SF 234

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan radio board; modifying 
  1.3             certain provisions and extending the sunset date for 
  1.4             the board; requiring a report; amending Minnesota 
  1.5             Statutes 1998, sections 473.893, subdivision 2; 
  1.6             473.897, subdivision 1; and 473.901, subdivision 2; 
  1.7             Laws 1995, chapter 195, article 1, section 18. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 473.893, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [MEMBERSHIP.] The board consists of 17 members.  
  1.12  Fifteen members shall be local officials and shall include:  
  1.13     (1) one county commissioner appointed by each respective 
  1.14  county board from each of the seven metropolitan counties; 
  1.15     (2) an elected official from each of the cities of 
  1.16  Minneapolis, St. Paul, and Bloomington appointed by each 
  1.17  respective city governing body; 
  1.18     (3) two elected officials from other metropolitan cities 
  1.19  appointed by the governor, who shall consider recommendations 
  1.20  made by the Association of Metropolitan Municipalities when 
  1.21  making these appointments; 
  1.22     (4) an elected official from a county or a city within a 
  1.23  county in Minnesota that is contiguous to outside the 
  1.24  metropolitan area appointed by the governor, who shall consider 
  1.25  recommendations made by the League of Minnesota Cities when 
  1.26  making this appointment; 
  2.1      (5) a sheriff appointed by the governor, who shall consider 
  2.2   recommendations made by the metropolitan sheriffs association 
  2.3   when making this appointment; and 
  2.4      (6) a police chief appointed by the governor, who shall 
  2.5   consider recommendations made by the Minnesota police chiefs 
  2.6   association when making this appointment.  
  2.7   The 16th member shall be a member of the metropolitan council 
  2.8   appointed by the council.  The 17th member shall be the director 
  2.9   of electronic communications of the Minnesota department of 
  2.10  transportation.  As provided in section 473.894, subdivision 20, 
  2.11  the chair of the technical operations committee serves as an ex 
  2.12  officio member of the board. 
  2.13     The members shall be appointed within 30 days of the 
  2.14  effective date of Laws 1995, chapter 195.  Upon the effective 
  2.15  date of Laws 1995, chapter 195, the metropolitan council shall 
  2.16  inform the entities listed in this subdivision of the 
  2.17  appointments required by this subdivision and shall provide 
  2.18  whatever assistance is necessary to facilitate the appointment 
  2.19  process and establish the radio board.  
  2.20     Board members have no set term and remain on the board 
  2.21  until a successor is appointed as provided by this subdivision.  
  2.22  However, with respect to those board members who, under this 
  2.23  subdivision, must be elected officials, a successor must be 
  2.24  appointed as provided by this subdivision no later than the date 
  2.25  that a member is no longer an elected official, unless the 
  2.26  member dies while in office, in which case a successor must be 
  2.27  named as soon as practicable.  
  2.28     Sec. 2.  Minnesota Statutes 1998, section 473.897, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] 
  2.31  The board shall prepare a proposed budget by August 1 of each 
  2.32  year.  The budget shall include operating revenues and 
  2.33  expenditures for operation, administration, and maintenance.  In 
  2.34  addition, the budget must show for each fiscal year of the state 
  2.35  biennium: 
  2.36     (1) the estimated operating revenues from all sources 
  3.1   including funds on hand at the beginning of the year, and 
  3.2   estimated expenditures for costs of operation, administration, 
  3.3   maintenance, and debt service; 
  3.4      (2) capital improvement funds estimated to be on hand at 
  3.5   the beginning of the year and estimated to be received during 
  3.6   the year from all sources and estimated cost of capital 
  3.7   improvements to be paid out or expended during the year, all in 
  3.8   such detail and form as the council may prescribe; and 
  3.9      (3) the estimated source and use of pass-through funds; and 
  3.10     (4) the cents per month from the 911 emergency telephone 
  3.11  service account needed to generate revenues for costs eligible 
  3.12  for regionwide public safety communication system funding from 
  3.13  the 911 emergency telephone service account. 
  3.14     As early as practicable before August 15 of each year, the 
  3.15  board shall hold a public hearing on a draft of the proposed 
  3.16  budget.  Along with the draft, the board shall publish a report 
  3.17  on user charges.  The report must include an estimated analysis 
  3.18  of the changes in user charges, rates, and fees that will be 
  3.19  required by the board's budget.  Not less than 14 days before 
  3.20  the hearing, the board shall publish notice of the hearing in a 
  3.21  newspaper having general circulation in the metropolitan area, 
  3.22  stating the date, time, and place of hearing, and the place 
  3.23  where the proposed budget and report on user charges may be 
  3.24  examined by any interested person.  
  3.25     Following the hearing, the board shall publish a report of 
  3.26  the hearing that summarizes the comments received and board's 
  3.27  response.  The council shall approve or disapprove the entire 
  3.28  budget by October 1 of each year.  The council may disapprove 
  3.29  only if the budget does not have adequate reserves to meet debt 
  3.30  service.  If the council disapproves the budget in accordance 
  3.31  with this subdivision, the board shall, by November 1, resubmit 
  3.32  to the council for approval, a budget which meets the 
  3.33  requirements for council approval as provided in this 
  3.34  subdivision.  The council shall approve or disapprove the entire 
  3.35  resubmitted budget by December 1.  
  3.36     Before December 15 of each year, the board shall, by 
  4.1   resolution, adopt a final budget.  The board shall file its 
  4.2   final budget with the council on or before December 20 of each 
  4.3   year.  The council shall file the budgets with the secretary of 
  4.4   the senate and the clerk of the house of representatives not 
  4.5   later than January 1 of each year.  Before adoption, the board 
  4.6   must submit any budget amendment which would affect debt service 
  4.7   reserves to the council for review.  The council has 15 days to 
  4.8   approve or disapprove the amendment.  The council shall 
  4.9   disapprove the budget amendment only if the budget does not have 
  4.10  adequate reserves to meet debt service. 
  4.11     Except in an emergency, for which procedures must be 
  4.12  established by the board, the board and its officers, agents, 
  4.13  and employees may not spend money for any purpose, other than 
  4.14  debt service, without an appropriation by the board, and no 
  4.15  obligation to make such an expenditure shall be enforceable 
  4.16  except as the obligation of the person or persons incurring it.  
  4.17  The creation of any debt obligation or the receipt of any 
  4.18  federal or state grant is a sufficient appropriation of the 
  4.19  proceeds for the purpose for which it is authorized, and of the 
  4.20  tax or other revenues pledged to pay the obligation and interest 
  4.21  on it whether or not specifically included in any annual budget. 
  4.22  After obtaining the approval of the council, the board may amend 
  4.23  the budget at any time by transferring any appropriation from 
  4.24  one purpose to another, except appropriations of the proceeds of 
  4.25  bonds issued for a specific purpose.  The council shall 
  4.26  disapprove only if the amended budget does not have adequate 
  4.27  reserves to meet debt service. 
  4.28     Sec. 3.  Minnesota Statutes 1998, section 473.901, 
  4.29  subdivision 2, is amended to read: 
  4.30     Subd. 2.  [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan 
  4.31  council shall transmit the annual budget of the radio board to 
  4.32  the commissioner of administration no later than December 15 of 
  4.33  each year.  The commissioner of administration shall 
  4.34  include eligible costs for the regionwide public safety 
  4.35  communication system in its request for legislative 
  4.36  appropriations from the 911 emergency telephone service fee 
  5.1   account an amount estimated as the revenues generated from the 
  5.2   cents per month determination made by the radio board under 
  5.3   section 473.897, subdivision 1, clause (4).  All eligible costs 
  5.4   approved by the radio board shall be included in the 
  5.5   commissioner of administration's appropriation request.  
  5.6      Sec. 4.  Laws 1995, chapter 195, article 1, section 18, is 
  5.7   amended to read: 
  5.8      Sec. 18.  [SUNSET.] 
  5.9      The metropolitan radio board is abolished effective July 1, 
  5.10  1999 2002.  Effective July 1, 1999 2002, the board's duties and 
  5.11  responsibilities are transferred to the metropolitan council or 
  5.12  an appropriate state agency, as provided by law, based on the 
  5.13  reports submitted by the metropolitan council under section 7, 
  5.14  subdivision 3, of this article.  The designated agency is the 
  5.15  successor to all the property, interests, obligations, and rules 
  5.16  of the metropolitan radio board. 
  5.17     Sec. 5.  [REPORT TO LEGISLATURE.] 
  5.18     By March 1, 2000, the metropolitan radio board shall report 
  5.19  to the appropriate policy committees of the house and senate on 
  5.20  the progress made on the 800-MHz system, including, but not 
  5.21  limited to, projected costs of the system; which taxpayers or 
  5.22  groups of persons paying fees are paying for or expected to pay 
  5.23  for each portion of the project; the number of radios actually 
  5.24  purchased by each government entity involved in the project; and 
  5.25  the number and names of manufacturers that are either under 
  5.26  direct contract with or who have entered an agreement or 
  5.27  agreements with or who have or are expected to respond to 
  5.28  requests for proposals to deliver radios to the state or any 
  5.29  governmental entity involved in the 800-MHz project. 
  5.30     Sec. 6.  [APPLICATION.] 
  5.31     Sections 1, 2, 3, 4, and 5 apply in the counties of Anoka, 
  5.32  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
  5.33     Sec. 7.  [EFFECTIVE DATE.] 
  5.34     Sections 1 to 6 are effective the day following final 
  5.35  enactment.