HF 317

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to counties; allowing use of certain county 
  1.3             facilities for commercial wireless service providers 
  1.4             and allowing the lease of sites for public safety 
  1.5             communications equipment; permitting the appointment 
  1.6             of the Rock county recorder; proposing coding for new 
  1.7             law in Minnesota Statutes, chapter 375. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [375.87] [RADIO SYSTEMS.] 
  1.10     Subdivision 1.  [ESTABLISHMENT.] A county may establish and 
  1.11  rent, lease, construct, equip, and maintain a radio broadcasting 
  1.12  station or stations, with land-fixed repeater stations and other 
  1.13  necessary communication equipment, to be used for public safety 
  1.14  communications.  It may acquire land, towers, or equipment by 
  1.15  gift, purchase, lease, exchange, condemnation, or other means 
  1.16  for use as a site for public safety communications equipment.  
  1.17  Public safety communications sites may be acquired by lease for 
  1.18  a period of up to 25 years in duration.  Public safety 
  1.19  communications may include police, fire, highway maintenance, 
  1.20  emergency medical service, local government, forestry 
  1.21  conservation, and other communications as determined by the 
  1.22  county board. 
  1.23     Subd. 2.  [ANTENNA SITE USE AGREEMENTS.] Use of 
  1.24  county-owned radio towers, building rooftops, lands, and 
  1.25  easements may be made available to commercial wireless service 
  1.26  providers or other users for the purpose of installing antennas 
  2.1   and equipment.  The county may charge site use fees for the 
  2.2   value of the real property or structure made available and for 
  2.3   public safety communications systems costs.  In lieu of a site 
  2.4   use fee, the county may make agreements with commercial wireless 
  2.5   service providers or other tower owners to place county 
  2.6   equipment on privately owned towers and may accept improvements 
  2.7   such as tower reinforcement, reconstruction, site development, 
  2.8   or other site improvements to the county's communications system 
  2.9   facilities or real or personal property.  Antenna site use 
  2.10  agreements and leases may be entered into by any means available 
  2.11  and in the manner determined by the county board, with or 
  2.12  without advertisement for bids. 
  2.13     Sec. 2.  [RECORDER MAY BE APPOINTED.] 
  2.14     Notwithstanding Minnesota Statutes, section 382.01, upon 
  2.15  adoption of a resolution by the Rock county board of 
  2.16  commissioners, the office of county recorder in the county is 
  2.17  not elective but must be filled by appointment by the county 
  2.18  board as provided in the resolution.  Before the county board 
  2.19  may adopt a resolution under this section, the board must hold a 
  2.20  public hearing on the proposal to appoint the county recorder. 
  2.21     Sec. 3.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  2.22  DONE.] 
  2.23     Upon adoption of a resolution by the Rock county board of 
  2.24  commissioners and subject to sections 4 and 5, the duties of the 
  2.25  elected official required by statute whose office is made 
  2.26  appointive as authorized by this act must be discharged by the 
  2.27  board of commissioners of Rock county acting through a 
  2.28  department head appointed by the board for that purpose.  A 
  2.29  reorganization, reallocation, or delegation or other 
  2.30  administrative change or transfer does not diminish, prohibit, 
  2.31  or avoid the discharge of duties required by statute. 
  2.32     Sec. 4.  [INCUMBENT TO COMPLETE TERM.] 
  2.33     The person currently serving as county recorder must serve 
  2.34  in that capacity and perform the duties, functions, and 
  2.35  responsibilities required by statute until the completion of the 
  2.36  current term of office or until a vacancy occurs in the office, 
  3.1   whichever occurs earlier. 
  3.2      Sec. 5.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
  3.3      The county board may provide for the appointment of the 
  3.4   county recorder as permitted in this act without an affirmative 
  3.5   vote of the voters of the county if the resolution to make the 
  3.6   office appointed is approved by 80 percent of the members of the 
  3.7   county board.  Before the adoption of the resolution, the county 
  3.8   board must publish a resolution notifying the public of its 
  3.9   intent to consider adopting the option once each week for two 
  3.10  consecutive weeks in the official publication of the county.  
  3.11  Following the publication, the county board shall provide an 
  3.12  opportunity at its next regular meeting for public comment 
  3.13  relating to the option, prior to formally adopting the option.  
  3.14  The option may be implemented without the submission of the 
  3.15  question of its implementation to the voters of the county, 
  3.16  unless within 30 days after the second publication of the 
  3.17  resolution, a petition requesting a referendum, signed by at 
  3.18  least ten percent of the registered voters of the county, is 
  3.19  filed with the county auditor.  If a petition is filed, the 
  3.20  option may be implemented unless disapproved by a majority of 
  3.21  the voters of the county voting on the question at a regular or 
  3.22  special election. 
  3.23     Sec. 6.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  3.24     Sections 2 to 5 are effective the day after the governing 
  3.25  body of Rock county and its chief clerical officer timely 
  3.26  complete their compliance with Minnesota Statutes, section 
  3.27  645.021, subdivisions 2 and 3.