Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 313-S.F.No. 1062 
           An act relating to metropolitan government and urban 
          planning; establishing a metropolitan radio systems 
          planning committee under the metropolitan council.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [DEFINITIONS.] 
    Subdivision 1.  [GENERAL.] For the purposes of sections 1 
to 6 the following terms have the meanings given in this section.
    Subd. 2.  [PLANNING COMMITTEE.] "Planning committee" means 
the metropolitan radio systems planning committee. 
    Subd. 3.  [LOCAL ELECTED OFFICIAL.] "Local elected official"
means any elected official of a local government, including, 
among others, tribal leaders from the Shakopee Mdewakanton Sioux 
community. 
    Subd. 4.  [LOCAL GOVERNMENT.] "Local government" means any 
county, home rule charter, or statutory city, town, and the 
Mdewakanton Sioux community. 
    Subd. 5.  [METROPOLITAN AREA.] "Metropolitan area" means 
the area defined in Minnesota Statutes, section 473.121, 
subdivision 2. 
    Subd. 6.  [800 MEGAHERTZ.] "800 megahertz" means the 
following 800 megahertz channels:  821 to 824 and 866 to 869 
megahertz. 
    Sec. 2.  [PLANNING COMMITTEE; MEMBERSHIP.] 
    Subdivision 1.  [GENERAL.] The metropolitan radio systems 
planning committee is established under the metropolitan council.
    Subd. 2.  [MEMBERSHIP.] The planning committee consists of 
31 members.  Sixteen must be local elected officials appointed 
by the metropolitan council member from that member's 
metropolitan council district.  One county board member must be 
appointed by the county board of each of the seven counties in 
the metropolitan area. 
    The 24th member must be appointed by the metropolitan 
council to represent the regional agencies, special districts, 
and other regional users of the system.  The council's 
representative does not have to be an elected official.  The 
25th member must be appointed by the sheriffs of the 
metropolitan counties from among their number.  The 26th member 
must be appointed by the chiefs of police of the metropolitan 
area from among their number.  The 27th member must be appointed 
by the fire chiefs of the metropolitan area from among their 
number.  The 28th member must be appointed from among the 
emergency medical service providers of the metropolitan area 
from among their number.  The 29th member must be the director 
of electronic communications for the department of 
transportation.  The 30th member must be appointed by the 
International Brotherhood of Electrical Workers Local 292.  The 
31st member must be appointed by the Minnesota chapter of the 
association of public safety communications organizations.  The 
members must be appointed within 30 days of the effective date 
of this act. 
    Subd. 3.  [CHAIR.] The chair of the planning committee must 
be elected by a majority vote of the members of the planning 
committee. 
    Sec. 3.  [DUTIES OF THE PLANNING COMMITTEE.] 
    Subdivision 1.  [GENERAL.] The metropolitan council shall 
provide all staff and resources necessary to allow the planning 
committee to discharge its duties specified in this section. 
    Subd. 2.  [PLANNING.] The planning committee shall: 
    (1) review the report and findings of the regional trunked 
radio task force and related metropolitan council 
recommendations; 
    (2) provide additional study of the current and future 
needs and capacities of radio systems in the metropolitan area 
both by local government unit and by user group; 
    (3) conduct a detailed analysis of all feasible options to 
address those needs; 
    (4) prepare a detailed plan allowing for coordinated, 
efficient, and cost-effective use of new 800 megahertz channels; 
and 
    (5) develop and evaluate feasible options to provide the 
most cost-effective public sector radio communications for the 
metropolitan area for both short-term and long-term needs. 
    Subd. 3.  [REVIEW CONSIDERATIONS.] In performing its duties 
under this section, the planning committee may include the 
following considerations: 
    (1) identification and documentation of current uses, 
needs, and capacities, including growth and expansion 
capacities, by local government and by each major user group; 
    (2) estimation of two-year, five-year, and ten-year future 
needs by each local government and by each major user group; 
    (3) identification, based on analysis of clauses (1) and 
(2), of the relevant criteria by which a system or systems could 
be determined to meet the current and future needs; 
    (4) analysis of existing and projected technology based on 
the criteria established in clause (3) to develop at least three 
options for meeting current and future needs; 
    (5) identification by local government and by major user 
group, of the anticipated level and timeline for utilization of 
each option developed in clause (4); 
    (6) analysis of the expected cost of each option, including 
all regional, state, and local capital and operating costs 
associated with implementing each option, assuming the 
utilization levels and timelines identified in clause (5); or 
    (7) development of options for allocation of costs among 
local governments and user groups under the various funding 
mechanisms under the options developed in clause (4). 
     The analysis required by clause (6) must include, at a 
minimum, obtaining responses to "requests for information" for 
budgetary cost estimates for the options from at least two 
private vendors. 
    Subd. 4.  [PUBLIC MEETINGS.] After completing its duties 
under subdivisions 2 and 3, the planning committee shall prepare 
a draft report which the metropolitan council shall provide to 
local governments and major user groups in the metropolitan 
area.  The draft report must also be made available to the 
public.  After preparing and disseminating the draft report and 
before presenting the final report to the legislature, the 
metropolitan council in conjunction with the planning committee 
shall hold at least one public meeting in each metropolitan 
council district on the draft report at which it shall explain 
the report and seek public comment.  A record must be kept of 
the public comments received and a summary of such comments 
shall be prepared. 
    Subd. 5.  [REPORT.] By February 1, 1994, the metropolitan 
council shall report to the legislature its findings and 
recommendations as well as a summary of the public comment as 
called for in subdivisions 2 to 4.  The report must also 
identify any changes in statutory authority necessary to provide 
for implementation of the three most preferred options. 
    Sec. 4.  [LOCAL PARTICIPATION.] 
    Local governments and user groups shall cooperate with the 
planning committee in its preparation of the regional plan to 
ensure that local needs are met.  No local government in the 
metropolitan area may apply to the Federal Communications 
Commission for 800 megahertz channels as defined herein prior to 
May 1, 1994, without prior approval of the metropolitan 
council.  No state agency may apply to the Federal 
Communications Commission for 800 megahertz channels prior to 
May 1, 1994, if the application would directly affect the 
metropolitan area. 
    Sec. 5.  [USE OF LOANS.] 
    The metropolitan council may not borrow more than $100,000 
from funds available under Minnesota Statutes, section 473.167, 
for the study and development of the metropolitan radio systems 
plan. 
    Sec. 6.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Sec. 7.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment and 
expires June 30, 1994. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 2:13 p.m.