statewide Emergency Communication Board. new text end new text begin (a) By an new text end 2.20 new text begin affirmative vote of a majority of the members of the Statewide Radio Board, the board new text end 2.21 new text begin may elect to become a Statewide Emergency Communication Board. new text end 2.22 new text begin (b) As a Statewide Emergency Communication Board, the board shall be responsible new text end 2.23 new text begin for the statewide coordination of 911 service in addition to existing responsibilities for the new text end 2.24 new text begin ARMER system provided for in sections 403.21 to 403.37. new text end 2.25     new text begin Subd. 2. new text end new text begin 911 service. new text end new text begin In addition to any other powers specifically provided by law, new text end 2.26 new text begin the Statewide Emergency Communication Board has the powers given in this section for new text end 2.27 new text begin the coordination of 911 services. new text end 2.28     new text begin Subd. 3. new text end new text begin Planning. new text end new text begin The board shall coordinate the plan for the implementation of new text end 2.29 new text begin Minnesota's next generation 911 service with local and regional plans and modify the new text end 2.30 new text begin plan as necessary to facilitate the implementation of 911 services throughout the state new text end 2.31 new text begin in accordance with federal law. new text end 3.1     new text begin Subd. 4. new text end new text begin 911 service architecture. new text end new text begin The board shall define the standards for system new text end 3.2 new text begin performance of 911 service necessary to assure development that maximizes compatibility new text end 3.3 new text begin and interoperability of 911 service throughout the state. new text end 3.4     new text begin Subd. 5. new text end new text begin Implementation. new text end new text begin The board shall oversee the implementation of the plan new text end 3.5 new text begin under subdivision 3 for 911 service and ensure that the 911 services are implemented, new text end 3.6 new text begin operated, and maintained in accordance with the 911 service plan. new text end 3.7     new text begin Subd. 6. new text end new text begin System enhancements. new text end new text begin The board shall coordinate system enhancements new text end 3.8 new text begin to maintain interoperability and minimum design standards to the extent to which local new text end 3.9 new text begin governments and nongovernmental public safety entities eligible for direct connection to new text end 3.10 new text begin Minnesota's 911 network may provide for system enhancements at their own expense. new text end 3.11     new text begin Subd. 7. new text end new text begin System standards. new text end new text begin The board shall establish and enforce rules establishing new text end 3.12 new text begin performance, operational, and system standards for the operation of 911 services. new text end 3.13     new text begin Subd. 8. new text end new text begin Other emergency communication system planning and coordination. new text end 3.14 new text begin In addition to powers provided for in this section for the coordination of 911 service, the new text end 3.15 new text begin board shall be responsible for planning and coordination of the following public safety new text end 3.16 new text begin emergency communication networks: new text end 3.17 new text begin (1) developing and maintaining a plan for the implementation of a statewide public new text end 3.18 new text begin safety broadband network, including the definition of technical and operational standards new text end 3.19 new text begin for that network; and new text end 3.20 new text begin (2) other wireless communication technologies or wireless communication networks new text end 3.21 new text begin for public safety communications, where the board finds that coordination and planning on new text end 3.22 new text begin a regional or statewide basis is appropriate or where regional or statewide coordination new text end 3.23 new text begin has been requested by the Federal Communications Commission or the Department of new text end 3.24 new text begin Homeland Security which is coordinating the technology or network on a national level. new text end 3.25    Sec. 7. Minnesota Statutes 2012, section 403.39, is amended to read: 3.26403.39 REGIONAL RADIO BOARDS. 3.27    Subdivision 1. Establishment. Notwithstanding the provisions of section 471.59, 3.28subdivision 1 , requiring commonality of powers, two or more counties or a city and one or 3.29more counties within a region defined in the statewide radio board's project plan under 3.30section 403.36, through action of their governing bodies, by adoption of a joint powers 3.31agreement that complies with section 471.59, subdivisions 1 to 5, may establish a regional 3.32radio board to implement, maintain, and operate regional and local improvements to the 3.33statewide, shared, trunked radio and communication system provided for in section 403.36. 3.34 new text begin Where the governing bodies of the participating units of government of a regional radio new text end 3.35 new text begin board have approved an amendment to the regional radio board's joint powers agreement new text end 4.1 new text begin authorizing the incorporation of a federally recognized Indian tribe into the joint powers new text end 4.2 new text begin agreement, the federally recognized Indian tribe may be incorporated into the joint powers new text end 4.3 new text begin agreement upon the adoption of the joint powers agreement by the tribe's governing body. new text end 4.4Membership in a regional radio board shall include one county commissioner appointed 4.5by each respective county board party to the joint powers agreement and an elected official 4.6from any city party to the joint powers agreement, and may include additional members 4.7whose qualifications are specified in the joint powers agreement. 4.8    Subd. 2. Powers. In addition to the powers enumerated in section 471.59, a regional 4.9radio board, as necessary and convenient to implement regional and local improvements 4.10to the statewide, shared, trunked radio and communication system provided for in section 4.11403.36 , has the following powers: 4.12(1) to establish bylaws and other organizational procedures consistent with the terms 4.13of the joint powers agreement; 4.14(2) to apply for and hold licenses for public safety frequencies to be used in regional 4.15and local improvements, including a regional data system; 4.16(3) to set or adopt regional performance and technical standards, subject to review 4.17by the Statewide Radio Board, that do not interfere with the backbone or interoperability 4.18infrastructure administered by the Statewide Radio Board; 4.19(4) to enter into contracts necessary to carry out its responsibilities; 4.20(5) to acquire by purchase, lease, gift, or grant, property, both real and personal, 4.21and interests in property necessary for the accomplishment of its purposes and to sell or 4.22otherwise dispose of property it no longer requires; and 4.23(6) to contract with the state of Minnesota, through the commissioner of 4.24transportation, for construction, ownership, operation, and maintenance of regional or 4.25local improvements to the statewide, shared, trunked radio and communication system. 4.26    Subd. 3. Relationship to local governments. Where a regional radio board has 4.27been established in accordance with this section, local governments and other public 4.28entities eligible under part 90 of the FCC rules to operate upon a statewide, shared public 4.29safety radio and communication system within the region covered by the regional radio 4.30board must coordinate its implementation through one of the parties to the joint powers 4.31agreement. For purposes of grants made available by the Department of Public Safety, a 4.32regional radio board is entitled to apply for and new text begin , new text end receive a grant new text begin , and administer grants new text end 4.33 on behalf of one or more new text begin public safety entities operating within the new text end counties who are a 4.34party to the joint powers agreement. 4.35     new text begin Subd. 4. new text end new text begin Scope. new text end new text begin Nothing in this section shall limit a regional radio board organized new text end 4.36 new text begin under section 471.59 from expanding the scope of the joint powers agreement to include new text end 5.1 new text begin the joint or cooperative exercise of powers consistent with section 471.59 related to new text end 5.2 new text begin other public safety purposes which may include the joint and cooperative exercise of new text end 5.3 new text begin powers among less than all members of the regional radio board. An amendment to the new text end 5.4 new text begin joint powers agreement expanding the scope of the agreement must be approved by the new text end 5.5 new text begin governing bodies of each of the members of the regional radio board. new text end 5.6    Sec. 8. new text begin [403.392] REGIONAL EMERGENCY COMMUNICATION BOARDS. new text end 5.7     new text begin Subdivision 1. new text end new text begin Regional emergency communication board election. new text end new text begin A regional new text end 5.8 new text begin radio board may elect to become a regional emergency communication board by amending new text end 5.9 new text begin the joint powers agreement establishing the regional radio board to include responsibility new text end 5.10 new text begin for coordinating 911 service within the region. new text end 5.11     new text begin Subd. 2. new text end new text begin Powers of regional emergency communication board. new text end new text begin Where a regional new text end 5.12 new text begin radio board has elected to become a regional emergency communication board, the board new text end 5.13 new text begin shall have the powers provided for in sections 403.39 and 471.59. The board must provide new text end 5.14 new text begin for the following powers in its joint power agreement: new text end 5.15 new text begin (1) the development and maintenance of a regional plan for the implementation of new text end 5.16 new text begin Next Generation 911 (NG911) service within the region or within subregions of the region new text end 5.17 new text begin consistent with standards established under section 403.382; and new text end 5.18 new text begin (2) the establishment of regional technical and operational standards for the new text end 5.19 new text begin implementation of NG911 service within the region or within subregions of the region that new text end 5.20 new text begin are consistent with technical and operational standards for 911 service adopted pursuant new text end 5.21 new text begin to section 403.382. new text end 5.22    Sec. 9. Minnesota Statutes 2012, section 403.40, subdivision 2, is amended to read: 5.23    Subd. 2. Topical advisory committees. The Statewide Radio Board may establish 5.24the following additional advisory committees new text begin one or more advisory groups for the new text end 5.25 new text begin purpose of advising on the plan, design, implementation, and administration of statewide new text end 5.26 new text begin interoperable public safety communications new text end with representatives from each region of 5.27implementation to advise on new text begin , at least, new text end the following topical areas new text begin specified for each new text end 5.28 new text begin committee new text end : 5.29(1) a committee of users representing all regions where the system backbone has 5.30been implemented to make recommendations on how capital and operating costs of the 5.31system should be apportioned among users, including the cost of additional participants; 5.32(2) a systems manager committee to make recommendations on performance and 5.33operational standards for the system to the extent that performance and operational 6.1standards impact the operation of the system backbone and interoperability infrastructure; 6.2and 6.3(3) an operations and technical committee to make recommendations on the plan 6.4and operational issues related to the technical aspects of the system backbone and 6.5interoperability infrastructure. new text begin ; and new text end 6.6 new text begin (4) in cases where the board has made an election under section 403.382, a 911 new text end 6.7 new text begin operations and technical committee to make recommendations on the 911 service plan new text end 6.8 new text begin and operational issues related to the technical aspects of the implementation of Next new text end 6.9 new text begin Generation 911 service throughout the state. new text end 6.10    Sec. 10. new text begin ARMER AND 911 FUNDING STUDY. new text end 6.11 new text begin The Statewide Radio Board shall study long-term funding strategies for statewide new text end 6.12 new text begin public safety communications including but not limited to the Allied Radio Matrix for new text end 6.13 new text begin Emergency Response (ARMER) and 911 systems, including public and private funding new text end 6.14 new text begin options such as bonds, grants, public and private partnerships, leverage of private capital new text end 6.15 new text begin funding sources such as vendor financing or a higher degree of leveraging of commercial new text end 6.16 new text begin carrier assets, methods for covering the operational costs for sustainability, user fees, and new text end 6.17 new text begin local funding. The study must include a substantive assessment and evaluation of the new text end 6.18 new text begin funding strategies for and authorized uses of future ARMER system and 911 system needs new text end 6.19 new text begin and upgrades and capital and operating costs. The board shall report to the chairs and new text end 6.20 new text begin ranking minority members of the house of representatives and senate committees with new text end 6.21 new text begin jurisdiction over capital investment and criminal justice funding and policy by January 15, new text end 6.22 new text begin 2014, on the results of the study. new text end 6.23    Sec. 11. new text begin REVISOR'S INSTRUCTION. new text end 6.24 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 403.21, new text end 6.25 new text begin subdivision 2, as section 403.21, subdivision 7a. The revisor shall also make necessary new text end 6.26 new text begin cross-reference changes consistent with the renumbering. new text end 6.27    Sec. 12. new text begin REPEALER. new text end 6.28 new text begin Minnesota Statutes 2012, sections 403.21, subdivision 6; and 403.33, new text end new text begin are repealed. new text end