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Minnesota Legislature

Office of the Revisor of Statutes

HF 2695

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24
2.1

A bill for an act
relating to telecommunications; prohibiting publicly owned broadband systems;
proposing coding for new law in Minnesota Statutes, chapter 237.

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

Section 1.

new text begin [237.201] PUBLICLY OWNED BROADBAND SYSTEM;
PROHIBITION.
new text end

new text begin (a) Notwithstanding section 475.58, subdivision 1, other state law, county ordinance,
or any authority granted in a home rule charter, a city or a county may not use tax revenues
raised within its jurisdiction or issue debt to construct, acquire, own, or operate, in whole
or in part, a system to deliver broadband service.
new text end

new text begin (b) Notwithstanding sections 123A.21, 123B.61 to 123B.63, 125B.26, and 475.58,
subdivision 1, no school district or service cooperative may use state revenues, tax
revenues raised within its jurisdiction, or issue debt to construct, acquire, own, or operate,
in whole or in part, a system to deliver broadband service.
new text end

new text begin (c) For the purposes of this section, "broadband service" means a service that allows
subscribers to access information from the Internet by means of a physical, terrestrial,
nonmobile, or fixed wireless technology.
new text end

new text begin (d) This section applies to a system to deliver broadband service whose construction
begins after the effective date of this section, but does not apply to:
new text end

new text begin (1) the city of Minneapolis, St. Paul, or Duluth; or
new text end

new text begin (2) the maintenance or repair of a system delivering broadband service whose initial
construction began before the effective date of this section, provided that the geographical
area in which the system delivers broadband service is not expanded as a result of the
maintenance or repair.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end