HF 2282

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing the 
  1.3             commissioner of public safety to impose fees on local 
  1.4             users of CriMNet to support the capital cost of its 
  1.5             development; authorizing the issuance of state revenue 
  1.6             bonds; appropriating money; proposing coding for new 
  1.7             law in Minnesota Statutes, chapter 299C.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [299C.651] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICATION.] The definitions in this 
  1.11  section apply to sections 299C.651 to 299C.653. 
  1.12     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.13  commissioner of finance. 
  1.14     Subd. 3.  [CRIMNET.] "CriMNet" means the Criminal Justice 
  1.15  Information System Network administered by the commissioner of 
  1.16  public safety. 
  1.17     Sec. 2.  [299C.652] [CRIMNET LOCAL USER IMPLEMENTATION 
  1.18  PLAN.] 
  1.19     Subdivision 1.  [3 PHASES.] (a) By December 31, 2005, the 
  1.20  Criminal and Juvenile Information Policy Group, in collaboration 
  1.21  with the task force appointed under section 299C.65, subdivision 
  1.22  2, must prepare its local user implementation plan by no later 
  1.23  than December 31, 2005.  The plan must provide three phases of 
  1.24  implementation, with the last phase to be completed no later 
  1.25  than December 31, 2009, with all local users having complete 
  1.26  work flow capability by that date.  This is the new mandated 
  2.1   statewide standard for information sharing and the technology 
  2.2   capability requirements for local users.  The implementation 
  2.3   plan shall be submitted to house and senate committees with 
  2.4   jurisdiction over the subject areas. 
  2.5      (b) The implementation plan must set forth the cost to 
  2.6   fully implement the new mandated statewide standard for all 
  2.7   local users of CriMNet in this state by no later than December 
  2.8   31, 2009.  The implementation plan must also include a 
  2.9   definition of "local user" for purposes of establishing the 
  2.10  mandated statewide standard for CriMNet capability for criminal 
  2.11  justice agencies in the state of Minnesota. 
  2.12     (c) All local users of CriMNet must be charged a 
  2.13  participation fee to be deposited in the CriMNet debt service 
  2.14  account first to pay the debt service on the revenue bonds.  
  2.15  Local users of CriMNet includes all cities and counties.  The 
  2.16  participation fee amounts must be determined by the task force 
  2.17  and must be collected on a sliding fee basis in the range of 
  2.18  $2,000 to $25,000 annually per local user, depending upon the 
  2.19  per capita service area of the local user.  The fees must be 
  2.20  collected in a timely manner relative to the actual 
  2.21  implementation date for CriMNet for each local user. 
  2.22     (d) The participation fees provide the money for the debt 
  2.23  service on the revenue bonds.  The bonds are secured by offsets 
  2.24  from aids and credits that are transferred from the state to the 
  2.25  local user's jurisdiction under sections 477A.011 to 477A.03.  
  2.26  The commissioner of revenue shall automatically make the offsets 
  2.27  when the participation fees are due.  The commissioner of public 
  2.28  safety shall provide the commissioner of revenue with the 
  2.29  information necessary to make the offsets.  The implementation 
  2.30  plan must include an assessment of the necessary local upgrades 
  2.31  that will be needed by local agencies to hook up to the CriMNet 
  2.32  system, and must be prepared in cooperation with the county/city 
  2.33  administration for the local user. 
  2.34     Subd. 2.  [LOCAL USER TECHNICAL PANEL.] The implementation 
  2.35  plan shall be prepared with the assistance and advice of a local 
  2.36  user technical panel comprised of information technology 
  3.1   specialists appointed as follows:  one from each of the regional 
  3.2   districts of the Association of Minnesota Counties, five from 
  3.3   the League of Minnesota Cities, five from the Coalition of 
  3.4   Greater Minnesota Cities, and one from M.I.C.A. 
  3.5      Subd. 3.  [PARTICIPATION FEES.] Except as otherwise 
  3.6   directed by law, and after consulting with all affected parties 
  3.7   and with the approval of the commissioner of finance, the policy 
  3.8   group shall impose on participants in CriMNet fees sufficient to 
  3.9   recover the costs of developing CriMNet.  The commissioner of 
  3.10  finance may begin collecting the fees on January 1, 2006, and 
  3.11  may offset any local aids and credits as provided in subdivision 
  3.12  1. 
  3.13     Subd. 4.  [CRIMNET ACCOUNT.] The CriMNet local user and the 
  3.14  CriMNet debt service account are created as special accounts in 
  3.15  the state treasury.  All revenue collected from the fees imposed 
  3.16  under subdivision 3 must first be credited to the debt service 
  3.17  account in an amount sufficient to pay when due all debt service 
  3.18  payments on the revenue bonds issued under section 3.  The 
  3.19  balance may be deposited in the local users CriMNet account.  
  3.20  Any money not needed by the debt service account may be 
  3.21  transferred to the local users CriMNet account.  
  3.22     Subd. 5.  [INITIAL COSTS AND ONGOING MAINTENANCE 
  3.23  COSTS.] The implementation plan must address the feasibility of 
  3.24  developing ten regional hubs for local users.  The initial cost 
  3.25  of building the hubs must come from bond proceeds, but the 
  3.26  ongoing maintenance and operation of the hubs is the 
  3.27  responsibility of the state.  The initial cost for the local 
  3.28  users to connect to and access the regional hubs must come from 
  3.29  bond proceeds, but the ongoing maintenance of connectivity and 
  3.30  access is the responsibility of the local user.  To the maximum 
  3.31  extent possible, the participation fees must be maximized, 
  3.32  conserved, and reserved to provide cost efficiencies, vendor 
  3.33  warranties, and a continuing source of cash flow for ongoing 
  3.34  maintenance, replacement costs, and statewide upgrades. 
  3.35     Subd. 6.  [APPROPRIATION.] Money in the local users CriMNet 
  3.36  account is appropriated to the commissioner of finance to pay 
  4.1   the costs of implementing the CriMNet implementation plan, after 
  4.2   all the money necessary to pay when due on debt service of the 
  4.3   revenue bonds issued under section 299C.653 has been paid. 
  4.4      Sec. 3.  [299C.653] [CRIMNET REVENUE BONDS AND THEIR USE.] 
  4.5      Subdivision 1.  [BONDING AUTHORITY.] Upon request of the 
  4.6   policy group, the commissioner of finance may sell and issue 
  4.7   state revenue bonds to pay the costs of implementing the CriMNet 
  4.8   implementation plan, to establish a reserve fund or funds, and 
  4.9   to pay the cost of issuance of the bonds. 
  4.10     Subd. 2.  [AMOUNT.] The principal amount of the bonds 
  4.11  issued for the purposes specified in subdivision 1 must not 
  4.12  exceed $..,...,.... 
  4.13     Subd. 3.  [PROCEDURE.] The commissioner may sell and issue 
  4.14  the bonds on the terms and conditions the commissioner 
  4.15  determines to be in the best interests of the state but not more 
  4.16  than $10,000,000 may be issued in any one calendar year.  The 
  4.17  bonds may be sold at public or private sale.  The commissioner 
  4.18  may enter any agreements or pledges the commissioner determines 
  4.19  necessary or useful to sell the bonds that are not inconsistent 
  4.20  with sections 299C.651 to 299C.653.  Sections 16A.672 to 16A.675 
  4.21  apply to the bonds. 
  4.22     Subd. 4.  [POLICY GROUP.] Each installment of bonds is 
  4.23  payable in ten-year increments.  Subject to the approval of the 
  4.24  commissioner, the policy group must determine when to begin 
  4.25  collecting participation fees for repayment of the bonds, and 
  4.26  how much must be collected on an ongoing basis for deposit in 
  4.27  the CriMNet account and CriMNet debt service account. 
  4.28     Subd. 5.  [REVENUE SOURCES.] Each installment of bonds is 
  4.29  payable in ten-year increments.  The debt service on the bonds 
  4.30  is payable only from the following sources: 
  4.31     (1) money appropriated from the CriMNet debt service 
  4.32  account; 
  4.33     (2) the principal and any investment earnings on the assets 
  4.34  of the debt service account; and 
  4.35     (3) other revenues pledged to the payment of the bonds. 
  4.36     Subd. 6.  [REFUNDING BONDS.] The commissioner may issue 
  5.1   bonds to refund outstanding bonds issued under subdivision 1, 
  5.2   including the payment of any redemption premiums on the bonds 
  5.3   and any interest accrued or to accrue to the first redemption 
  5.4   date after delivery of the refunding bonds.  The proceeds of the 
  5.5   refunding bonds may, in the discretion of the commissioner, be 
  5.6   applied to the purchases or payment at maturity of the bonds to 
  5.7   be refunded, or the redemption of the outstanding bonds on the 
  5.8   first redemption date after delivery of the refunding bonds and 
  5.9   may, until so used, be placed in escrow to be applied to the 
  5.10  purchase, retirement, or redemption.  Refunding bonds issued 
  5.11  under this subdivision must be issued and secured in the manner 
  5.12  provided by the commissioner. 
  5.13     Subd. 7.  [NOT A GENERAL OR MORAL OBLIGATION.] Bonds issued 
  5.14  under this section are not public debt, and the full faith, 
  5.15  credit, and taxing powers of the state are not pledged for their 
  5.16  payment.  The bonds may not be paid, directly in whole or in 
  5.17  part from a tax of statewide application on any class of 
  5.18  property, income, transaction, or privilege.  Payment of the 
  5.19  bonds is limited to the revenues explicitly authorized to be 
  5.20  pledged under this section.  The state neither makes nor has a 
  5.21  moral obligation to pay the bonds if the pledged revenues and 
  5.22  other legal security for them is insufficient. 
  5.23     Subd. 8.  [TRUSTEE.] The commissioner may contract with and 
  5.24  appoint a trustee for bond holders.  The trustee has the powers 
  5.25  and authority vested in it by the commissioner under the bond 
  5.26  and trust indentures.  
  5.27     Subd. 9.  [PLEDGES.] Any pledge made by the commissioner is 
  5.28  valid and binding from the time the pledge is made.  The money 
  5.29  or property pledged and later received by the commissioner is 
  5.30  immediately subject to the lien of the pledge without any 
  5.31  physical delivery of the property or money or further act, and 
  5.32  the lien of any pledge is valid and binding as against all 
  5.33  parties having claims of any kind in tort, contract, or 
  5.34  otherwise against the commissioner, whether or not those parties 
  5.35  have notice of the lien or pledge.  Neither the order nor any 
  5.36  other instrument by which a pledge is created need be recorded. 
  6.1      Subd. 10.  [BONDS; PURCHASE AND CANCELLATION.] The 
  6.2   commissioner, subject to agreements with bondholders that may 
  6.3   then exist, may, out of any money available for the purpose, 
  6.4   purchase bonds of the commissioner at a price not exceeding (1) 
  6.5   if the bonds are then redeemable, the redemption price then 
  6.6   applicable plus accrued interest to the next interest payment 
  6.7   date thereon, or (2) if the bonds are not redeemable, the 
  6.8   redemption price applicable on the first date after the purchase 
  6.9   upon which the bonds become subject to redemption plus accrued 
  6.10  interest to that date. 
  6.11     Subd. 11.  [STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.] 
  6.12  The state pledges and agrees with the holders of any bonds that 
  6.13  the state will not limit or alter the rights vested in the 
  6.14  commissioner to fulfill the terms of any agreements made with 
  6.15  the bondholders, or in any way impair the rights and remedies of 
  6.16  the holders until the bonds, together with interest on them, 
  6.17  with interest on any unpaid installments of interest, and all 
  6.18  costs and expenses in connection with any action or proceeding 
  6.19  by or on behalf of the bondholders, are fully met and 
  6.20  discharged.  The commissioner may include this pledge and 
  6.21  agreement of the state in any agreement with the holders of 
  6.22  bonds issued under this section.