HF 669

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/24/2013 04:16pm

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    Subd. 1a. Allied Radio Matrix for Emergency Response (ARMER). "Allied
1.16Radio Matrix for Emergency Response," "ARMER," "statewide, shared, trunked radio,
1.17and communication system," or "statewide public safety radio system" means the public
1.18safety radio system established under section 403.36.

1.19    Sec. 2. Minnesota Statutes 2012, section 403.21, subdivision 2, is amended to read:
1.20    Subd. 2. Statewide Radio Board. "Board" or "radio board" means the Statewide
1.21Radio Board. "Statewide Radio Board," "radio board," or "board" means the Statewide
1.22Radio Board established under section 403.36 and where the Statewide Radio Board
1.23has affirmatively elected to become a Statewide Emergency Communication Board as
1.24provided in section 403.382 it shall mean the Statewide Emergency Communication
1.25Board as the successor to the Statewide Radio Board.

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 and shall include any successor
2.4organization to the regional radio board.

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 necessary to oversee the planning,
2.8implementation, and maintenance of the ARMER system given in this section.

2.9    Sec. 5. Minnesota Statutes 2012, section 403.38, is amended to read:
2.10403.38 STATEWIDE ARMER 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 the
2.14ARMER system 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. [403.382] STATEWIDE EMERGENCY COMMUNICATION BOARD.
2.19    Subdivision 1. Statewide Emergency Communication Board. (a) By an
2.20affirmative vote of a majority of the members of the Statewide Radio Board, the board
2.21may elect to become a Statewide Emergency Communication Board.
2.22(b) As a Statewide Emergency Communication Board, the board shall be responsible
2.23for the statewide coordination of 911 service in addition to existing responsibilities for the
2.24ARMER system provided for in sections 403.21 to 403.37.
2.25    Subd. 2. 911 service. In addition to any other powers specifically provided by law,
2.26the Statewide Emergency Communication Board has the powers given in this section for
2.27the coordination of 911 services.
2.28    Subd. 3. Planning. The board shall coordinate the plan for the implementation of
2.29Minnesota's next generation 911 service with local and regional plans and modify the
2.30plan as necessary to facilitate the implementation of 911 services throughout the state
2.31in accordance with federal law.
3.1    Subd. 4. 911 service architecture. The board shall define the standards for system
3.2performance of 911 service necessary to assure development that maximizes compatibility
3.3and interoperability of 911 service throughout the state.
3.4    Subd. 5. Implementation. The board shall oversee the implementation of the plan
3.5under subdivision 3 for 911 service and ensure that the 911 services are implemented,
3.6operated, and maintained in accordance with the 911 service plan.
3.7    Subd. 6. System enhancements. The board shall coordinate system enhancements
3.8to maintain interoperability and minimum design standards to the extent to which local
3.9governments and nongovernmental public safety entities eligible for direct connection to
3.10Minnesota's 911 network may provide for system enhancements at their own expense.
3.11    Subd. 7. System standards. The board shall establish and enforce rules establishing
3.12performance, operational, and system standards for the operation of 911 services.
3.13    Subd. 8. Other emergency communication system planning and coordination.
3.14In addition to powers provided for in this section for the coordination of 911 service, the
3.15board shall be responsible for planning and coordination of the following public safety
3.16emergency communication networks:
3.17(1) developing and maintaining a plan for the implementation of a statewide public
3.18safety broadband network, including the definition of technical and operational standards
3.19for that network; and
3.20(2) other wireless communication technologies or wireless communication networks
3.21for public safety communications, where the board finds that coordination and planning on
3.22a regional or statewide basis is appropriate or where regional or statewide coordination
3.23has been requested by the Federal Communications Commission or the Department of
3.24Homeland Security which is coordinating the technology or network on a national level.

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.
3.34Where the governing bodies of the participating units of government of a regional radio
3.35board have approved an amendment to the regional radio board's joint powers agreement
4.1authorizing the incorporation of a federally recognized Indian tribe into the joint powers
4.2agreement, the federally recognized Indian tribe may be incorporated into the joint powers
4.3agreement upon the adoption of the joint powers agreement by the tribe's governing body.
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, receive a grant, and administer grants
4.33 on behalf of one or more public safety entities operating within the counties who are a
4.34party to the joint powers agreement.
4.35    Subd. 4. Scope. Nothing in this section shall limit a regional radio board organized
4.36under section 471.59 from expanding the scope of the joint powers agreement to include
5.1the joint or cooperative exercise of powers consistent with section 471.59 related to
5.2other public safety purposes which may include the joint and cooperative exercise of
5.3powers among less than all members of the regional radio board. An amendment to the
5.4joint powers agreement expanding the scope of the agreement must be approved by the
5.5governing bodies of each of the members of the regional radio board.

5.6    Sec. 8. [403.392] REGIONAL EMERGENCY COMMUNICATION BOARDS.
5.7    Subdivision 1. Regional emergency communication board election. A regional
5.8radio board may elect to become a regional emergency communication board by amending
5.9the joint powers agreement establishing the regional radio board to include responsibility
5.10for coordinating 911 service within the region.
5.11    Subd. 2. Powers of regional emergency communication board. Where a regional
5.12radio board has elected to become a regional emergency communication board, the board
5.13shall have the powers provided for in sections 403.39 and 471.59. The board must provide
5.14for the following powers in its joint power agreement:
5.15(1) the development and maintenance of a regional plan for the implementation of
5.16Next Generation 911 (NG911) service within the region or within subregions of the region
5.17consistent with standards established under section 403.382; and
5.18(2) the establishment of regional technical and operational standards for the
5.19implementation of NG911 service within the region or within subregions of the region that
5.20are consistent with technical and operational standards for 911 service adopted pursuant
5.21to section 403.382.

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 one or more advisory groups for the
5.25purpose of advising on the plan, design, implementation, and administration of statewide
5.26interoperable public safety communications with representatives from each region of
5.27implementation to advise on, at least, the following topical areas specified for each
5.28committee:
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.; and
6.6(4) in cases where the board has made an election under section 403.382, a 911
6.7operations and technical committee to make recommendations on the 911 service plan
6.8and operational issues related to the technical aspects of the implementation of Next
6.9Generation 911 service throughout the state.

6.10    Sec. 10. ARMER AND 911 FUNDING STUDY.
6.11The Statewide Radio Board shall study long-term funding strategies for statewide
6.12public safety communications including but not limited to the Allied Radio Matrix for
6.13Emergency Response (ARMER) and 911 systems, including public and private funding
6.14options such as bonds, grants, public and private partnerships, leverage of private capital
6.15funding sources such as vendor financing or a higher degree of leveraging of commercial
6.16carrier assets, methods for covering the operational costs for sustainability, user fees, and
6.17local funding. The study must include a substantive assessment and evaluation of the
6.18funding strategies for and authorized uses of future ARMER system and 911 system needs
6.19and upgrades and capital and operating costs. The board shall report to the chairs and
6.20ranking minority members of the house of representatives and senate committees with
6.21jurisdiction over capital investment and criminal justice funding and policy by January 15,
6.222014, on the results of the study.

6.23    Sec. 11. REVISOR'S INSTRUCTION.
6.24The revisor of statutes shall renumber Minnesota Statutes, section 403.21,
6.25subdivision 2, as section 403.21, subdivision 7a. The revisor shall also make necessary
6.26cross-reference changes consistent with the renumbering.

6.27    Sec. 12. REPEALER.
6.28Minnesota Statutes 2012, sections 403.21, subdivision 6; and 403.33, are repealed.