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HF 597

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; providing for 
  1.3             coordination and consolidation of public safety radio 
  1.4             communications systems; providing governance and 
  1.5             finance of the state and regional elements of a 
  1.6             regionwide public safety radio communication system; 
  1.7             extending the public safety channel moratorium; 
  1.8             authorizing the use of 911 emergency telephone service 
  1.9             fees for costs of the regionwide public safety radio 
  1.10            communication system; authorizing the issuance of 
  1.11            bonds by the metropolitan council; appropriating 
  1.12            money; amending Minnesota Statutes 1994, section 
  1.13            352.01, subdivision 2a; proposing coding for new law 
  1.14            in Minnesota Statutes, chapters 174; and 473. 
  1.16                             ARTICLE 1 
  1.18     Section 1.  [174.70] [PUBLIC SAFETY RADIO COMMUNICATIONS.] 
  1.19     The commissioner of transportation may exercise the powers 
  1.20  granted in this chapter and in sections 473.891 to 473.905, to 
  1.21  plan and implement the communications system as provided in 
  1.22  sections 473.891 to 473.905. 
  1.23     Sec. 2.  [473.891] [DEFINITIONS.] 
  1.24     Subdivision 1.  [APPLICATIONS.] The definitions in this 
  1.25  section apply to sections 473.891 to 473.905. 
  1.26     Subd. 2.  [BOARD.] "Board" or "radio board" means the 
  1.27  metropolitan radio board. 
  1.28     Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
  1.29  the regionwide public safety radio communications system" means 
  1.30  the initial backbone which serves state and regional agencies. 
  2.1      Subd. 4.  [LOCAL ELECTED OFFICIALS.] "Local elected 
  2.2   officials" means any elected official of a local government. 
  2.3      Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means any 
  2.4   county, home rule charter or statutory city, or town, lying in 
  2.5   whole or in part within the metropolitan area. 
  2.6      Subd. 6.  [NPSPAC CHANNELS.] "NPSPAC channels" or "National 
  2.7   Public Safety Planning Advisory Committee channels" means the 
  2.8   following 800 megahertz channels:  821 to 824 and 866 to 869 
  2.9   megahertz.  
  2.10     Subd. 7.  [PLAN.] "Plan" or "regionwide public safety radio 
  2.11  system communication plan" means the plan adopted by the 
  2.12  metropolitan radio board for a regionwide public safety radio 
  2.13  communications system.  
  2.14     Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
  2.15  radio subsystems" means systems identified in the plan as 
  2.16  subsystems interconnected by the first phase backbone in 
  2.17  subsequent phases and operated by local government units for 
  2.18  their own internal operations. 
  2.19     Subd. 9.  [SYSTEM; BACKBONE SYSTEM.] "System" or "backbone 
  2.20  system" means a regionwide public safety radio communication 
  2.21  system that consists of a shared regionwide infrastructure 
  2.22  network, the elements of which are identified in the regionwide 
  2.23  public safety radio communications system plan, and subsystems 
  2.24  interconnected by the shared regionwide network. 
  2.25     Sec. 3.  [473.893] [BOARD; MEMBERSHIP, ADMINISTRATION.] 
  2.26     Subdivision 1.  [GENERAL.] The metropolitan radio board is 
  2.27  established as a political subdivision.  The board shall be 
  2.28  organized, structured, and administered as provided in this 
  2.29  section.  Until funds to administer the board become available 
  2.30  under section 473.894, subdivision 19, the metropolitan council 
  2.31  shall provide office space and administrative support to the 
  2.32  board at no cost. 
  2.33     Subd. 2.  [MEMBERSHIP.] The board consists of 17 members.  
  2.34  Fifteen members shall be local officials and shall include:  
  2.35     (1) one county commissioner appointed by each respective 
  2.36  county board from each of the seven metropolitan counties; 
  3.1      (2) an elected official from each of the cities of 
  3.2   Minneapolis, St. Paul, and Bloomington appointed by each 
  3.3   respective city governing body; 
  3.4      (3) two elected officials from other metropolitan cities 
  3.5   appointed by the governor, who shall consider recommendations 
  3.6   made by the Association of Metropolitan Municipalities when 
  3.7   making these appointments; 
  3.8      (4) an elected official from a county or a city within a 
  3.9   county in Minnesota that is contiguous to the metropolitan area 
  3.10  appointed by the governor, who shall consider recommendations 
  3.11  made by the League of Minnesota Cities when making this 
  3.12  appointment; 
  3.13     (5) a sheriff appointed by the governor, who shall consider 
  3.14  recommendations made by the metropolitan sheriffs association 
  3.15  when making this appointment; and 
  3.16     (6) a police chief appointed by the governor, who shall 
  3.17  consider recommendations made by the Minnesota police chiefs 
  3.18  association when making this appointment.  
  3.19  The 16th member shall be a member of the metropolitan council 
  3.20  appointed by the council.  The 17th member shall be the director 
  3.21  of electronic communications of the Minnesota department of 
  3.22  transportation.  As provided in section 473.894, subdivision 20, 
  3.23  the chair of the technical operations committee serves as an ex 
  3.24  officio member of the board. 
  3.25     The members shall be appointed within 30 days of the 
  3.26  effective date of this act.  Upon the effective date of this 
  3.27  act, the metropolitan council shall inform the entities listed 
  3.28  in this subdivision of the appointments required by this 
  3.29  subdivision and shall provide whatever assistance is necessary 
  3.30  to facilitate the appointment process and establish the radio 
  3.31  board.  
  3.32     Board members have no set term and remain on the board 
  3.33  until a successor is appointed as provided by this subdivision.  
  3.34  However, with respect to those board members who, under this 
  3.35  subdivision, must be elected officials, a successor must be 
  3.36  appointed as provided by this subdivision no later than the date 
  4.1   that a member is no longer an elected official, unless the 
  4.2   member dies while in office, in which case a successor must be 
  4.3   named as soon as practicable.  
  4.4      Subd. 3.  [OFFICERS.] The officers of the board are:  
  4.5   chair; vice-chair; secretary; and treasurer.  The chair shall 
  4.6   preside at all meetings of the board, and in the chair's 
  4.7   absence, the vice-chair shall preside.  The secretary shall keep 
  4.8   a complete record of the minutes of each meeting.  The treasurer 
  4.9   shall keep the financial records of the board.  The chair and 
  4.10  vice-chair of the board shall be selected by a majority vote 
  4.11  from the members of the board.  The secretary and treasurer need 
  4.12  not be members of the board.  
  4.13     Subd. 4.  [CONTRACTS.] Contracts and other written 
  4.14  instruments of the board shall be signed by the chair or 
  4.15  vice-chair and if the board has an executive director, by the 
  4.16  executive director of the board pursuant to authority from the 
  4.17  board. 
  4.18     Subd. 5.  [BYLAWS.] The board shall conduct its business in 
  4.19  accordance with bylaws duly adopted by a majority of the board.  
  4.20     Subd. 6.  [VOTING.] Each member has one vote.  The majority 
  4.21  of the voting power of the board constitutes a quorum although a 
  4.22  smaller number may adjourn from time to time.  Any motion, other 
  4.23  than adjournment, shall be favored by a majority of the voting 
  4.24  power of the board in order to carry.  
  4.25     Sec. 4.  [473.894] [POWERS OF THE BOARD.] 
  4.26     Subdivision 1.  [GENERAL.] The board has the powers 
  4.27  necessary and convenient to discharge the duties imposed on it 
  4.28  by law, including those listed in this section.  
  4.29     Subd. 2.  [PLANNING.] The board shall review and, within 90 
  4.30  days of the effective date of this act, adopt the regionwide 
  4.31  public safety radio system communication plan prepared by the 
  4.32  metropolitan radio systems planning committee pursuant to Laws 
  4.33  1993, chapter 313, section 3, subdivision 2, for using the 800 
  4.34  megahertz and other frequencies available for public safety 
  4.35  use.  The plan must include, at a minimum:  
  4.36     (1) a system design recommended by the Minnesota 
  5.1   commissioner of transportation for the first phase consisting of 
  5.2   a shared regionwide infrastructure network; 
  5.3      (2) a system design for subsequent phases; and 
  5.4      (3) a plan for assignment of frequencies to the regional 
  5.5   network and to each subsystem.  
  5.6   No later than 30 days prior to adoption of the plan by the 
  5.7   board, the board shall submit the plan to the metropolitan 
  5.8   council for review in accordance with section 473.165, clause 
  5.9   (1).  The council may make comments to the board about the plan 
  5.10  in accordance with section 473.165, clause (2), except that the 
  5.11  deadline for comments shall be made within 30 days after 
  5.12  submission of the plan to the council. 
  5.13     If, within the 30-day review period, the council has made 
  5.14  no comment on the plan or has made no findings as provided in 
  5.15  section 473.165, clause (2), the plan shall go into effect as of 
  5.16  the date of adoption by the board. 
  5.17     If, within the 30-day review period, the council has made 
  5.18  findings as provided in section 473.165, clause (2), the board 
  5.19  and the council shall follow the procedure provided in section 
  5.20  473.165, clause (2).  The board may adopt revisions to the plan 
  5.21  in the same manner as is provided in this subdivision for 
  5.22  adoption of the plan.  
  5.23     Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
  5.24  adoption of the regionwide public safety radio system 
  5.25  communication plan the commissioner of transportation, on behalf 
  5.26  of the state of Minnesota, shall use the plan adopted by the 
  5.27  board under subdivision 2 to submit an extended implementation 
  5.28  application to the Federal Communications Commission (FCC) for 
  5.29  the NPSPAC channels and other public safety frequencies 
  5.30  available for use in the metropolitan area and necessary to 
  5.31  implement the plan.  Local governments and all other public or 
  5.32  private entities eligible under part 90 of the FCC rules shall 
  5.33  not apply for public safety channels in the 821 to 824 and 866 
  5.34  to 869 megahertz bands for use within the metropolitan counties 
  5.35  until the FCC takes final action on the regional application 
  5.36  submitted under this section.  Exceptions to the restrictions on 
  6.1   the application for the NPSPAC channels may be granted by the 
  6.2   radio board.  The Minnesota department of transportation shall 
  6.3   hold the master system licenses for all public safety 
  6.4   frequencies assigned to the metropolitan area issued by the FCC 
  6.5   under the board's plan and these channels shall be used for the 
  6.6   implementation of the plan.  Local governments and other public 
  6.7   and private entities eligible under part 90 of the FCC rules may 
  6.8   apply to the FCC as colicensees for subscriber equipment and 
  6.9   those portions of the network infrastructure owned by them.  
  6.10  Application for colicensing under this section shall require the 
  6.11  concurrence of the radio board. 
  6.12     Subd. 4.  [PLAN IMPLEMENTATION.] The board shall supervise 
  6.13  the implementation of the regionwide public safety radio system 
  6.14  communication plan adopted under subdivision 2 and must ensure 
  6.15  that the system is built, owned, operated, and maintained in 
  6.16  accordance with the plan.  The board will work with the region 
  6.17  22 NPSPAC committee to incorporate the board's adopted plan into 
  6.18  federal communication system regulations. 
  6.20  GOVERNMENTS.] Subject to system capacity and channel 
  6.21  availability, the board shall ensure that all local governments, 
  6.22  quasi-public service operations, and private entities in the 
  6.23  metropolitan counties that are eligible to use radio frequencies 
  6.24  reserved for public safety use have adequate communications 
  6.25  capacity and intercommunications capability.  
  6.26     Subd. 6.  [BACKBONE AND SUBSYSTEMS.] In the regionwide 
  6.27  public safety radio system communication plan, the board shall 
  6.28  define the backbone consistent with the recommendations made by 
  6.29  the commissioner of transportation and the subsystems of the 
  6.30  system, the timing and phasing of system development, the 
  6.31  geographic scope of the system, the timing and extent of 
  6.32  participation in the system including participation by 
  6.33  additional entities, and standards for system performance.  
  6.34  System performance standards shall be developed in consultation 
  6.35  with the commissioner of transportation.  The initial backbone 
  6.36  shall serve state and regional agencies and shall include 
  7.1   capabilities for regionwide mutual aid and emergency medical 
  7.2   services communications and potentially provide alternative 
  7.3   routing for 911 services.  
  7.4      Subd. 7.  [EXISTING CHANNEL ALLOCATION.] The board shall 
  7.5   coordinate allocation of existing radio channels made available 
  7.6   to the board by conversion to 800 megahertz or other public 
  7.7   safety frequencies.  
  7.8      Subd. 8.  [COST APPORTIONMENT.] The board shall determine 
  7.9   how capital, operating, and administrative costs of the first 
  7.10  phase system will be spread across users of the regionwide 
  7.11  public safety radio communication system, including costs for 
  7.12  additional participants. 
  7.13     Subd. 9.  [EXCESS CAPACITY ALLOCATION.] The board shall 
  7.14  determine how excess capacity provided in the initial system 
  7.15  design in the regionwide public safety radio communication 
  7.16  system will be allocated. 
  7.17     Subd. 10.  [SYSTEM ENHANCEMENT REGULATION.] The board shall 
  7.18  determine the extent to which local governments, quasi-public 
  7.19  service corporations, and private entities eligible to use the 
  7.20  system may provide system enhancements at their own direct 
  7.21  expense. 
  7.22     Subd. 11.  [PERFORMANCE STANDARDS.] The board shall set 
  7.23  performance standards for operation of the backbone and 
  7.24  subsystems and may modify standards as necessary to meet 
  7.25  changing needs.  
  7.26     Subd. 12.  [USE PRIORITIES.] The board shall establish 
  7.27  priorities or protocols for use of the system.  
  7.28     Subd. 13.  [FIRST PHASE CONSTRUCTION.] In order to 
  7.29  implement the first phase backbone, the board shall contract 
  7.30  with the state of Minnesota, through the commissioner of 
  7.31  transportation for construction, ownership, operation, 
  7.32  maintenance, and enhancement of these elements of the first 
  7.33  phase backbone as defined in the plan.  The commissioner, under 
  7.34  appropriate state law, shall contract for, or procure by 
  7.35  purchase or lease, (including joint purchase and lease 
  7.36  agreements), construction, installation of materials, supplies 
  8.1   and equipment, and other services as may be needed to build, 
  8.2   operate, and maintain the first phase system network.  In 
  8.3   accordance with the terms of the contract entered into with the 
  8.4   radio board under this subdivision, the department of 
  8.5   transportation will own, operate, and maintain those elements 
  8.6   identified by the radio board in the plan as the first phase.  
  8.7   The state will finance and pay for its share of the first phase. 
  8.8      Subd. 14.  [EXECUTIVE DIRECTOR.] The board may employ and 
  8.9   fix the duties and compensation of an executive director who 
  8.10  shall supervise the implementation of the plan including the 
  8.11  design, ownership, construction, and operation of the first 
  8.12  phase system and shall administer the business affairs of the 
  8.13  board.  The executive director is eligible for membership in the 
  8.14  Minnesota state retirement system.  Until funds to administer 
  8.15  the board become available under subdivision 19, the 
  8.16  metropolitan council shall provide to the board an executive 
  8.17  director who will be a staff member of the council.  The 
  8.18  executive director shall serve at the pleasure of the board.  
  8.20  board may contract with entities in the metropolitan counties 
  8.21  eligible to use the public safety channels other than local 
  8.22  governments, to provide them with public safety radio 
  8.23  communication service.  The board may contract with eligible 
  8.24  jurisdictions and entities outside the metropolitan counties for 
  8.25  inclusion in the regionwide public safety radio communication 
  8.26  system.  
  8.27     Subd. 16.  [MINUTES OF BOARD MEETINGS.] The board shall 
  8.28  keep proper minutes of all its proceedings which shall be open 
  8.29  to public inspection at all reasonable times. 
  8.30     Subd. 17.  [ACCOUNTING.] The board shall keep proper and 
  8.31  adequate books of accounts showing all its receipts and 
  8.32  disbursements by date, source, and amount.  The board must be 
  8.33  audited at least once each year.  The board may elect to be 
  8.34  audited by a certified public accountant or by the state auditor.
  8.35     Subd. 18.  [INSURANCE.] The board may obtain suitable, 
  8.36  proper, and adequate public liability and workers' compensation 
  9.1   insurance and other insurance as it deems necessary, including 
  9.2   but not limited to, insurance against the liability of the board 
  9.3   or its officers and employees for personal injury or death and 
  9.4   property damage or destruction, with the force and effect stated 
  9.5   in chapter 466, and against risks of damage to or destruction of 
  9.6   any of its facilities, equipment, or other property. 
  9.7      Subd. 19.  [USER FEES.] In accordance with the plan 
  9.8   authorized in subdivision 2, the board may establish and impose 
  9.9   user fees on entities using the first phase system to cover the 
  9.10  board's costs of implementing the plan and the costs of 
  9.11  operating the first phase system in the metropolitan area.  The 
  9.12  metropolitan council will collect the user fees.  
  9.13     Subd. 20.  [TECHNICAL OPERATIONS COMMITTEE.] The board 
  9.14  shall establish a technical operations committee composed of 
  9.15  representatives of the following functional categories to advise 
  9.16  it in carrying out its purposes:  
  9.17     (1) Minnesota department of public safety; 
  9.18     (2) Minnesota department of transportation; 
  9.19     (3) sheriffs; 
  9.20     (4) police; 
  9.21     (5) fire protection; 
  9.22     (6) emergency medical service; 
  9.23     (7) public works; 
  9.24     (8) civil defense; 
  9.25     (9) metro 911 telephone board; 
  9.26     (10) entities using 800 megahertz prior to initiation of 
  9.27  the regional system; 
  9.28     (11) managers or purchasing agents possessing expertise 
  9.29  from a general perspective; 
  9.30     (12) representatives of local units of government; and 
  9.31     (13) regionwide public safety radio communication system 
  9.32  users. 
  9.33  The members of the technical operations committee serve without 
  9.34  compensation.  The chair of the technical operations committee 
  9.35  is an ex officio member of the radio board. 
  9.36     Subd. 21.  [CONTRACTS.] The board may enter into contracts 
 10.1   necessary to carry out its responsibilities.  
 10.2      Subd. 22.  [PROPERTY.] The board may acquire by purchase, 
 10.3   lease, gift, or grant, property, both real and personal, and 
 10.4   interests in property necessary for the accomplishment of its 
 10.5   purposes and may sell or otherwise dispose of property which it 
 10.6   no longer requires.  
 10.7      Subd. 23.  [GIFTS; GRANTS.] The board may apply for, 
 10.8   accept, and disburse gifts, grants, or loans from the United 
 10.9   States, the state, or from any person for any of its purposes.  
 10.10  It may enter into an agreement required for the gifts, grants, 
 10.11  or loans and may hold, use, and dispose of money or property 
 10.12  received according to the terms of the gift, grant, or loan.  
 10.13     Subd. 24.  [AUTHORITY TO LITIGATE.] The board may sue and 
 10.14  be sued.  
 10.15     Sec. 5.  [473.895] [ADVERSE INTERESTS OF BOARD MEMBERS.] 
 10.16     As provided in section 471.87, no member of the board shall 
 10.17  have any personal or financial interest in any sale, lease, or 
 10.18  other contract made by the board.  Any violation of section 
 10.19  471.87 may make the sale, lease, or other contract voidable by 
 10.20  the board.  Upon conviction for a violation of section 471.87, a 
 10.21  board member is automatically disqualified from further service 
 10.22  on the board.  
 10.23     Sec. 6.  [473.896] [COMPENSATION OF BOARD MEMBERS.] 
 10.24     Subdivision 1.  [PER DIEM AND EXPENSES.] Except as provided 
 10.25  in subdivision 2, and unless otherwise prohibited by law, each 
 10.26  board member of the radio board shall be reimbursed for actual 
 10.27  and necessary expenses incurred in the performance of duties.  
 10.28  The chair shall be paid a per diem in the same amount as is 
 10.29  provided in section 15.0575, subdivision 3, for attending 
 10.30  meetings, monthly, executive, and special, and board members 
 10.31  shall be paid a per diem in the same amount as is provided in 
 10.32  section 15.0575, subdivision 3, for attending meetings, monthly, 
 10.33  executive, and special.  A board member who receives a per diem 
 10.34  from the board member's county or city shall not be paid a per 
 10.35  diem for the same day by the board for attending meetings of the 
 10.36  board.  The annual budget of the board shall provide, as a 
 11.1   separate account, anticipated expenditures for per diem, travel, 
 11.2   and associated expenses for the chair and members, and 
 11.3   compensation or reimbursement shall be made to the chair or 
 11.4   members only when budgeted.  
 11.5      Subd. 2.  [LIMITATION.] A board member whose annual public 
 11.6   salary is $25,000 or more shall only be reimbursed for expenses 
 11.7   related to travel. 
 11.8      Sec. 7.  [473.897] [FINANCE.] 
 11.9      Subdivision 1.  [BUDGET PREPARATION; REVIEW AND 
 11.10  APPROVAL.] The board shall prepare a proposed budget by August 1 
 11.11  of each year.  The budget shall include operating revenues and 
 11.12  expenditures for operation, administration, and maintenance.  In 
 11.13  addition, the budget must show for each fiscal year of the state 
 11.14  biennium: 
 11.15     (1) the estimated operating revenues from all sources 
 11.16  including funds on hand at the beginning of the year, and 
 11.17  estimated expenditures for costs of operation, administration, 
 11.18  maintenance, and debt service; 
 11.19     (2) capital improvement funds estimated to be on hand at 
 11.20  the beginning of the year and estimated to be received during 
 11.21  the year from all sources and estimated cost of capital 
 11.22  improvements to be paid out or expended during the year, all in 
 11.23  such detail and form as the council may prescribe; and 
 11.24     (3) the estimated source and use of pass-through funds. 
 11.25     As early as practicable before August 15 of each year, the 
 11.26  board shall hold a public hearing on a draft of the proposed 
 11.27  budget.  Along with the draft, the board shall publish a report 
 11.28  on user charges.  The report must include an estimated analysis 
 11.29  of the changes in user charges, rates, and fees that will be 
 11.30  required by the board's budget.  Not less than 14 days before 
 11.31  the hearing, the board shall publish notice of the hearing in a 
 11.32  newspaper having general circulation in the metropolitan area, 
 11.33  stating the date, time, and place of hearing, and the place 
 11.34  where the proposed budget and report on user charges may be 
 11.35  examined by any interested person.  
 11.36     Following the hearing, the board shall publish a report of 
 12.1   the hearing that summarizes the comments received and board's 
 12.2   response.  The council shall approve or disapprove the entire 
 12.3   budget by October 1 of each year.  The council may disapprove 
 12.4   only if the budget does not have adequate reserves to meet debt 
 12.5   service.  If the council disapproves the budget in accordance 
 12.6   with this subdivision, the board shall, by November 1, resubmit 
 12.7   to the council for approval, a budget which meets the 
 12.8   requirements for council approval as provided in this 
 12.9   subdivision.  The council shall approve or disapprove the entire 
 12.10  resubmitted budget by December 1.  
 12.11     Before December 15 of each year, the board shall, by 
 12.12  resolution, adopt a final budget.  The board shall file its 
 12.13  final budget with the council on or before December 20 of each 
 12.14  year.  The council shall file the budgets with the secretary of 
 12.15  the senate and the clerk of the house of representatives not 
 12.16  later than January 1 of each year.  Before adoption, the board 
 12.17  must submit any budget amendment which would affect debt service 
 12.18  reserves to the council for review.  The council has 15 days to 
 12.19  approve or disapprove the amendment.  The council shall 
 12.20  disapprove the budget amendment only if the budget does not have 
 12.21  adequate reserves to meet debt service. 
 12.22     Except in an emergency, for which procedures must be 
 12.23  established by the board, the board and its officers, agents, 
 12.24  and employees may not spend money for any purpose, other than 
 12.25  debt service, without an appropriation by the board, and no 
 12.26  obligation to make such an expenditure shall be enforceable 
 12.27  except as the obligation of the person or persons incurring it.  
 12.28  The creation of any debt obligation or the receipt of any 
 12.29  federal or state grant is a sufficient appropriation of the 
 12.30  proceeds for the purpose for which it is authorized, and of the 
 12.31  tax or other revenues pledged to pay the obligation and interest 
 12.32  on it whether or not specifically included in any annual budget. 
 12.33  After obtaining the approval of the council, the board may amend 
 12.34  the budget at any time by transferring any appropriation from 
 12.35  one purpose to another, except appropriations of the proceeds of 
 12.36  bonds issued for a specific purpose.  The council shall 
 13.1   disapprove only if the amended budget does not have adequate 
 13.2   reserves to meet debt service. 
 13.3      Subd. 2.  [PROGRAM EVALUATION.] The budget procedure of the 
 13.4   board must include a substantive assessment and evaluation of 
 13.5   the effectiveness of each significant part of the regionwide 
 13.6   public safety radio communication system implementation plan 
 13.7   adopted by the board with, to the extent possible, quantitative 
 13.8   information on the status, progress, costs, benefits, and 
 13.9   effects of each program.  
 13.10     The board shall transmit the evaluation to the metropolitan 
 13.11  council annually. 
 13.12     Subd. 3.  [COUNCIL REPORT TO LEGISLATURE.] Biennially the 
 13.13  council shall submit a report to the legislature detailing the 
 13.14  board's activities and finances for the previous year, the 
 13.15  extent to which the system has been expanded beyond the 
 13.16  metropolitan area, and the appropriateness of transferring 
 13.17  responsibility for the metropolitan radio board to a state 
 13.18  agency. 
 13.20  PROHIBITED.] Neither the council, the board, or any local 
 13.21  government unit may resell any service or capacity of this 
 13.22  system to a nonpublic entity. 
 13.23     Sec. 8.  [473.898] [REVENUE BONDS; OBLIGATIONS.] 
 13.24     Subdivision 1.  [AUTHORIZATION.] The council, if requested 
 13.25  by a vote of at least two-thirds of all of the members of the 
 13.26  metropolitan radio board may, by resolution, authorize the 
 13.27  issuance of its revenue bonds for any of the following purposes 
 13.28  to: 
 13.29     (1) provide funds for regionwide mutual aid and emergency 
 13.30  medical services communications; 
 13.31     (2) provide funds for the elements of the first phase of 
 13.32  the regionwide public safety radio communications system that 
 13.33  the board determines are of regionwide benefit and support 
 13.34  mutual aid and emergency medical services communication 
 13.35  including, but not limited to, costs of master controllers of 
 13.36  the backbone; or 
 14.1      (3) refund bonds issued under this section. 
 14.2      Subd. 2.  [PROCEDURE.] The bonds shall be sold, issued, and 
 14.3   secured in the manner provided in chapter 475 for bonds payable 
 14.4   solely from revenues, except as otherwise provided in sections 
 14.5   473.891 to 473.905 and the council shall have the same powers 
 14.6   and duties as a municipality and its governing body in issuing 
 14.7   bonds under chapter 475.  The bonds may be sold at any price and 
 14.8   at public or private sale as determined by the council. 
 14.9      The bonds shall be payable from and secured by a pledge of 
 14.10  the emergency telephone service fee provided in chapter 403 and 
 14.11  shall not represent or constitute a general obligation or debt 
 14.12  of the council and shall not be included in the net debt of any 
 14.13  city, county, or other subdivision of the state for the purpose 
 14.14  of any debt limitation. 
 14.15     Subd. 3.  [LIMITATIONS.] The principal amount of the bonds 
 14.16  issued pursuant to subdivision 1, exclusive of any original 
 14.17  issue discount, shall not exceed the amount of $10,000,000 plus 
 14.18  the amount the council determines necessary to pay the costs of 
 14.19  issuance, fund reserves, debt service, and pay for any bond 
 14.20  insurance or other credit enhancement. 
 14.21     Subd. 4.  [SECURITY.] The bonds may be secured by a bond 
 14.22  resolution or a trust indenture entered into by the council with 
 14.23  a corporate trustee within or outside the state which shall 
 14.24  define the fee pledged for the payment and security of the bonds 
 14.25  and for payment of all necessary and reasonable debt service 
 14.26  expenses until all the bonds referred to in subdivision 1 are 
 14.27  fully paid or discharged in accordance with law.  The pledge 
 14.28  shall be a valid charge on the emergency telephone service fee 
 14.29  provided in chapter 403.  No mortgage of or security interest in 
 14.30  any tangible real or personal property shall be granted to the 
 14.31  bondholders or the trustee, but they shall have a valid security 
 14.32  interest in the revenues and bond proceeds received by the 
 14.33  council and pledged to the payment of the bonds as against the 
 14.34  claims of all persons in tort, contract, or otherwise, 
 14.35  irrespective of whether the parties have notice and without 
 14.36  possession or filing as provided in the Uniform Commercial Code, 
 15.1   or any other law, subject however to the rights of the holders 
 15.2   of any general obligation bonds issued under section 473.903.  
 15.3   In the bond resolution or trust indenture, the council may make 
 15.4   covenants as it determines to be reasonable for the protection 
 15.5   of the bondholders. 
 15.6      Neither the council, nor any council member, officer, 
 15.7   employee, or agent of the council, nor any person executing the 
 15.8   bonds shall be liable personally on the bonds by reason of their 
 15.9   issuance.  The bonds are not payable from, and are not a charge 
 15.10  upon, any funds other than the revenues and bond proceeds 
 15.11  pledged to their payment.  The council is not subject to any 
 15.12  liability on the bonds and has no power to obligate itself to 
 15.13  pay or to pay the bonds from funds other than the revenues and 
 15.14  bond proceeds pledged.  No holder of bonds has the right to 
 15.15  compel any exercise of the taxing power of the council, except 
 15.16  any deficiency tax levy the council covenants to certify under 
 15.17  section 473.902, or any other public body, to the payment of 
 15.18  principal of or interest on the bonds.  No holder of bonds has 
 15.19  the right to enforce payment of principal or interest against 
 15.20  any property of the council or other public body other than that 
 15.21  expressly pledged for the payment of the bonds. 
 15.22     Sec. 9.  [473.899] [DEPOSITORIES.] 
 15.23     The metropolitan council shall, from time to time, 
 15.24  designate one or more national or state banks, or trust 
 15.25  companies authorized to do banking business, as official 
 15.26  depositories for money of the board and shall require the 
 15.27  board's treasurer to deposit all or a part of such money in 
 15.28  those institutions.  The designation shall be in writing and 
 15.29  shall set forth all the terms and conditions upon which the 
 15.30  deposits are made and shall be signed by the chair and treasurer 
 15.31  and made a part of the minutes of the board.  Any bank or trust 
 15.32  company designated shall qualify as a depository by furnishing a 
 15.33  corporate surety bond or collateral in the amounts required by 
 15.34  section 118.01.  No bond or collateral shall be required to 
 15.35  secure any deposit insofar as it is insured under federal law. 
 15.36     Sec. 10.  [473.900] [MONEY; ACCOUNTS; INVESTMENTS.] 
 16.1      Subdivision 1.  [TREASURER'S DUTIES.] All money received by 
 16.2   the metropolitan council under section 473.894, subdivision 19, 
 16.3   shall be deposited or invested by the board's treasurer and 
 16.4   disposed of as the board may direct in accordance with its 
 16.5   budget, provided that any money that has been pledged or 
 16.6   dedicated by the metropolitan council to the payment of 
 16.7   obligations or interest on them or expenses incident to them, or 
 16.8   for any other specific purpose authorized by law, shall be paid 
 16.9   by the board's treasurer into the fund to which they have been 
 16.10  pledged.  
 16.11     Subd. 2.  [FUNDS AND ACCOUNTS ESTABLISHED.] The 
 16.12  metropolitan council shall establish funds and accounts as may 
 16.13  be necessary or convenient to handle the receipts and 
 16.14  disbursements of the board in an orderly fashion. 
 16.15     Subd. 3.  [DEPOSITORIES; INVESTMENTS.] The money on hand in 
 16.16  the funds and accounts may be deposited in the official 
 16.17  depositories of the metropolitan council or invested as provided 
 16.18  in this subdivision.  The amount not currently needed or 
 16.19  required by law to be kept in cash on deposit, may be invested 
 16.20  in obligations authorized for the investment of municipal 
 16.21  sinking funds by section 475.66.  The money may also be held 
 16.22  under certificates of deposit issued by any official depository 
 16.23  of the metropolitan council.  
 16.24     Subd. 4.  [USE OF BOND PROCEEDS.] The use of proceeds of 
 16.25  all bonds issued by the metropolitan council for the purposes 
 16.26  enumerated in section 473.898, subdivision 1, other than 
 16.27  investment of all money on hand in any sinking fund or funds of 
 16.28  the council, shall be governed by the provisions of chapter 475, 
 16.29  the provisions of resolutions authorizing the issuance of the 
 16.30  bonds, and by the trust indenture.  
 16.31     Sec. 11.  [473.901] [USE OF EMERGENCY TELEPHONE SERVICE 
 16.33     Subdivision 1.  [COSTS COVERED BY FEE.] Beginning July 1, 
 16.34  1995, the following costs shall be paid from money appropriated 
 16.35  to the commissioner of administration for those costs from the 
 16.36  911 emergency telephone service account established under 
 17.1   section 403.11: 
 17.2      (1) debt service costs and reserves for bonds issued 
 17.3   pursuant to section 473.898; 
 17.4      (2) repayment of the right-of-way acquisition loans; 
 17.5      (3) costs of design, construction, maintenance of, and 
 17.6   improvements to those elements of the first phase that support 
 17.7   mutual aid communications and emergency medical services; or 
 17.8      (4) recurring charges for leased sites and equipment for 
 17.9   those elements of the first phase that support actual aid and 
 17.10  emergency medical communication services. 
 17.11     Money appropriated from the 911 emergency telephone service 
 17.12  fee account shall be used to pay annual debt service costs and 
 17.13  reserves for bonds issued pursuant to section 473.898 prior to 
 17.14  use of fee money to pay other costs eligible under this 
 17.15  subdivision.  In no event shall the money appropriated from the 
 17.16  911 emergency telephone service fee account for the first phase 
 17.17  radio system exceed an amount equal to four cents a month for 
 17.18  each customer access line or other basic access service, 
 17.19  including trunk equivalents as designated by the public 
 17.20  utilities commission for access charge purposes and including 
 17.21  cellular and other nonwire access services. 
 17.22     Subd. 2.  [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan 
 17.23  council shall transmit the annual budget of the radio board to 
 17.24  the commissioner of administration no later than December 15 of 
 17.25  each year.  The commissioner of administration shall include 
 17.26  eligible costs for the regionwide public safety communication 
 17.27  system in its request for legislative appropriations from the 
 17.28  911 emergency telephone service fee account.  All eligible costs 
 17.29  approved by the radio board shall be included in the 
 17.30  commissioner of administration's appropriation request.  
 17.31     Subd. 3.  [APPROPRIATION TRANSFERS.] Each month, before the 
 17.32  25th day of the month, the commissioner of administration shall 
 17.33  transmit to the metropolitan council 1/12 of its total approved 
 17.34  appropriation for the regionwide public safety communication 
 17.35  system. 
 17.36     Sec. 12.  [473.902] [OPERATING COSTS.] 
 18.1      Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
 18.2   current costs of the board in implementing regionwide public 
 18.3   safety radio communication plan system and the first phase 
 18.4   system shall be allocated among and paid by the following users, 
 18.5   all in accordance with the regionwide public safety radio system 
 18.6   communication plan adopted by the board: 
 18.7      (1) the state of Minnesota for its operations using the 
 18.8   system in the metropolitan counties; 
 18.9      (2) all local government units using the system; and 
 18.10     (3) other eligible users of the system. 
 18.12  PAYABLE.] Charges payable to the board by users of the system 
 18.13  may be made payable at those times during each year as the board 
 18.14  determines, but those dates shall be fixed with reference to the 
 18.15  dates on which tax, assessment, and revenue collections become 
 18.16  available to the government units required to pay such charges.  
 18.18  BOARD.] Each local government and other eligible users of the 
 18.19  first phase system shall pay to the board all sums charged to it 
 18.20  under this section, at the times and in the manner determined by 
 18.21  the board.  The governing body of each local government shall 
 18.22  take all action that may be necessary to provide the funds 
 18.23  required for these payments and to make them when due.  
 18.24     Subd. 4.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
 18.25  duty imposed on it by the council or radio board, the governing 
 18.26  body of every local government in the metropolitan area may 
 18.27  exercise the powers granted any municipality by chapters 117, 
 18.28  412, 429, 475, and by sections 115.46, 444.075, and 471.59. 
 18.29     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
 18.30  any local government using the first phase system fails to meet 
 18.31  any payment to the board under subdivision 1 when due, the 
 18.32  metropolitan council may certify to the auditor of the county in 
 18.33  which the government unit is located the amount required for 
 18.34  payment of the amount due with interest at six percent per 
 18.35  year.  The auditor shall levy and extend the amount due, with 
 18.36  interest, as a tax upon all taxable property in the government 
 19.1   unit for the next calendar year, free from any existing 
 19.2   limitations imposed by law or charter.  This tax shall be 
 19.3   collected in the same manner as the general taxes of the 
 19.4   government unit, and the proceeds of the tax, when collected, 
 19.5   shall be paid by the county treasurer to the board and credited 
 19.6   to the government unit for which the tax was levied. 
 19.7      Sec. 13.  [473.903] [SALE OF GENERAL OBLIGATION BONDS.] 
 19.8      Subdivision 1.  [AMOUNT; PURPOSES.] The metropolitan 
 19.9   council may by resolution authorize the issuance of general 
 19.10  obligation bonds of the council, in an amount outstanding and 
 19.11  undischarged at any time not more than $3,000,000, for which its 
 19.12  full faith and credit and taxing powers shall be pledged for the 
 19.13  council's share of the first phase.  The metropolitan council 
 19.14  may also issue general obligation bonds to refund outstanding 
 19.15  obligations issued under this section.  The amount of refunding 
 19.16  bonds that may be issued from time to time shall not be subject 
 19.17  to the dollar limitation contained in this subdivision nor the 
 19.18  refunding bonds be included in computing the amount of bonds 
 19.19  that may be issued within that dollar limitation.  
 19.20     Subd. 2.  [SALE, TERMS, SECURITY.] The metropolitan council 
 19.21  shall sell and issue the bonds in the manner provided in chapter 
 19.22  475 and shall have the same powers and duties as a municipality 
 19.23  issuing bonds under that law, except that the approval of a 
 19.24  majority of the electors shall not be required and the net debt 
 19.25  limitations shall not apply.  The bonds shall be secured in 
 19.26  accordance with section 475.61, subdivision 1, and any taxes 
 19.27  required for their payment shall be levied by the council, shall 
 19.28  not affect the amount or rate of taxes which may be levied by 
 19.29  the council for other purposes, and shall be levied without 
 19.30  limitation of rate or amount upon all taxable property in the 
 19.31  transit taxing district and transit area as provided in section 
 19.32  473.446, subdivision 1. 
 19.33     Subd. 3.  [TEMPORARY LOANS.] The metropolitan council may, 
 19.34  after the authorization of bonds under this section, provide 
 19.35  funds immediately required for the purposes of subdivision 1 by 
 19.36  effecting temporary loans upon terms as it shall by resolution 
 20.1   determine, evidenced by notes due in not exceeding 24 months 
 20.2   from their date, payable to the order of the lender or to the 
 20.3   bearer, to be repaid with interest from the proceeds of the 
 20.4   bonds when issued and delivered to the purchaser.  The temporary 
 20.5   loans may be made without public advertisement.  
 20.6      Sec. 14.  [473.904] [LOCAL PLANNING.] 
 20.7      Subdivision 1.  [COUNTY PLANNING PROCESS.] No later than 
 20.8   two years from the date of enactment of this act, each 
 20.9   metropolitan county shall undertake and complete a planning 
 20.10  process for its public safety radio subsystem to ensure 
 20.11  participation by representatives of local government units, 
 20.12  quasi-public service organizations, and private entities 
 20.13  eligible to use the regional public safety radio system and to 
 20.14  ensure coordination and planning of the local subsystems.  Local 
 20.15  governments and other eligible users shall cooperate with the 
 20.16  county in its preparation of the subsystem plan to ensure that 
 20.17  local needs are met.  The radio board shall encourage the 
 20.18  establishment by each metropolitan county of local public safety 
 20.19  radio subsystem committees composed of representatives of local 
 20.20  governments and other eligible users for the purposes of:  
 20.21     (1) establishing a plan for coordinated and timely use of 
 20.22  the regionwide public safety radio system by the local 
 20.23  governments and other eligible users within each metropolitan 
 20.24  county; and 
 20.25     (2) assisting and advising the board in its implementation 
 20.26  of the regional public safety radio plan by identification of 
 20.27  local service needs and objectives. 
 20.28     The board shall also encourage the establishment of joint 
 20.29  or multicounty planning for the regionwide public safety radio 
 20.30  system and subsystems. 
 20.31     The board may provide local boards with whatever assistance 
 20.32  it deems necessary and appropriate.  
 20.33     No metropolitan county or city of the first class shall be 
 20.34  required to undertake a technical subsystem design to meet the 
 20.35  planning process requirements of this subdivision or subdivision 
 20.36  2. 
 21.2   city of the first class in the metropolitan counties shall have 
 21.3   the option to participate in the county public safety radio 
 21.4   subsystem planning process or develop its own plan.  
 21.5      Subd. 3.  [SUBMISSION OF PLANS TO BOARD.] Each metropolitan 
 21.6   county and each city of the first class in the metropolitan area 
 21.7   which has chosen to develop its own plan shall submit the plan 
 21.8   to the board for the board's review and approval.  
 21.9      Subd. 4.  [LOCAL GOVERNMENT JOINDER.] Local government 
 21.10  units, except for cities of the first class in the service 
 21.11  organizations, and private entities eligible to use the regional 
 21.12  public safety radio system cannot join the system until its 
 21.13  county plan has been approved by the board. 
 21.14     Sec. 15.  [473.905] [OPTIONAL LOCAL USE OF REGIONAL 
 21.15  SYSTEM.] 
 21.16     Subdivision 1.  [OPTIONS.] Use of the regional public 
 21.17  safety radio system by local governments, quasi-public service 
 21.18  organizations, and private entities eligible to use the system 
 21.19  shall be optional and no local government or other eligible user 
 21.20  of the system shall be required to abandon or modify current 
 21.21  public safety radio communication systems or purchase new 
 21.22  equipment until the local government or other eligible user 
 21.23  elects to join the system.  Public safety radio communication 
 21.24  service to local governments and other eligible users who do not 
 21.25  initially join the system shall not be interrupted.  No local 
 21.26  government or other eligible users who do not join the system 
 21.27  shall be charged a user fee for the use of the system.  
 21.28     Subd. 2.  [REQUIREMENTS TO JOIN.] Local governments and 
 21.29  other entities eligible to join the regional public safety radio 
 21.30  system which elect to join the system must do so in accordance 
 21.31  with and meet the requirements of the provisions of the plan 
 21.32  adopted by the radio board as provided in section 473.894, 
 21.33  subdivision 2.  
 21.34     Sec. 16.  [FIRST BUDGET; TEMPORARY FUNDING.] 
 21.35     Subdivision 1.  [FIRST BUDGET.] The budget of the board 
 21.36  prepared in 1995 need not be submitted to the council until 
 22.1   October 1, 1995, and the council has 30 days to approve or 
 22.2   disapprove the entire budget.  The council may disapprove only 
 22.3   if the budget does not have adequate reserves to meet debt 
 22.4   service. 
 22.5      Subd. 2.  [TEMPORARY FUNDING.] For fiscal year 1996, the 
 22.6   appropriation from the 911 emergency telephone service fee 
 22.7   account shall be $293,000.  For fiscal year 1997, the 
 22.8   appropriation from the 911 emergency telephone service fee 
 22.9   account shall be $93,000. 
 22.10     Sec. 17.  [APPROPRIATION.] 
 22.11     $194,000 is appropriated from the trunk highway fund to the 
 22.12  commissioner of transportation for the biennium ending June 30, 
 22.13  1997, for the purposes of implementing the first phase of the 
 22.14  public safety radio communications system as provided in 
 22.15  Minnesota Statutes, sections 174.70 and 473.894. 
 22.16     Sec. 18.  [APPLICATION.] 
 22.17     Sections 1 to 16 apply in Anoka, Carver, Dakota, Hennepin, 
 22.18  Ramsey, Scott, and Washington counties.  
 22.19     Sec. 19.  [EFFECTIVE DATE.] 
 22.20     Sections 1 to 16 and 18 are effective the day after final 
 22.21  enactment.  Section 17 is effective July 1, 1995.  
 22.22                             ARTICLE 2
 22.23                        CONFORMING AMENDMENT
 22.24     Section 1.  Minnesota Statutes 1994, section 352.01, 
 22.25  subdivision 2a, is amended to read: 
 22.26     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 22.27  includes: 
 22.28     (1) employees of the Minnesota historical society; 
 22.29     (2) employees of the state horticultural society; 
 22.30     (3) employees of the Disabled American Veterans, Department 
 22.31  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 22.32  if employed before July 1, 1963; 
 22.33     (4) employees of the Minnesota crop improvement 
 22.34  association; 
 22.35     (5) employees of the adjutant general who are paid from 
 22.36  federal funds and who are not covered by any federal civilian 
 23.1   employees retirement system; 
 23.2      (6) employees of the state universities employed under the 
 23.3   university activities program; 
 23.4      (7) currently contributing employees covered by the system 
 23.5   who are temporarily employed by the legislature during a 
 23.6   legislative session or any currently contributing employee 
 23.7   employed for any special service as defined in clause (8) of 
 23.8   subdivision 2b; 
 23.9      (8) employees of the armory building commission; 
 23.10     (9) permanent employees of the legislature and persons 
 23.11  employed or designated by the legislature or by a legislative 
 23.12  committee or commission or other competent authority to conduct 
 23.13  a special inquiry, investigation, examination, or installation; 
 23.14     (10) trainees who are employed on a full-time established 
 23.15  training program performing the duties of the classified 
 23.16  position for which they will be eligible to receive immediate 
 23.17  appointment at the completion of the training period; 
 23.18     (11) employees of the Minnesota safety council; 
 23.19     (12) any employees on authorized leave of absence from the 
 23.20  transit operating division of the former metropolitan transit 
 23.21  commission who are employed by the labor organization which is 
 23.22  the exclusive bargaining agent representing employees of the 
 23.23  transit operating division; 
 23.24     (13) employees of the metropolitan council, metropolitan 
 23.25  parks and open space commission, metropolitan sports facilities 
 23.26  commission, or the metropolitan mosquito control commission, or 
 23.27  metropolitan radio board unless excluded or covered by another 
 23.28  public pension fund or plan under section 473.141, subdivision 
 23.29  12, or 473.415, subdivision 3; 
 23.30     (14) judges of the tax court; and 
 23.31     (15) personnel employed on June 30, 1992, by the University 
 23.32  of Minnesota in the management, operation, or maintenance of its 
 23.33  heating plant facilities, whose employment transfers to an 
 23.34  employer assuming operation of the heating plant facilities, so 
 23.35  long as the person is employed at the University of Minnesota 
 23.36  heating plant by that employer or by its successor organization. 
 24.1      (b) Employees specified in paragraph (a), clause (15), are 
 24.2   included employees under paragraph (a) providing that employer 
 24.3   and employee contributions are made in a timely manner in the 
 24.4   amounts required by section 352.04.  Employee contributions must 
 24.5   be deducted from salary.  Employer contributions are the sole 
 24.6   obligation of the employer assuming operation of the University 
 24.7   of Minnesota heating plant facilities or any successor 
 24.8   organizations to that employer.