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HF 669

as introduced - 88th Legislature (2013 - 2014) Posted on 04/17/2013 02:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; expanding and updating the authority of the Statewide
Radio Board to include the latest emergency communication technologies;
authorizing the Statewide Radio Board to elect to become a statewide emergency
communication board; including tribal governments in regional radio board
structure; providing comprehensive authority under board to address all
emergency communications; providing for rulemaking; amending Minnesota
Statutes 2012, sections 403.21, subdivisions 2, 13, by adding a subdivision;
403.37, subdivision 1; 403.38; 403.39; 403.40, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 403; repealing Minnesota Statutes
2012, sections 403.21, subdivision 6; 403.33.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 403.21, is amended by adding a
subdivision to read:


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
Radio Matrix for Emergency Response," "ARMER," "statewide, shared, trunked radio,
and communication system," or "statewide public safety radio system" means the public
safety radio system established under section 403.36.
new text end

Sec. 2.

Minnesota Statutes 2012, section 403.21, subdivision 2, is amended to read:


Subd. 2.

new text beginStatewide Radio new text endBoard.

deleted text begin "Board" or "radio board" means the Statewide
Radio Board.
deleted text end new text begin "Statewide Radio Board," "radio board," or "board" means the Statewide
Radio Board established under section 403.36 and where the Statewide Radio Board
has affirmatively elected to become a Statewide Emergency Communication Board as
provided in section 403.382 it shall mean the Statewide Emergency Communication
Board as the successor to the Statewide Radio Board.
new text end

Sec. 3.

Minnesota Statutes 2012, section 403.21, subdivision 13, is amended to read:


Subd. 13.

Regional radio board.

"Regional radio board" or "regional board" means
a regional radio board established under section 403.39new text begin and shall include any successor
organization to the regional radio board
new text end.

Sec. 4.

Minnesota Statutes 2012, section 403.37, subdivision 1, is amended to read:


Subdivision 1.

General.

In addition to any other powers specifically provided
by law, the Statewide Radio Board has the powers new text beginnecessary to oversee the planning,
implementation, and maintenance of the ARMER system
new text endgiven in this section.

Sec. 5.

Minnesota Statutes 2012, section 403.38, is amended to read:


403.38 STATEWIDE new text beginARMER new text endINTEGRATION.

Notwithstanding any provision to the contrary in sections 403.21 to 403.40, the
Statewide Radio Board has the final authority over technical and operational standards
necessary to provide for the development and implementation of deleted text begina statewide backbonedeleted text endnew text begin the
ARMER system
new text end that maximizes the integration of the public safety radio communication
system throughout the state, including the backbone previously established by the
Metropolitan Radio Board. Technical and operational standards that do not interfere with
the integration of the system may be established locally or regionally.

Sec. 6.

new text begin [403.382] STATEWIDE EMERGENCY COMMUNICATION BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Statewide Emergency Communication Board. new text end

new text begin (a) By an
affirmative vote of a majority of the members of the Statewide Radio Board, the board
may elect to become a Statewide Emergency Communication Board.
new text end

new text begin (b) As a Statewide Emergency Communication Board, the board shall be responsible
for the statewide coordination of 911 service in addition to existing responsibilities for the
ARMER system provided for in sections 403.21 to 403.37.
new text end

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,
the Statewide Emergency Communication Board has the powers given in this section for
the coordination of 911 services.
new text end

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
Minnesota's next generation 911 service with local and regional plans and modify the
plan as necessary to facilitate the implementation of 911 services throughout the state
in accordance with federal law.
new text end

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
performance of 911 service necessary to assure development that maximizes compatibility
and interoperability of 911 service throughout the state.
new text end

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
under subdivision 3 for 911 service and ensure that the 911 services are implemented,
operated, and maintained in accordance with the 911 service plan.
new text end

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
to maintain interoperability and minimum design standards to the extent to which local
governments and nongovernmental public safety entities eligible for direct connection to
Minnesota's 911 network may provide for system enhancements at their own expense.
new text end

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
performance, operational, and system standards for the operation of 911 services.
new text end

new text begin Subd. 8. new text end

new text begin Other emergency communication system planning and coordination.
new text end

new text begin In addition to powers provided for in this section for the coordination of 911 service, the
board shall be responsible for planning and coordination of the following public safety
emergency communication networks:
new text end

new text begin (1) developing and maintaining a plan for the implementation of a statewide public
safety broadband network, including the definition of technical and operational standards
for that network; and
new text end

new text begin (2) other wireless communication technologies or wireless communication networks
for public safety communications, where the board finds that coordination and planning on
a regional or statewide basis is appropriate or where regional or statewide coordination
has been requested by the Federal Communications Commission or the Department of
Homeland Security which is coordinating the technology or network on a national level.
new text end

Sec. 7.

Minnesota Statutes 2012, section 403.39, is amended to read:


403.39 REGIONAL RADIO BOARDS.

Subdivision 1.

Establishment.

Notwithstanding the provisions of section 471.59,
subdivision 1
, requiring commonality of powers, two or more counties or a city and one or
more counties within a region defined in the statewide radio board's project plan under
section 403.36, through action of their governing bodies, by adoption of a joint powers
agreement that complies with section 471.59, subdivisions 1 to 5, may establish a regional
radio board to implement, maintain, and operate regional and local improvements to the
statewide, shared, trunked radio and communication system provided for in section 403.36.
new text beginWhere the governing bodies of the participating units of government of a regional radio
board have approved an amendment to the regional radio board's joint powers agreement
authorizing the incorporation of a federally recognized Indian tribe into the joint powers
agreement, the federally recognized Indian tribe may be incorporated into the joint powers
agreement upon the adoption of the joint powers agreement by the tribe's governing body.
new text endMembership in a regional radio board shall include one county commissioner appointed
by each respective county board party to the joint powers agreement and an elected official
from any city party to the joint powers agreement, and may include additional members
whose qualifications are specified in the joint powers agreement.

Subd. 2.

Powers.

In addition to the powers enumerated in section 471.59, a regional
radio board, as necessary and convenient to implement regional and local improvements
to the statewide, shared, trunked radio and communication system provided for in section
403.36, has the following powers:

(1) to establish bylaws and other organizational procedures consistent with the terms
of the joint powers agreement;

(2) to apply for and hold licenses for public safety frequencies to be used in regional
and local improvements, including a regional data system;

(3) to set or adopt regional performance and technical standards, subject to review
by the Statewide Radio Board, that do not interfere with the backbone or interoperability
infrastructure administered by the Statewide Radio Board;

(4) to enter into contracts necessary to carry out its responsibilities;

(5) to acquire by purchase, lease, gift, or grant, property, both real and personal,
and interests in property necessary for the accomplishment of its purposes and to sell or
otherwise dispose of property it no longer requires; and

(6) to contract with the state of Minnesota, through the commissioner of
transportation, for construction, ownership, operation, and maintenance of regional or
local improvements to the statewide, shared, trunked radio and communication system.

Subd. 3.

Relationship to local governments.

Where a regional radio board has
been established in accordance with this section, local governments and other public
entities eligible under part 90 of the FCC rules to operate upon a statewide, shared public
safety radio and communication system within the region covered by the regional radio
board must coordinate its implementation through one of the parties to the joint powers
agreement. For purposes of grants made available by the Department of Public Safety, a
regional radio board is entitled to apply for deleted text beginanddeleted text endnew text begin,new text end receive deleted text begina grantdeleted text endnew text begin, and administer grants
new text end on behalf of one or more new text beginpublic safety entities operating within the new text endcounties who are a
party to the joint powers agreement.

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
under section 471.59 from expanding the scope of the joint powers agreement to include
the joint or cooperative exercise of powers consistent with section 471.59 related to
other public safety purposes which may include the joint and cooperative exercise of
powers among less than all members of the regional radio board. An amendment to the
joint powers agreement expanding the scope of the agreement must be approved by the
governing bodies of each of the members of the regional radio board.
new text end

Sec. 8.

new text begin [403.392] REGIONAL EMERGENCY COMMUNICATION BOARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Regional emergency communication board election. new text end

new text begin A regional
radio board may elect to become a regional emergency communication board by amending
the joint powers agreement establishing the regional radio board to include responsibility
for coordinating 911 service within the region.
new text end

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
radio board has elected to become a regional emergency communication board, the board
shall have the powers provided for in sections 403.39 and 471.59. The board must provide
for the following powers in its joint power agreement:
new text end

new text begin (1) the development and maintenance of a regional plan for the implementation of
Next Generation 911 (NG911) service within the region or within subregions of the region
consistent with standards established under section 403.382; and
new text end

new text begin (2) the establishment of regional technical and operational standards for the
implementation of NG911 service within the region or within subregions of the region that
are consistent with technical and operational standards for 911 service adopted pursuant
to section 403.382.
new text end

Sec. 9.

Minnesota Statutes 2012, section 403.40, subdivision 2, is amended to read:


Subd. 2.

Topical advisory committees.

The Statewide Radio Board may establish
deleted text beginthe following additional advisory committeesdeleted text endnew text begin one or more advisory groups for the
purpose of advising on the plan, design, implementation, and administration of statewide
interoperable public safety communications
new text end with representatives from each region of
implementation to advise onnew text begin, at least,new text end the following topical areasnew text begin specified for each
committee
new text end:

(1) a committee of users representing all regions where the system backbone has
been implemented to make recommendations on how capital and operating costs of the
system should be apportioned among users, including the cost of additional participants;

(2) a deleted text beginsystems managerdeleted text end committee to make recommendations on performance and
operational standards for the system to the extent that performance and operational
standards impact the operation of the system backbone and interoperability infrastructure;
deleted text beginand
deleted text end

(3) an operations and technical committee to make recommendations on the plan
and operational issues related to the technical aspects of the system backbone and
interoperability infrastructuredeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) in cases where the board has made an election under section 403.382, a 911
operations and technical committee to make recommendations on the 911 service plan
and operational issues related to the technical aspects of the implementation of Next
Generation 911 service throughout the state.
new text end

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 403.21,
subdivision 2, as section 403.21, subdivision 7a. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

Sec. 11. new text begin REPEALER.
new text end

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