SF 446

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; authorizing state 
  1.3             agencies to allow commercial wireless equipment to be 
  1.4             placed on state-owned lands, buildings, and other 
  1.5             structures; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 16B.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [16B.261] [WIRELESS EQUIPMENT ON STATE-OWNED 
  1.9   PROPERTY.] 
  1.10     (a) Notwithstanding any provision to the contrary, the 
  1.11  commissioner may by agreement allow commercial wireless service 
  1.12  providers to install privately owned equipment on any 
  1.13  state-owned lands, buildings, and other structures, when it is 
  1.14  practical and feasible to do so.  The authority of the 
  1.15  commissioner to enter into agreements does not extend to state 
  1.16  property that is trunk highway right-of-way or to state land, 
  1.17  buildings, or structures under the jurisdiction of the 
  1.18  commissioner of transportation, property administered by the 
  1.19  pollution control agency under chapter 115B, or property 
  1.20  administered by the commissioner of natural resources.  The 
  1.21  commissioners of transportation, the pollution control agency, 
  1.22  and natural resources may enter into agreements for property 
  1.23  under their jurisdictions or control. 
  1.24     (b) A commissioner shall charge a site use fee for the 
  1.25  value of the property or structure made available.  In lieu of a 
  1.26  site use fee, a commissioner may make agreements with commercial 
  2.1   wireless service providers to place state equipment on privately 
  2.2   owned towers and may accept (1) improvements to state-owned 
  2.3   public communications system facilities or real or personal 
  2.4   property, or (2) services provided by a commercial wireless 
  2.5   service provider.  
  2.6      (c) Section 16B.24, subdivision 5, paragraph (a), does not 
  2.7   apply to an agreement under this section. 
  2.8      (d) Fees collected under this section must be deposited in 
  2.9   the general fund.