2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; increasing the 911 1.3 emergency telephone service fee to cover the cost of 1.4 the third phase of the public safety radio 1.5 communication system; transferring responsibility for 1.6 the 911 emergency telephone system and public safety 1.7 radio system to the commissioner of public safety; 1.8 authorizing the sale of revenue bonds by the 1.9 metropolitan council; appropriating money; amending 1.10 Minnesota Statutes 2002, sections 237.49; 403.02, 1.11 subdivision 10; 403.06; 403.07, subdivisions 1, 2, 3; 1.12 403.09, subdivision 1; 403.11; 403.113; 473.891, 1.13 subdivision 10, by adding a subdivision; 473.898, 1.14 subdivisions 1, 3; 473.901; 473.902, by adding a 1.15 subdivision; 473.907, subdivision 1. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2002, section 237.49, is 1.18 amended to read: 1.19 237.49 [COMBINED LOCAL ACCESS SURCHARGE.] 1.20 Each local telephone company shall collect from each 1.21 subscriber an amount per telephone access line representing the 1.22 total of the surcharges required under sections 237.52, 237.70, 1.23 and 403.11. Amounts collected must be remitted to the 1.24 department of administration in the manner prescribed in section 1.25 403.11. The department of administration shall divide the 1.26 amounts received proportional to the individual surcharges and 1.27 deposit them in the appropriate accounts. The commissioner of 1.28 administration is authorized to recover from the agencies 1.29 receiving the surcharges, the personnel and administrative cost 1.30 to collect and distribute the surcharge. A company or the 2.1 billing agent for a company shall list the surcharges as one 2.2 amount on a billing statement sent to a subscriber. 2.3 Sec. 2. Minnesota Statutes 2002, section 403.02, 2.4 subdivision 10, is amended to read: 2.5 Subd. 10. [COMMISSIONER.] "Commissioner" means the 2.6 commissioner ofadministrationpublic safety. 2.7 Sec. 3. Minnesota Statutes 2002, section 403.06, is 2.8 amended to read: 2.9 403.06 [DEPARTMENT DUTIES.] 2.10 Subdivision 1. [DUTIES.] (a) Thedepartment of2.11administrationcommissioner shall coordinate the maintenance of 2.12 911 systems. Thedepartmentcommissioner shall aid counties in 2.13 the formulation of concepts, methods, and procedures which will 2.14 improve the operation and maintenance of 911 systems. The 2.15departmentcommissioner shall establish procedures for 2.16 determining and evaluating requests for variations from the 2.17 established design standards. Thedepartmentcommissioner shall 2.18 respond to requests by wireless or wire line telecommunications 2.19 service providers or by counties or other governmental agencies 2.20 for system agreements, contracts, and tariff language promptly 2.21 and no later than within 45 days of the request unless otherwise 2.22 mutually agreed to by the parties. 2.23 (b) Thedepartmentcommissioner shall prepare a biennial 2.24 budget for maintaining the 911 system. By December 15 of each 2.25 year, thedepartmentcommissioner shallprepare an annual2.26 submit a report to the legislature detailing the expenditures 2.27 for maintaining the 911 system, the 911 fees collected, the 2.28 balance of the 911 fund, and the 911-related administrative 2.29 expenses of thedepartmentcommissioner. Thedepartment2.30 commissioner is authorized to expendfundsmoney thathavehas 2.31 been appropriated to pay for the maintenance, enhancements, and 2.32 expansion of the 911 system. 2.33 Subd. 2. [WAIVER.] Any county, other governmental agency, 2.34 wireless telecommunications service provider, or wire line 2.35 telecommunications service provider may petition thedepartment2.36of administrationcommissioner for a waiver of all or portions 3.1 of the requirements. A waiver may be granted upon a 3.2 demonstration by the petitioner that the requirement is 3.3 economically infeasible. 3.4 Sec. 4. Minnesota Statutes 2002, section 403.07, 3.5 subdivision 1, is amended to read: 3.6 Subdivision 1. [RULES.] Thedepartment of3.7administrationcommissioner shall establish and adopt in 3.8 accordance with chapter 14, rules for the administration of this 3.9 chapter and for the development of 911 systems in the state 3.10 including: 3.11 (1) design standards for 911 systems incorporating the 3.12 standards adopted pursuant to subdivision 2 for the seven-county 3.13 metropolitan area; and 3.14 (2) a procedure for determining and evaluating requests for 3.15 variations from the established design standards. 3.16 Sec. 5. Minnesota Statutes 2002, section 403.07, 3.17 subdivision 2, is amended to read: 3.18 Subd. 2. [DESIGN STANDARDS.] The metropolitan 911 board 3.19 shall establish and adopt design standards for the metropolitan 3.20 area 911 system and transmit them to thedepartment of3.21administrationcommissioner for incorporation into the rules 3.22 adopted pursuant to this section. 3.23 Sec. 6. Minnesota Statutes 2002, section 403.07, 3.24 subdivision 3, is amended to read: 3.25 Subd. 3. [DATABASE.] In 911 systems that have been 3.26 approved by thedepartment of administrationcommissioner for a 3.27 local location identification database, each wire line 3.28 telecommunications service provider shall provide current 3.29 customer names, service addresses, and telephone numbers to each 3.30 public safety answering point within the 911 system and shall 3.31 update the information according to a schedule prescribed by the 3.32 county 911 plan. Information provided under this subdivision 3.33 must be provided in accordance with the transactional record 3.34 disclosure requirements of the federal Electronic Communications 3.35 Privacy Act of 1986, United States Code, title 18, section 2703, 3.36 subsection (c), paragraph (1), subparagraph (B)(iv). 4.1 Sec. 7. Minnesota Statutes 2002, section 403.09, 4.2 subdivision 1, is amended to read: 4.3 Subdivision 1. [DEPARTMENT AUTHORITY.] At the request of 4.4 either thedepartment of administrationcommissioner of 4.5 administration or the commissioner of public safety, the 4.6 attorney general may commence proceedings in the district court 4.7 against any person or public or private body to enforce the 4.8 provisions of this chapter. 4.9 Sec. 8. Minnesota Statutes 2002, section 403.11, is 4.10 amended to read: 4.11 403.11 [911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.] 4.12 Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 4.13 (a) Each customer of a wireless or wire line telecommunications 4.14 service provider that furnishes service capable of originating a 4.15 911 emergency telephone call is assessed a fee to cover the 4.16 costs of ongoing maintenance and related improvements for 4.17 trunking and central office switching equipment for 911 4.18 emergency telecommunications service, plus administrative and 4.19 staffing costs of thedepartment of administrationcommissioner 4.20 related to managing the 911 emergency telecommunications service 4.21 program. Recurring charges by a wire line telecommunications 4.22 service provider for updating the information required by 4.23 section 403.07, subdivision 3, must be paid by the 4.24 commissionerof administrationif the wire line 4.25 telecommunications service provider is included in an approved 4.26 911 plan and the charges are made pursuant to tariff, price 4.27 list, or contract.The commissioner of administration shall4.28transfer an amount equal to two cents a month fromThe fee 4.29 assessed under this sectionon wireless telecommunications4.30services to the commissioner of public safetymust also be used 4.31 for the purpose of offsetting the costs, including 4.32 administrative and staffing costs, incurred by the state patrol 4.33 division of the department of public safety in handling 911 4.34 emergency calls made from wireless phones. 4.35 (b) Money remaining in the 911 emergency telecommunications 4.36 service account after all other obligations are paid must not 5.1 cancel and is carried forward to subsequent years and may be 5.2 appropriated from time to time to the commissionerof5.3administrationto provide financial assistance to counties for 5.4 the improvement of local emergency telecommunications services. 5.5 The improvements may include providing access to 911 service for 5.6 telecommunications service subscribers currently without access 5.7 and upgrading existing 911 service to include automatic number 5.8 identification, local location identification, automatic 5.9 location identification, and other improvements specified in 5.10 revised county 911 plans approved by thedepartmentcommissioner. 5.11 (c) The fee may not be less than eight cents nor more than 5.123352 cents a month for each customer access line or other basic 5.13 access service, including trunk equivalents as designated by the 5.14 public utilities commission for access charge purposes and 5.15 including wireless telecommunications services. With the 5.16 approval of the commissioner of finance, the commissioner of 5.17administrationpublic safety shall establish the amount of the 5.18 fee within the limits specified and inform the companies and 5.19 carriers of the amount to be collected. The commissioner shall 5.20 provide companies and carriers a minimum of 45 days' notice of 5.21 each fee change.For fiscal year 2003, the commissioner of5.22administration shall provide a minimum of 35 days' notice of5.23each fee change.The fee must be the same for all customers. 5.24 (d) The fee must be collected by each wireless or wire line 5.25 telecommunications service provider subject to the fee. Fees 5.26 are payable to and must be submitted to the commissioner of 5.27 administration monthly before the 25th of each month following 5.28 the month of collection, except that fees may be submitted 5.29 quarterly if less than $250 a month is due, or annually if less 5.30 than $25 a month is due. Receipts must be deposited in the 5.31 state treasury and credited to a 911 emergency 5.32 telecommunications service account in the special revenue fund. 5.33 The money in the account may only be used for 911 5.34 telecommunications servicesas provided in paragraph (a). 5.35 (e) This subdivision does not apply to customers of 5.36 interexchange carriers. 6.1 (f) The installation and recurring charges for integrating 6.2 wireless 911 calls into enhanced 911 systems must be paid by the 6.3 commissioner if the 911 service provider is included in the 6.4 statewide design plan and the charges are made pursuant to 6.5 tariff, price list, or contract. 6.6 Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or wire 6.7 line telecommunications service provider incurring reimbursable 6.8 costs under subdivision 1 shall submit an invoice itemizing rate 6.9 elements by county or service area to the commissionerof6.10administrationfor 911 services furnished under tariff, price 6.11 list, or contract. Any wireless or wire line telecommunications 6.12 service provider is eligible to receive payment for 911 services 6.13 rendered according to the terms and conditions specified in the 6.14 contract. Competitive local exchange carriers holding 6.15 certificates of authority from the public utilities commission 6.16 are eligible to receive payment for recurring 911 services 6.17 provided after July 1, 2001. The commissioner shall pay the 6.18 invoice within 30 days following receipt of the invoice unless 6.19 the commissioner notifies the service provider that the 6.20 commissioner disputes the invoice. 6.21 (b) The commissionerof administrationshall estimate the 6.22 amount required to reimburse wireless and wire line 6.23 telecommunications service providers for the state's obligations 6.24 under subdivision 1 and the governor shall include the estimated 6.25 amount in the biennial budget request. 6.26 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be 6.27 submitted to the commissionerof administrationno later than 6.28 two years after commencing a new or additional eligible 911 6.29 service. Any wireless or wire line telecommunications service 6.30 provider incurring reimbursable costs under this section at any 6.31 time before January 1, 2003, may certify those costs for payment 6.32 to the commissionerof administrationaccording to this section 6.33 for a period of 90 days after January 1, 2003. During this 6.34 period, the commissionerof administrationshall reimburse any 6.35 wireless or wire line telecommunications service provider for 6.36 approved, certified costs without regard to any contrary 7.1 provision of this subdivision. 7.2 Subd. 3b. [CERTIFICATION.] All wireless and wire line 7.3 telecommunications service providers shall submit a 7.4 self-certification form signed by an officer of the company to 7.5 thedepartmentcommissioner with invoices for payment of an 7.6 initial or changed service described in the service provider's 7.7 911 contract. The self-certification shall affirm that the 911 7.8 service contracted for is being provided and the costs invoiced 7.9 for the service are true and correct. All certifications are 7.10 subject to verification and audit. 7.11 Subd. 3c. [AUDIT.] If the commissionerof administration7.12 determines that an audit is necessary to document the 7.13 certification described in subdivision 3b, the wireless or wire 7.14 line telecommunications service provider must contract with an 7.15 independent certified public accountant to conduct the audit. 7.16 The audit must be conducted according to generally accepted 7.17 accounting principles. The wireless or wire line 7.18 telecommunications service provider is responsible for any costs 7.19 associated with the audit. 7.20 Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of 7.21 telecommunications equipment and services at public safety 7.22 answering points must be borne by the local governmental agency 7.23 operating the public safety answering point or allocated 7.24 pursuant to section 403.10, subdivision 3. Costs attributable 7.25 to local government electives for services not otherwise 7.26 addressed under section 403.11 or 403.113 must be borne by the 7.27 governmental agency requesting the elective service. 7.28 Subd. 5. [TARIFF NOTIFICATION.] Wire line 7.29 telecommunications service providers or wireless 7.30 telecommunications service providers holding eligible 7.31 telecommunications carrier status shall give notice to the 7.32department of administrationcommissioner and any other affected 7.33 governmental agency of tariff or price list changes related to 7.34 911 service at the same time that the filing is made with the 7.35 public utilities commission. 7.36 Sec. 9. Minnesota Statutes 2002, section 403.113, is 8.1 amended to read: 8.2 403.113 [ENHANCED 911 SERVICE COSTS; FEE.] 8.3 Subdivision 1. [FEE.] (a) Each customer receiving service 8.4 from a wireless or wire line telecommunications service provider 8.5 is assessed a fee to fund implementation, operation, 8.6 maintenance, enhancement, and expansion of enhanced 911 service, 8.7 including acquisition of necessary equipment and the costs of 8.8 the commissioner to administer the program. The actual fee 8.9 assessed under section 403.11 and the enhanced 911 service fee 8.10 must be collected as one amount and may not exceed the amount 8.11 specified in section 403.11, subdivision 1, paragraph (c). 8.12 (b) The enhanced 911 service fee must be collected and 8.13 deposited in the same manner as the fee in section 403.11 and 8.14 used solely for the purposes of paragraph (a) and subdivision 3. 8.15 (c) The commissionerof the department of administration, 8.16 in consultation with counties and 911 system users, shall 8.17 determine the amount of the enhanced 911 service feeand. The 8.18 fee must include at least 20 cents per month to be distributed 8.19 under subdivision 2. The commissioner shall inform wireless and 8.20 wire line telecommunications service providers that provide 8.21 service capable of originating a 911 emergency telephone call of 8.22 the total amount of the 911 service fees in the same manner as 8.23 provided in section 403.11. 8.24 Subd. 2. [DISTRIBUTION OF MONEY.] (a) After payment of the 8.25 costs of thedepartment of administrationcommissioner to 8.26 administer the program, the commissioner shall distribute the 8.27 money collected under this section as follows: 8.28 (1) one-half of the amount equally to all qualified 8.29 counties, and after October 1, 1997, to all qualified counties, 8.30 existing ten public safety answering points operated by the 8.31 Minnesota state patrol, and each governmental entity operating 8.32 the individual public safety answering points serving the 8.33 metropolitan airports commission, the Red Lake Indian 8.34 Reservation, and the University of Minnesota police department; 8.35 and 8.36 (2) the remaining one-half to qualified counties and cities 9.1 with existing 911 systems based on each county's or city's 9.2 percentage of the total population of qualified counties and 9.3 cities. The population of a qualified city with an existing 9.4 system must be deducted from its county's population when 9.5 calculating the county's share under this clause if the city 9.6 seeks direct distribution of its share. 9.7 (b) A county's share under subdivision 1 must be shared pro 9.8 rata between the county and existing city systems in the 9.9 county. A county or city or other governmental entity as 9.10 described in paragraph (a), clause (1), shall deposit money 9.11 received under this subdivision in an interest-bearing fund or 9.12 account separate from the governmental entity's general fund and 9.13 may use money in the fund or account only for the purposes 9.14 specified in subdivision 3. 9.15 (c) A county or city or other governmental entity as 9.16 described in paragraph (a), clause (1), is not qualified to 9.17 share in the distribution of money for enhanced 911 service if 9.18 it has not implemented enhanced 911 service before December 31, 9.19 1998. 9.20 (d) For the purposes of this subdivision, "existing city 9.21 system" means a city 911 system that provides at least basic 911 9.22 service and that was implemented on or before April 1, 1993. 9.23 Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed under 9.24 subdivision 2 for enhanced 911 service may be spent on enhanced 9.25 911 system costs for the purposes stated in subdivision 1, 9.26 paragraph (a). In addition, money may be spent to lease, 9.27 purchase, lease-purchase, or maintain enhanced 911 equipment, 9.28 including telephone equipment; recording equipment; computer 9.29 hardware; computer software for database provisioning, 9.30 addressing, mapping, and any other software necessary for 9.31 automatic location identification or local location 9.32 identification; trunk lines; selective routing equipment; the 9.33 master street address guide; dispatcher public safety answering 9.34 point equipment proficiency and operational skills; pay for 9.35 long-distance charges incurred due to transferring 911 calls to 9.36 other jurisdictions; and the equipment necessary within the 10.1 public safety answering point for community alert systems and to 10.2 notify and communicate with the emergency services requested by 10.3 the 911 caller. 10.4 (b) Money distributed for enhanced 911 service may not be 10.5 spent on: 10.6 (1) purchasing or leasing of real estate or cosmetic 10.7 additions to or remodeling of communications centers; 10.8 (2) mobile communications vehicles, fire engines, 10.9 ambulances, law enforcement vehicles, or other emergency 10.10 vehicles; 10.11 (3) signs, posts, or other markers related to addressing or 10.12 any costs associated with the installation or maintenance of 10.13 signs, posts, or markers. 10.14 Subd. 4. [AUDITS.] Each county and city or other 10.15 governmental entity as described in subdivision 2, paragraph 10.16 (a), clause (1), shall conduct an annual audit on the use of 10.17 funds distributed to it for enhanced 911 service. A copy of 10.18 each audit report must be submitted to the commissionerof10.19administration. 10.20 Sec. 10. Minnesota Statutes 2002, section 473.891, 10.21 subdivision 10, is amended to read: 10.22 Subd. 10. [SECOND PHASE.] "Second phase" means the 10.23 metropolitan radio boardbuilding subsystems forproviding 10.24 assistance to local government units building subsystems in the 10.25 metropolitan area that did not build their own subsystems in the 10.26 first phase. 10.27 Sec. 11. Minnesota Statutes 2002, section 473.891, is 10.28 amended by adding a subdivision to read: 10.29 Subd. 11. [THIRD PHASE.] "Third phase" means an extension 10.30 of the backbone system to serve the southeast and central 10.31 districts of the state patrol. 10.32 Sec. 12. Minnesota Statutes 2002, section 473.898, 10.33 subdivision 1, is amended to read: 10.34 Subdivision 1. [AUTHORIZATION.] The council, if requested 10.35 by a vote of at least two-thirds of all of the members of the 10.36 metropolitan radio board may, by resolution, authorize the 11.1 issuance of its revenue bonds for any of the following purposes 11.2 to: 11.3 (1) provide funds for regionwide mutual aid and emergency 11.4 medical services communications; 11.5 (2) provide funds for the elements of the first phase of 11.6 the regionwide public safety radio communications system that 11.7 the board determines are of regionwide benefit and support 11.8 mutual aid and emergency medical services communication 11.9 including, but not limited to, costs of master controllers of 11.10 the backbone; 11.11 (3) provide money for the second phase of the public safety 11.12 radio communication system;or11.13 (4) provide money for the third phase of the public safety 11.14 radio communication system; 11.15 (5) to the extent money is available after meeting the 11.16 needs described in clauses (1) to (3), to provide money to 11.17 reimburse local units of government for amounts expended for 11.18 capital improvements to the first phase system previously paid 11.19 for by the local government units; or 11.20 (6) refund bonds issued under this section. 11.21 Sec. 13. Minnesota Statutes 2002, section 473.898, 11.22 subdivision 3, is amended to read: 11.23 Subd. 3. [LIMITATIONS.] (a) The principal amount of the 11.24 bonds issued pursuant to subdivision 1, exclusive of any 11.25 original issue discount, shall not exceed the amount of 11.26 $10,000,000 plus the amount the council determines necessary to 11.27 pay the costs of issuance, fund reserves, debt service, and pay 11.28 for any bond insurance or other credit enhancement. 11.29 (b) In addition to the amount authorized under paragraph 11.30 (a), the council may issue bonds under subdivision 1 in a 11.31 principal amount of $3,306,300, plus the amount the council 11.32 determines necessary to pay the cost of issuance, fund reserves, 11.33 debt service, and any bond insurance or other credit 11.34 enhancement. The proceeds of bonds issued under this paragraph 11.35 may not be used to finance portable or subscriber radio sets. 11.36 (c) In addition to the amount authorized under paragraphs 12.1 (a) and (b), the council may issue bonds under subdivision 1 in 12.2 a principal amount of$12,000,000$20,000,000, plus the amount 12.3 the council determines necessary to pay the costs of issuance, 12.4 fund reserves, debt service, and any bond insurance or other 12.5 credit enhancement. The proceeds of bonds issued under this 12.6 paragraph must be used to pay up to3055 percent of the cost to 12.7 a local government unit of building a subsystem or making 12.8 improvements to an existing 800 MHz radio system that will 12.9 interoperate with the regionwide public safety radio and 12.10 communications system and may not be used to finance portable or 12.11 subscriber radio sets. The council must time the sale and 12.12 issuance of the bonds so that the debt service on the bonds can 12.13 be covered by the additional revenue that will become available 12.14 in the fiscal year ending June 30, 2005, generated under section 12.15 403.11 and appropriated under section 473.901. 12.16 (d) In addition to the amount authorized under paragraphs 12.17 (a) to (c), the council may issue bonds under subdivision 1 in a 12.18 principal amount of up to $40,000,000, plus the amount the 12.19 council determines necessary to pay the costs of issuance, fund 12.20 reserves, debt service, and any bond insurance or other credit 12.21 enhancement. The proceeds of bonds issued under this paragraph 12.22 are appropriated to the commissioner of public safety for phase 12.23 three of the public safety radio and communications system. In 12.24 anticipation of the receipt by the commissioner of public safety 12.25 of the bond proceeds, the metropolitan radio board may advance 12.26 money from its operating appropriation to the commissioner of 12.27 public safety to pay for design and preliminary engineering for 12.28 phase three. The commissioner of public safety must return 12.29 these amounts to the metropolitan radio board when the bond 12.30 proceeds are received. 12.31 Sec. 14. Minnesota Statutes 2002, section 473.901, is 12.32 amended to read: 12.33 473.901 [ADMINISTRATION DEPARTMENTAPPROPRIATION; 12.34 TRANSFERS; BUDGET.] 12.35 Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.] 12.36 For each fiscal year beginning with the fiscal year commencing 13.1 July 1, 1997, the amount necessary to pay the following costs is 13.2 appropriated to the commissioner ofadministrationpublic safety 13.3 from the 911 emergencytelephonetelecommunications service 13.4 account established under section 403.11: 13.5 (1) debt service costs and reserves for bonds issued 13.6 pursuant to section 473.898; 13.7 (2) repayment of the right-of-way acquisition loans; 13.8 (3) costs of design, construction, maintenance of, and 13.9 improvements to those elements of the firstand, second, and 13.10 third phases that support mutual aid communications and 13.11 emergency medical services; 13.12 (4) recurring charges for leased sites and equipment for 13.13 those elements of the firstand, second, and third phases that 13.14 support mutual aid and emergency medical communication services; 13.15 or 13.16 (5) aid to local units of government for sites and 13.17 equipment in support of mutual aid and emergency medical 13.18 communications services. 13.19 This appropriation shall be used to pay annual debt service 13.20 costs and reserves for bonds issued pursuant to section 473.898 13.21 prior to use of fee money to pay other costs eligible under this 13.22 subdivision. In no event shall the appropriation for each 13.23 fiscal year exceed an amount equal to four cents a month for 13.24 each customer access line or other basic access service, 13.25 including trunk equivalents as designated by the public 13.26 utilities commission for access charge purposes and including 13.27 cellular and other nonwire access services, in the fiscal year. 13.28 Beginning July 1, 2004, this amount will increase to5.513 13.29 cents a month. 13.30 Subd. 2. [RADIO BOARD BUDGET.] The metropolitan council 13.31 shall transmit the annual budget of the radio board to the 13.32 commissioner ofadministrationpublic safety no later than 13.33 December 15 of each year. The commissionerof administration13.34 shall include all eligible costs approved by the radio board for 13.35 the regionwide public safety communication system initsthe 13.36 commissioner's request for legislative appropriations from the 14.1 911 emergencytelephonetelecommunications service fee account. 14.2All eligible costs approved by the radio board shall be included14.3in the commissioner of administration's appropriation request.14.4 Subd. 3. [MONTHLY APPROPRIATION TRANSFERS.] Each month, 14.5 before the 25th day of the month, the commissionerof14.6administrationshall transmit to the metropolitan council 1/12 14.7 of its total approved appropriation for the regionwide public 14.8 safety communication system. 14.9 Sec. 15. Minnesota Statutes 2002, section 473.902, is 14.10 amended by adding a subdivision to read: 14.11 Subd. 6. [OPERATING COSTS OF PHASES THREE TO SIX.] (a) The 14.12 current costs of the commissioner in implementing phases three 14.13 to six of the statewide public safety radio and communications 14.14 system shall be allocated among and paid by the following users, 14.15 all in accordance with the statewide public safety radio and 14.16 communications system plan adopted by the planning committee 14.17 under section 473.907: 14.18 (1) the state of Minnesota for its operations using the 14.19 system; 14.20 (2) all local government units using the system; and 14.21 (3) other eligible users of the system. 14.22 (b) Each local government and other eligible users of 14.23 phases three to six of the system shall pay to the commissioner 14.24 all sums charged under this section, at the times and in the 14.25 manner determined by the commissioner. The governing body of 14.26 each local government shall take all action that may be 14.27 necessary to provide the funds required for these payments and 14.28 to make the payments when due. 14.29 (c) If the governing body of any local government using 14.30 phase three, four, five, or six of the system fails to meet any 14.31 payment to the commissioner under this subdivision when due, the 14.32 commissioner may certify to the auditor of the county in which 14.33 the government unit is located the amount required for payment 14.34 of the amount due with interest at six percent per year. The 14.35 auditor shall levy and extend the amount due, with interest, as 14.36 a tax upon all taxable property in the government unit for the 15.1 next calendar year, free from any existing limitations imposed 15.2 by law or charter. This tax shall be collected in the same 15.3 manner as the general taxes of the government unit, and the 15.4 proceeds of the tax, when collected, shall be paid by the county 15.5 treasurer to the commissioner and credited to the government 15.6 unit for which the tax was levied. 15.7 Sec. 16. Minnesota Statutes 2002, section 473.907, 15.8 subdivision 1, is amended to read: 15.9 Subdivision 1. [PLANNING COMMITTEE.] (a) The commissioner 15.10 of public safety shall convene and chair a planning committee to 15.11 develop a project plan for a statewide, shared, trunked public 15.12 safety radiocommunicationand communications system. 15.13 (b) The planning committee consists of the following 15.14 members or their designees: 15.15 (1) the commissioner of public safety; 15.16 (2) the commissioner of transportation; 15.17 (3) the commissioner of administration; 15.18 (4) the commissioner of natural resources; 15.19 (5) the chair of the metropolitan radio board; 15.20 (6) the president of the Minnesota sheriffs' association; 15.21 (7) a representative of the league of Minnesota cities from 15.22 the metropolitan area;and15.23 (8) a representative of the league of Minnesota cities from 15.24 greater Minnesota; and 15.25 (9) a representative of the association of Minnesota 15.26 counties from greater Minnesota. 15.27 Additionally, the commissioner of finance or a designee 15.28 shall serve on the committee as a nonvoting member. 15.29 (c) The planning committee must implement the project plan 15.30 and establish the statewide, shared trunked radio and 15.31 communications system. The commissioner of public safety is 15.32 designated as the chair of the planning committee. The 15.33 commissioner of public safety and the planning committee have 15.34 overall responsibility for the successful completion of 15.35 statewide communications infrastructure system integration. 15.36 (d) The planning committee must establish one or more 16.1 advisory groups for the purpose of advising on the plan, design, 16.2 implementation and administration of the statewide, shared 16.3 trunked radio and communications system. At least one such 16.4 group must consist of the following members: 16.5 (1) the chair of the metropolitan radio board or a 16.6 designee; 16.7 (2) the chief of the Minnesota state patrol; 16.8 (3) a representative of the Minnesota state sheriffs' 16.9 association; 16.10 (4) a representative of the Minnesota chiefs of police 16.11 association; and 16.12 (5) a representative of the Minnesota fire chiefs' 16.13 association. 16.14 Sec. 17. [TRANSFER OF RESPONSIBILITIES.] 16.15 Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The 16.16 responsibilities of the commissioner of administration to 16.17 provide 911 emergency telecommunications services under 16.18 Minnesota Statutes 2002, chapter 403, other than the 16.19 responsibility to collect 911 fees, are transferred to the 16.20 commissioner of public safety under Minnesota Statutes, section 16.21 15.039. The transfer may be completed in one or more phases as 16.22 provided in an agreement between the commissioners of 16.23 administration and public safety, but no later than the first 16.24 Monday in January 2004. 16.25 Subd. 2. [COMMISSIONER OF TRANSPORTATION.] The 16.26 responsibilities of the commissioner of transportation for the 16.27 regionwide public safety radio communications system under 16.28 Minnesota Statutes, sections 473.891 to 473.905, are transferred 16.29 to the commissioner of public safety under Minnesota Statutes, 16.30 section 15.039. The transfer may be completed in one or more 16.31 phases as provided in an agreement between the commissioners of 16.32 transportation and public safety, but no later than the first 16.33 Monday in January 2004. 16.34 Sec. 18. [INSTRUCTION TO REVISOR.] 16.35 The revisor of statutes shall renumber each section of 16.36 Minnesota Statutes listed in column A with the number listed in 17.1 column B. The revisor shall also make necessary cross-reference 17.2 changes consistent with the renumbering. 17.3 Column A Column B 17.4 473.891 403.21 17.5 473.893 403.22 17.6 473.894 403.23 17.7 473.895 403.24 17.8 473.896 403.25 17.9 473.897 403.26 17.10 473.898 403.27 17.11 473.899 403.28 17.12 473.900 403.29 17.13 473.901 403.30 17.14 473.902 403.31 17.15 473.903 403.32 17.16 473.904 403.33 17.17 473.905 403.34 17.18 473.906 403.35 17.19 473.907 403.36 17.20 Sec. 19. [APPROPRIATION.] 17.21 The sums set forth in this section are appropriated from 17.22 the 911 emergency telecommunications service account in the 17.23 special revenue fund to the commissioner of public safety for 17.24 the purposes indicated in this section, to be available for the 17.25 fiscal year ending June 30 in the years indicated. 17.26 2004 2005 17.27 $ $ 17.28 (a) Public Safety 17.29 Answering Points 6,973,000 7,409,000 17.30 To be distributed as provided in 17.31 Minnesota Statutes, section 403.113, 17.32 subdivision 2. 17.33 This appropriation may only be used for 17.34 public safety answering points that 17.35 have implemented enhanced 911 service 17.36 or whose governmental agency has made a 17.37 binding commitment to the commissioner 17.38 of administration to implement enhanced 17.39 911 service by January 1, 2008. 17.40 (b) Medical Resource 17.41 Communication Centers 697,000 741,000 18.1 For grants to the Minnesota emergency 18.2 medical services regulatory board for 18.3 the Metro East and Metro West medical 18.4 resource communication centers.