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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 195-S.F.No. 467 
                  An act relating to metropolitan government; providing 
                  for coordination and consolidation of public safety 
                  radio communications systems; providing governance and 
                  finance of the state and regional elements of a 
                  regionwide public safety radio communication system; 
                  extending the public safety channel moratorium; 
                  authorizing the use of 911 emergency telephone service 
                  fees for costs of the regionwide public safety radio 
                  communication system; authorizing the issuance of 
                  bonds by the metropolitan council; appropriating 
                  money; amending Minnesota Statutes 1994, section 
                  352.01, subdivision 2a; proposing coding for new law 
                  in Minnesota Statutes, chapters 174; and 473. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                    PUBLIC SAFETY RADIO COMMUNICATION SYSTEM 
           Section 1.  [174.70] [PUBLIC SAFETY RADIO COMMUNICATIONS.] 
           The commissioner of transportation may exercise the powers 
        granted in this chapter and in sections 473.891 to 473.905, to 
        plan and implement the communications system as provided in 
        sections 473.891 to 473.905. 
           Sec. 2.  [473.891] [DEFINITIONS.] 
           Subdivision 1.  [APPLICATIONS.] The definitions in this 
        section apply to sections 473.891 to 473.905. 
           Subd. 2.  [BOARD.] "Board" or "radio board" means the 
        metropolitan radio board. 
           Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
        the regionwide public safety radio communications system" means 
        the initial backbone which serves state and regional agencies. 
           Subd. 4.  [LOCAL ELECTED OFFICIALS.] "Local elected 
        officials" means any elected official of a local government. 
           Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means any 
        county, home rule charter or statutory city, or town, lying in 
        whole or in part within the metropolitan area. 
           Subd. 6.  [NPSPAC CHANNELS.] "NPSPAC channels" or "National 
        Public Safety Planning Advisory Committee channels" means the 
        following 800 megahertz channels:  821 to 824 and 866 to 869 
        megahertz.  
           Subd. 7.  [PLAN.] "Plan" or "regionwide public safety radio 
        system communication plan" means the plan adopted by the 
        metropolitan radio board for a regionwide public safety radio 
        communications system.  
           Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
        radio subsystems" means systems identified in the plan as 
        subsystems interconnected by the first phase backbone in 
        subsequent phases and operated by local government units for 
        their own internal operations. 
           Subd. 9.  [SYSTEM; BACKBONE SYSTEM.] "System" or "backbone 
        system" means a regionwide public safety radio communication 
        system that consists of a shared regionwide infrastructure 
        network, the elements of which are identified in the regionwide 
        public safety radio communications system plan, and subsystems 
        interconnected by the shared regionwide network. 
           Sec. 3.  [473.893] [BOARD; MEMBERSHIP, ADMINISTRATION.] 
           Subdivision 1.  [GENERAL.] The metropolitan radio board is 
        established as a political subdivision.  The board shall be 
        organized, structured, and administered as provided in this 
        section.  Until funds to administer the board become available 
        under section 473.894, subdivision 19, the metropolitan council 
        shall provide office space and administrative support to the 
        board at no cost. 
           Subd. 2.  [MEMBERSHIP.] The board consists of 17 members.  
        Fifteen members shall be local officials and shall include:  
           (1) one county commissioner appointed by each respective 
        county board from each of the seven metropolitan counties; 
           (2) an elected official from each of the cities of 
        Minneapolis, St. Paul, and Bloomington appointed by each 
        respective city governing body; 
           (3) two elected officials from other metropolitan cities 
        appointed by the governor, who shall consider recommendations 
        made by the Association of Metropolitan Municipalities when 
        making these appointments; 
           (4) an elected official from a county or a city within a 
        county in Minnesota that is contiguous to the metropolitan area 
        appointed by the governor, who shall consider recommendations 
        made by the League of Minnesota Cities when making this 
        appointment; 
           (5) a sheriff appointed by the governor, who shall consider 
        recommendations made by the metropolitan sheriffs association 
        when making this appointment; and 
           (6) a police chief appointed by the governor, who shall 
        consider recommendations made by the Minnesota police chiefs 
        association when making this appointment.  
        The 16th member shall be a member of the metropolitan council 
        appointed by the council.  The 17th member shall be the director 
        of electronic communications of the Minnesota department of 
        transportation.  As provided in section 473.894, subdivision 20, 
        the chair of the technical operations committee serves as an ex 
        officio member of the board. 
           The members shall be appointed within 30 days of the 
        effective date of this act.  Upon the effective date of this 
        act, the metropolitan council shall inform the entities listed 
        in this subdivision of the appointments required by this 
        subdivision and shall provide whatever assistance is necessary 
        to facilitate the appointment process and establish the radio 
        board.  
           Board members have no set term and remain on the board 
        until a successor is appointed as provided by this subdivision.  
        However, with respect to those board members who, under this 
        subdivision, must be elected officials, a successor must be 
        appointed as provided by this subdivision no later than the date 
        that a member is no longer an elected official, unless the 
        member dies while in office, in which case a successor must be 
        named as soon as practicable.  
           Subd. 3.  [OFFICERS.] The officers of the board are:  
        chair; vice-chair; secretary; and treasurer.  The chair shall 
        preside at all meetings of the board, and in the chair's 
        absence, the vice-chair shall preside.  The secretary shall keep 
        a complete record of the minutes of each meeting.  The treasurer 
        shall keep the financial records of the board.  The chair and 
        vice-chair of the board shall be selected by a majority vote 
        from the members of the board.  The secretary and treasurer need 
        not be members of the board.  
           Subd. 4.  [CONTRACTS.] Contracts and other written 
        instruments of the board shall be signed by the chair or 
        vice-chair and if the board has an executive director, by the 
        executive director of the board pursuant to authority from the 
        board. 
           Subd. 5.  [BYLAWS.] The board shall conduct its business in 
        accordance with bylaws duly adopted by a majority of the board.  
           Subd. 6.  [VOTING.] Each member has one vote.  The majority 
        of the voting power of the board constitutes a quorum although a 
        smaller number may adjourn from time to time.  Any motion, other 
        than adjournment, shall be favored by a majority of the voting 
        power of the board in order to carry.  
           Sec. 4.  [473.894] [POWERS OF THE BOARD.] 
           Subdivision 1.  [GENERAL.] The board has the powers 
        necessary and convenient to discharge the duties imposed on it 
        by law, including those listed in this section.  
           Subd. 2.  [PLANNING.] The board shall review and, within 90 
        days of the effective date of this act, adopt the regionwide 
        public safety radio system communication plan prepared by the 
        metropolitan radio systems planning committee pursuant to Laws 
        1993, chapter 313, section 3, subdivision 2, for using the 800 
        megahertz and other frequencies available for public safety 
        use.  The plan must include, at a minimum:  
           (1) a system design recommended by the Minnesota 
        commissioner of transportation for the first phase consisting of 
        a shared regionwide infrastructure network; 
           (2) a system design for subsequent phases; and 
           (3) a plan for assignment of frequencies to the regional 
        network and to each subsystem.  
        No later than 30 days prior to adoption of the plan by the 
        board, the board shall submit the plan to the metropolitan 
        council for review in accordance with section 473.165, clause 
        (1).  The council may make comments to the board about the plan 
        in accordance with section 473.165, clause (2), except that the 
        deadline for comments shall be made within 30 days after 
        submission of the plan to the council. 
           If, within the 30-day review period, the council has made 
        no comment on the plan or has made no findings as provided in 
        section 473.165, clause (2), the plan shall go into effect as of 
        the date of adoption by the board. 
           If, within the 30-day review period, the council has made 
        findings as provided in section 473.165, clause (2), the board 
        and the council shall follow the procedure provided in section 
        473.165, clause (2).  The board may adopt revisions to the plan 
        in the same manner as is provided in this subdivision for 
        adoption of the plan.  
           Subd. 3.  [APPLICATION TO FCC.] Within 180 days from 
        adoption of the regionwide public safety radio system 
        communication plan the commissioner of transportation, on behalf 
        of the state of Minnesota, shall use the plan adopted by the 
        board under subdivision 2 to submit an extended implementation 
        application to the Federal Communications Commission (FCC) for 
        the NPSPAC channels and other public safety frequencies 
        available for use in the metropolitan area and necessary to 
        implement the plan.  Local governments and all other public or 
        private entities eligible under part 90 of the FCC rules shall 
        not apply for public safety channels in the 821 to 824 and 866 
        to 869 megahertz bands for use within the metropolitan counties 
        until the FCC takes final action on the regional application 
        submitted under this section.  Exceptions to the restrictions on 
        the application for the NPSPAC channels may be granted by the 
        radio board.  The Minnesota department of transportation shall 
        hold the master system licenses for all public safety 
        frequencies assigned to the metropolitan area issued by the FCC 
        under the board's plan and these channels shall be used for the 
        implementation of the plan.  Local governments and other public 
        and private entities eligible under part 90 of the FCC rules may 
        apply to the FCC as colicensees for subscriber equipment and 
        those portions of the network infrastructure owned by them.  
        Application for colicensing under this section shall require the 
        concurrence of the radio board. 
           Subd. 4.  [PLAN IMPLEMENTATION.] The board shall supervise 
        the implementation of the regionwide public safety radio system 
        communication plan adopted under subdivision 2 and must ensure 
        that the system is built, owned, operated, and maintained in 
        accordance with the plan.  The board will work with the region 
        22 NPSPAC committee to incorporate the board's adopted plan into 
        federal communication system regulations. 
           Subd. 5.  [REQUIRED MINIMUM LEVEL OF SERVICE FOR LOCAL 
        GOVERNMENTS.] Subject to system capacity and channel 
        availability, the board shall ensure that all local governments, 
        quasi-public service operations, and private entities in the 
        metropolitan counties that are eligible to use radio frequencies 
        reserved for public safety use have adequate communications 
        capacity and intercommunications capability.  
           Subd. 6.  [BACKBONE AND SUBSYSTEMS.] In the regionwide 
        public safety radio system communication plan, the board shall 
        define the backbone consistent with the recommendations made by 
        the commissioner of transportation and the subsystems of the 
        system, the timing and phasing of system development, the 
        geographic scope of the system, the timing and extent of 
        participation in the system including participation by 
        additional entities, and standards for system performance.  
        System performance standards shall be developed in consultation 
        with the commissioner of transportation.  The initial backbone 
        shall serve state and regional agencies and shall include 
        capabilities for regionwide mutual aid and emergency medical 
        services communications and potentially provide alternative 
        routing for 911 services.  
           Subd. 7.  [EXISTING CHANNEL ALLOCATION.] The board shall 
        coordinate allocation of existing radio channels made available 
        to the board by conversion to 800 megahertz or other public 
        safety frequencies.  
           Subd. 8.  [COST APPORTIONMENT.] The board shall determine 
        how capital, operating, and administrative costs of the first 
        phase system will be spread across users of the regionwide 
        public safety radio communication system, including costs for 
        additional participants. 
           Subd. 9.  [EXCESS CAPACITY ALLOCATION.] The board shall 
        determine how excess capacity provided in the initial system 
        design in the regionwide public safety radio communication 
        system will be allocated. 
           Subd. 10.  [SYSTEM ENHANCEMENT REGULATION.] The board shall 
        determine the extent to which local governments, quasi-public 
        service corporations, and private entities eligible to use the 
        system may provide system enhancements at their own direct 
        expense. 
           Subd. 11.  [PERFORMANCE STANDARDS.] The board shall set 
        performance standards for operation of the backbone and 
        subsystems and may modify standards as necessary to meet 
        changing needs.  
           Subd. 12.  [USE PRIORITIES.] The board shall establish 
        priorities or protocols for use of the system.  
           Subd. 13.  [FIRST PHASE CONSTRUCTION.] In order to 
        implement the first phase backbone, the board shall contract 
        with the state of Minnesota, through the commissioner of 
        transportation for construction, ownership, operation, 
        maintenance, and enhancement of these elements of the first 
        phase backbone as defined in the plan.  The commissioner, under 
        appropriate state law, shall contract for, or procure by 
        purchase or lease, (including joint purchase and lease 
        agreements), construction, installation of materials, supplies 
        and equipment, and other services as may be needed to build, 
        operate, and maintain the first phase system network.  In 
        accordance with the terms of the contract entered into with the 
        radio board under this subdivision, the department of 
        transportation will own, operate, and maintain those elements 
        identified by the radio board in the plan as the first phase.  
        The state will finance and pay for its share of the first phase. 
           Subd. 14.  [EXECUTIVE DIRECTOR.] The board may employ and 
        fix the duties and compensation of an executive director who 
        shall supervise the implementation of the plan including the 
        design, ownership, construction, and operation of the first 
        phase system and shall administer the business affairs of the 
        board.  The executive director is eligible for membership in the 
        Minnesota state retirement system.  Until funds to administer 
        the board become available under subdivision 19, the 
        metropolitan council shall provide to the board an executive 
        director who will be a staff member of the council.  The 
        executive director shall serve at the pleasure of the board.  
           Subd. 15.  [SYSTEM USE BY NONGOVERNMENTAL ENTITIES.] The 
        board may contract with entities in the metropolitan counties 
        eligible to use the public safety channels other than local 
        governments, to provide them with public safety radio 
        communication service.  The board may contract with eligible 
        jurisdictions and entities outside the metropolitan counties for 
        inclusion in the regionwide public safety radio communication 
        system.  
           Subd. 16.  [MINUTES OF BOARD MEETINGS.] The board shall 
        keep proper minutes of all its proceedings which shall be open 
        to public inspection at all reasonable times. 
           Subd. 17.  [ACCOUNTING.] The board shall keep proper and 
        adequate books of accounts showing all its receipts and 
        disbursements by date, source, and amount.  The board must be 
        audited at least once each year.  The board may elect to be 
        audited by a certified public accountant or by the state auditor.
           Subd. 18.  [INSURANCE.] The board may obtain suitable, 
        proper, and adequate public liability and workers' compensation 
        insurance and other insurance as it deems necessary, including 
        but not limited to, insurance against the liability of the board 
        or its officers and employees for personal injury or death and 
        property damage or destruction, with the force and effect stated 
        in chapter 466, and against risks of damage to or destruction of 
        any of its facilities, equipment, or other property. 
           Subd. 19.  [USER FEES.] In accordance with the plan 
        authorized in subdivision 2, the board may establish and impose 
        user fees on entities using the first phase system to cover the 
        board's costs of implementing the plan and the costs of 
        operating the first phase system in the metropolitan area.  The 
        metropolitan council will collect the user fees.  
           Subd. 20.  [TECHNICAL OPERATIONS COMMITTEE.] The board 
        shall establish a technical operations committee composed of 
        representatives of the following functional categories to advise 
        it in carrying out its purposes:  
           (1) Minnesota department of public safety; 
           (2) Minnesota department of transportation; 
           (3) sheriffs; 
           (4) police; 
           (5) fire protection; 
           (6) emergency medical service; 
           (7) public works; 
           (8) civil defense; 
           (9) metro 911 telephone board; 
           (10) entities using 800 megahertz prior to initiation of 
        the regional system; 
           (11) managers or purchasing agents possessing expertise 
        from a general perspective; 
           (12) representatives of local units of government; and 
           (13) regionwide public safety radio communication system 
        users. 
        The members of the technical operations committee serve without 
        compensation.  The chair of the technical operations committee 
        is an ex officio member of the radio board. 
           Subd. 21.  [CONTRACTS.] The board may enter into contracts 
        necessary to carry out its responsibilities.  
           Subd. 22.  [PROPERTY.] The board may acquire by purchase, 
        lease, gift, or grant, property, both real and personal, and 
        interests in property necessary for the accomplishment of its 
        purposes and may sell or otherwise dispose of property which it 
        no longer requires.  
           Subd. 23.  [GIFTS; GRANTS.] The board may apply for, 
        accept, and disburse gifts, grants, or loans from the United 
        States, the state, or from any person for any of its purposes.  
        It may enter into an agreement required for the gifts, grants, 
        or loans and may hold, use, and dispose of money or property 
        received according to the terms of the gift, grant, or loan.  
           Subd. 24.  [AUTHORITY TO LITIGATE.] The board may sue and 
        be sued.  
           Sec. 5.  [473.895] [ADVERSE INTERESTS OF BOARD MEMBERS.] 
           As provided in section 471.87, no member of the board shall 
        have any personal or financial interest in any sale, lease, or 
        other contract made by the board.  Any violation of section 
        471.87 may make the sale, lease, or other contract voidable by 
        the board.  Upon conviction for a violation of section 471.87, a 
        board member is automatically disqualified from further service 
        on the board.  
           Sec. 6.  [473.896] [COMPENSATION OF BOARD MEMBERS.] 
           Subdivision 1.  [PER DIEM AND EXPENSES.] Except as provided 
        in subdivision 2, and unless otherwise prohibited by law, each 
        board member of the radio board shall be reimbursed for actual 
        and necessary expenses incurred in the performance of duties.  
        The chair shall be paid a per diem in the same amount as is 
        provided in section 15.0575, subdivision 3, for attending 
        meetings, monthly, executive, and special, and board members 
        shall be paid a per diem in the same amount as is provided in 
        section 15.0575, subdivision 3, for attending meetings, monthly, 
        executive, and special.  A board member who receives a per diem 
        from the board member's county or city shall not be paid a per 
        diem for the same day by the board for attending meetings of the 
        board.  The annual budget of the board shall provide, as a 
        separate account, anticipated expenditures for per diem, travel, 
        and associated expenses for the chair and members, and 
        compensation or reimbursement shall be made to the chair or 
        members only when budgeted.  
           Subd. 2.  [LIMITATION.] A board member whose annual public 
        salary is $25,000 or more shall only be reimbursed for expenses 
        related to travel. 
           Sec. 7.  [473.897] [FINANCE.] 
           Subdivision 1.  [BUDGET PREPARATION; REVIEW AND 
        APPROVAL.] The board shall prepare a proposed budget by August 1 
        of each year.  The budget shall include operating revenues and 
        expenditures for operation, administration, and maintenance.  In 
        addition, the budget must show for each fiscal year of the state 
        biennium: 
           (1) the estimated operating revenues from all sources 
        including funds on hand at the beginning of the year, and 
        estimated expenditures for costs of operation, administration, 
        maintenance, and debt service; 
           (2) capital improvement funds estimated to be on hand at 
        the beginning of the year and estimated to be received during 
        the year from all sources and estimated cost of capital 
        improvements to be paid out or expended during the year, all in 
        such detail and form as the council may prescribe; and 
           (3) the estimated source and use of pass-through funds. 
           As early as practicable before August 15 of each year, the 
        board shall hold a public hearing on a draft of the proposed 
        budget.  Along with the draft, the board shall publish a report 
        on user charges.  The report must include an estimated analysis 
        of the changes in user charges, rates, and fees that will be 
        required by the board's budget.  Not less than 14 days before 
        the hearing, the board shall publish notice of the hearing in a 
        newspaper having general circulation in the metropolitan area, 
        stating the date, time, and place of hearing, and the place 
        where the proposed budget and report on user charges may be 
        examined by any interested person.  
           Following the hearing, the board shall publish a report of 
        the hearing that summarizes the comments received and board's 
        response.  The council shall approve or disapprove the entire 
        budget by October 1 of each year.  The council may disapprove 
        only if the budget does not have adequate reserves to meet debt 
        service.  If the council disapproves the budget in accordance 
        with this subdivision, the board shall, by November 1, resubmit 
        to the council for approval, a budget which meets the 
        requirements for council approval as provided in this 
        subdivision.  The council shall approve or disapprove the entire 
        resubmitted budget by December 1.  
           Before December 15 of each year, the board shall, by 
        resolution, adopt a final budget.  The board shall file its 
        final budget with the council on or before December 20 of each 
        year.  The council shall file the budgets with the secretary of 
        the senate and the clerk of the house of representatives not 
        later than January 1 of each year.  Before adoption, the board 
        must submit any budget amendment which would affect debt service 
        reserves to the council for review.  The council has 15 days to 
        approve or disapprove the amendment.  The council shall 
        disapprove the budget amendment only if the budget does not have 
        adequate reserves to meet debt service. 
           Except in an emergency, for which procedures must be 
        established by the board, the board and its officers, agents, 
        and employees may not spend money for any purpose, other than 
        debt service, without an appropriation by the board, and no 
        obligation to make such an expenditure shall be enforceable 
        except as the obligation of the person or persons incurring it.  
        The creation of any debt obligation or the receipt of any 
        federal or state grant is a sufficient appropriation of the 
        proceeds for the purpose for which it is authorized, and of the 
        tax or other revenues pledged to pay the obligation and interest 
        on it whether or not specifically included in any annual budget. 
        After obtaining the approval of the council, the board may amend 
        the budget at any time by transferring any appropriation from 
        one purpose to another, except appropriations of the proceeds of 
        bonds issued for a specific purpose.  The council shall 
        disapprove only if the amended budget does not have adequate 
        reserves to meet debt service. 
           Subd. 2.  [PROGRAM EVALUATION.] The budget procedure of the 
        board must include a substantive assessment and evaluation of 
        the effectiveness of each significant part of the regionwide 
        public safety radio communication system implementation plan 
        adopted by the board with, to the extent possible, quantitative 
        information on the status, progress, costs, benefits, and 
        effects of each program.  
           The board shall transmit the evaluation to the metropolitan 
        council annually. 
           Subd. 3.  [COUNCIL REPORT TO LEGISLATURE.] Biennially the 
        council shall submit a report to the legislature detailing the 
        board's activities and finances for the previous year, the 
        extent to which the system has been expanded beyond the 
        metropolitan area, and the appropriateness of transferring 
        responsibility for the metropolitan radio board to a state 
        agency. 
           Subd. 4.  [RESALE OF SERVICES OR CAPACITY 
        PROHIBITED.] Neither the council, the board, or any local 
        government unit may resell any service or capacity of this 
        system to a nonpublic entity, except for those private entities 
        eligible to hold Federal Communications Commission licenses in 
        the public safety and special emergency radio services, as 
        defined in the Code of Federal Regulations, title 47, part 90 
        (1994). 
           Sec. 8.  [473.898] [REVENUE BONDS; OBLIGATIONS.] 
           Subdivision 1.  [AUTHORIZATION.] The council, if requested 
        by a vote of at least two-thirds of all of the members of the 
        metropolitan radio board may, by resolution, authorize the 
        issuance of its revenue bonds for any of the following purposes 
        to: 
           (1) provide funds for regionwide mutual aid and emergency 
        medical services communications; 
           (2) provide funds for the elements of the first phase of 
        the regionwide public safety radio communications system that 
        the board determines are of regionwide benefit and support 
        mutual aid and emergency medical services communication 
        including, but not limited to, costs of master controllers of 
        the backbone; or 
           (3) refund bonds issued under this section. 
           Subd. 2.  [PROCEDURE.] The bonds shall be sold, issued, and 
        secured in the manner provided in chapter 475 for bonds payable 
        solely from revenues, except as otherwise provided in sections 
        473.891 to 473.905 and the council shall have the same powers 
        and duties as a municipality and its governing body in issuing 
        bonds under chapter 475.  The bonds may be sold at any price and 
        at public or private sale as determined by the council. 
           The bonds shall be payable from and secured by a pledge of 
        the emergency telephone service fee provided in chapter 403 and 
        shall not represent or constitute a general obligation or debt 
        of the council and shall not be included in the net debt of any 
        city, county, or other subdivision of the state for the purpose 
        of any debt limitation. 
           Subd. 3.  [LIMITATIONS.] The principal amount of the bonds 
        issued pursuant to subdivision 1, exclusive of any original 
        issue discount, shall not exceed the amount of $10,000,000 plus 
        the amount the council determines necessary to pay the costs of 
        issuance, fund reserves, debt service, and pay for any bond 
        insurance or other credit enhancement. 
           Subd. 4.  [SECURITY.] The bonds may be secured by a bond 
        resolution or a trust indenture entered into by the council with 
        a corporate trustee within or outside the state which shall 
        define the fee pledged for the payment and security of the bonds 
        and for payment of all necessary and reasonable debt service 
        expenses until all the bonds referred to in subdivision 1 are 
        fully paid or discharged in accordance with law.  The pledge 
        shall be a valid charge on the emergency telephone service fee 
        provided in chapter 403.  No mortgage of or security interest in 
        any tangible real or personal property shall be granted to the 
        bondholders or the trustee, but they shall have a valid security 
        interest in the revenues and bond proceeds received by the 
        council and pledged to the payment of the bonds as against the 
        claims of all persons in tort, contract, or otherwise, 
        irrespective of whether the parties have notice and without 
        possession or filing as provided in the Uniform Commercial Code, 
        or any other law, subject however to the rights of the holders 
        of any general obligation bonds issued under section 473.903.  
        In the bond resolution or trust indenture, the council may make 
        covenants as it determines to be reasonable for the protection 
        of the bondholders. 
           Neither the council, nor any council member, officer, 
        employee, or agent of the council, nor any person executing the 
        bonds shall be liable personally on the bonds by reason of their 
        issuance.  The bonds are not payable from, and are not a charge 
        upon, any funds other than the revenues and bond proceeds 
        pledged to their payment.  The council is not subject to any 
        liability on the bonds and has no power to obligate itself to 
        pay or to pay the bonds from funds other than the revenues and 
        bond proceeds pledged.  No holder of bonds has the right to 
        compel any exercise of the taxing power of the council, except 
        any deficiency tax levy the council covenants to certify under 
        section 473.902, or any other public body, to the payment of 
        principal of or interest on the bonds.  No holder of bonds has 
        the right to enforce payment of principal or interest against 
        any property of the council or other public body other than that 
        expressly pledged for the payment of the bonds. 
           Sec. 9.  [473.899] [DEPOSITORIES.] 
           The metropolitan council shall, from time to time, 
        designate one or more national or state banks, or trust 
        companies authorized to do banking business, as official 
        depositories for money of the board and shall require the 
        board's treasurer to deposit all or a part of such money in 
        those institutions.  The designation shall be in writing and 
        shall set forth all the terms and conditions upon which the 
        deposits are made and shall be signed by the chair and treasurer 
        and made a part of the minutes of the board.  Any bank or trust 
        company designated shall qualify as a depository by furnishing a 
        corporate surety bond or collateral in the amounts required by 
        section 118.01.  No bond or collateral shall be required to 
        secure any deposit insofar as it is insured under federal law. 
           Sec. 10.  [473.900] [MONEY; ACCOUNTS; INVESTMENTS.] 
           Subdivision 1.  [TREASURER'S DUTIES.] All money received by 
        the metropolitan council under section 473.894, subdivision 19, 
        shall be deposited or invested by the board's treasurer and 
        disposed of as the board may direct in accordance with its 
        budget, provided that any money that has been pledged or 
        dedicated by the metropolitan council to the payment of 
        obligations or interest on them or expenses incident to them, or 
        for any other specific purpose authorized by law, shall be paid 
        by the board's treasurer into the fund to which they have been 
        pledged.  
           Subd. 2.  [FUNDS AND ACCOUNTS ESTABLISHED.] The 
        metropolitan council shall establish funds and accounts as may 
        be necessary or convenient to handle the receipts and 
        disbursements of the board in an orderly fashion. 
           Subd. 3.  [DEPOSITORIES; INVESTMENTS.] The money on hand in 
        the funds and accounts may be deposited in the official 
        depositories of the metropolitan council or invested as provided 
        in this subdivision.  The amount not currently needed or 
        required by law to be kept in cash on deposit, may be invested 
        in obligations authorized for the investment of municipal 
        sinking funds by section 475.66.  The money may also be held 
        under certificates of deposit issued by any official depository 
        of the metropolitan council.  
           Subd. 4.  [USE OF BOND PROCEEDS.] The use of proceeds of 
        all bonds issued by the metropolitan council for the purposes 
        enumerated in section 473.898, subdivision 1, other than 
        investment of all money on hand in any sinking fund or funds of 
        the council, shall be governed by the provisions of chapter 475, 
        the provisions of resolutions authorizing the issuance of the 
        bonds, and by the trust indenture.  
           Sec. 11.  [473.901] [USE OF EMERGENCY TELEPHONE SERVICE 
        FEE; BUDGETS; APPROPRIATION TRANSFERS; AUDITS.] 
           Subdivision 1.  [COSTS COVERED BY FEE.] Beginning July 1, 
        1995, the following costs shall be paid from money appropriated 
        to the commissioner of administration for those costs from the 
        911 emergency telephone service account established under 
        section 403.11: 
           (1) debt service costs and reserves for bonds issued 
        pursuant to section 473.898; 
           (2) repayment of the right-of-way acquisition loans; 
           (3) costs of design, construction, maintenance of, and 
        improvements to those elements of the first phase that support 
        mutual aid communications and emergency medical services; or 
           (4) recurring charges for leased sites and equipment for 
        those elements of the first phase that support actual aid and 
        emergency medical communication services. 
           Money appropriated from the 911 emergency telephone service 
        fee account shall be used to pay annual debt service costs and 
        reserves for bonds issued pursuant to section 473.898 prior to 
        use of fee money to pay other costs eligible under this 
        subdivision.  In no event shall the money appropriated from the 
        911 emergency telephone service fee account for the first phase 
        radio system exceed an amount equal to four cents a month for 
        each customer access line or other basic access service, 
        including trunk equivalents as designated by the public 
        utilities commission for access charge purposes and including 
        cellular and other nonwire access services. 
           Subd. 2.  [ANNUAL BUDGET OF RADIO BOARD.] The metropolitan 
        council shall transmit the annual budget of the radio board to 
        the commissioner of administration no later than December 15 of 
        each year.  The commissioner of administration shall include 
        eligible costs for the regionwide public safety communication 
        system in its request for legislative appropriations from the 
        911 emergency telephone service fee account.  All eligible costs 
        approved by the radio board shall be included in the 
        commissioner of administration's appropriation request.  
           Subd. 3.  [APPROPRIATION TRANSFERS.] Each month, before the 
        25th day of the month, the commissioner of administration shall 
        transmit to the metropolitan council 1/12 of its total approved 
        appropriation for the regionwide public safety communication 
        system. 
           Sec. 12.  [473.902] [OPERATING COSTS.] 
           Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
        current costs of the board in implementing regionwide public 
        safety radio communication plan system and the first phase 
        system shall be allocated among and paid by the following users, 
        all in accordance with the regionwide public safety radio system 
        communication plan adopted by the board: 
           (1) the state of Minnesota for its operations using the 
        system in the metropolitan counties; 
           (2) all local government units using the system; and 
           (3) other eligible users of the system. 
           Subd. 2.  [PAYMENTS TO RADIO BOARD; AMOUNTS DUE BOARD WHEN 
        PAYABLE.] Charges payable to the board by users of the system 
        may be made payable at those times during each year as the board 
        determines, but those dates shall be fixed with reference to the 
        dates on which tax, assessment, and revenue collections become 
        available to the government units required to pay such charges.  
           Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO 
        BOARD.] Each local government and other eligible users of the 
        first phase system shall pay to the board all sums charged to it 
        under this section, at the times and in the manner determined by 
        the board.  The governing body of each local government shall 
        take all action that may be necessary to provide the funds 
        required for these payments and to make them when due.  
           Subd. 4.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
        duty imposed on it by the council or radio board, the governing 
        body of every local government in the metropolitan area may 
        exercise the powers granted any municipality by chapters 117, 
        412, 429, 475, and by sections 115.46, 444.075, and 471.59. 
           Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
        any local government using the first phase system fails to meet 
        any payment to the board under subdivision 1 when due, the 
        metropolitan council may certify to the auditor of the county in 
        which the government unit is located the amount required for 
        payment of the amount due with interest at six percent per 
        year.  The auditor shall levy and extend the amount due, with 
        interest, as a tax upon all taxable property in the government 
        unit for the next calendar year, free from any existing 
        limitations imposed by law or charter.  This tax shall be 
        collected in the same manner as the general taxes of the 
        government unit, and the proceeds of the tax, when collected, 
        shall be paid by the county treasurer to the board and credited 
        to the government unit for which the tax was levied. 
           Sec. 13.  [473.903] [SALE OF GENERAL OBLIGATION BONDS.] 
           Subdivision 1.  [AMOUNT; PURPOSES.] The metropolitan 
        council may by resolution authorize the issuance of general 
        obligation bonds of the council, in an amount outstanding and 
        undischarged at any time not more than $3,000,000, for which its 
        full faith and credit and taxing powers shall be pledged for the 
        council's share of the first phase.  The metropolitan council 
        may also issue general obligation bonds to refund outstanding 
        obligations issued under this section.  The amount of refunding 
        bonds that may be issued from time to time shall not be subject 
        to the dollar limitation contained in this subdivision nor the 
        refunding bonds be included in computing the amount of bonds 
        that may be issued within that dollar limitation.  
           Subd. 2.  [SALE, TERMS, SECURITY.] The metropolitan council 
        shall sell and issue the bonds in the manner provided in chapter 
        475 and shall have the same powers and duties as a municipality 
        issuing bonds under that law, except that the approval of a 
        majority of the electors shall not be required and the net debt 
        limitations shall not apply.  The bonds shall be secured in 
        accordance with section 475.61, subdivision 1, and any taxes 
        required for their payment shall be levied by the council, shall 
        not affect the amount or rate of taxes which may be levied by 
        the council for other purposes, and shall be levied without 
        limitation of rate or amount upon all taxable property in the 
        transit taxing district and transit area as provided in section 
        473.446, subdivision 1. 
           Subd. 3.  [TEMPORARY LOANS.] The metropolitan council may, 
        after the authorization of bonds under this section, provide 
        funds immediately required for the purposes of subdivision 1 by 
        effecting temporary loans upon terms as it shall by resolution 
        determine, evidenced by notes due in not exceeding 24 months 
        from their date, payable to the order of the lender or to the 
        bearer, to be repaid with interest from the proceeds of the 
        bonds when issued and delivered to the purchaser.  The temporary 
        loans may be made without public advertisement.  
           Sec. 14.  [473.904] [LOCAL PLANNING.] 
           Subdivision 1.  [COUNTY PLANNING PROCESS.] No later than 
        two years from the date of enactment of this act, each 
        metropolitan county shall undertake and complete a planning 
        process for its public safety radio subsystem to ensure 
        participation by representatives of local government units, 
        quasi-public service organizations, and private entities 
        eligible to use the regional public safety radio system and to 
        ensure coordination and planning of the local subsystems.  Local 
        governments and other eligible users shall cooperate with the 
        county in its preparation of the subsystem plan to ensure that 
        local needs are met.  The radio board shall encourage the 
        establishment by each metropolitan county of local public safety 
        radio subsystem committees composed of representatives of local 
        governments and other eligible users for the purposes of:  
           (1) establishing a plan for coordinated and timely use of 
        the regionwide public safety radio system by the local 
        governments and other eligible users within each metropolitan 
        county; and 
           (2) assisting and advising the board in its implementation 
        of the regional public safety radio plan by identification of 
        local service needs and objectives. 
           The board shall also encourage the establishment of joint 
        or multicounty planning for the regionwide public safety radio 
        system and subsystems. 
           The board may provide local boards with whatever assistance 
        it deems necessary and appropriate.  
           No metropolitan county or city of the first class shall be 
        required to undertake a technical subsystem design to meet the 
        planning process requirements of this subdivision or subdivision 
        2. 
           Subd. 2.  [CITIES OF FIRST CLASS; PLANNING PROCESS.] Each 
        city of the first class in the metropolitan counties shall have 
        the option to participate in the county public safety radio 
        subsystem planning process or develop its own plan.  
           Subd. 3.  [SUBMISSION OF PLANS TO BOARD.] Each metropolitan 
        county and each city of the first class in the metropolitan area 
        which has chosen to develop its own plan shall submit the plan 
        to the board for the board's review and approval.  
           Subd. 4.  [LOCAL GOVERNMENT JOINDER.] Local government 
        units, except for cities of the first class, quasi-public 
        service organizations, and private entities eligible to use the 
        regional public safety radio system cannot join the system until 
        its county plan has been approved by the board. 
           Sec. 15.  [473.905] [OPTIONAL LOCAL USE OF REGIONAL 
        SYSTEM.] 
           Subdivision 1.  [OPTIONS.] Use of the regional public 
        safety radio system by local governments, quasi-public service 
        organizations, and private entities eligible to use the system 
        shall be optional and no local government or other eligible user 
        of the system shall be required to abandon or modify current 
        public safety radio communication systems or purchase new 
        equipment until the local government or other eligible user 
        elects to join the system.  Public safety radio communication 
        service to local governments and other eligible users who do not 
        initially join the system shall not be interrupted.  No local 
        government or other eligible users who do not join the system 
        shall be charged a user fee for the use of the system.  
           Subd. 2.  [REQUIREMENTS TO JOIN.] Local governments and 
        other entities eligible to join the regional public safety radio 
        system which elect to join the system must do so in accordance 
        with and meet the requirements of the provisions of the plan 
        adopted by the radio board as provided in section 473.894, 
        subdivision 2.  
           Sec. 16.  [FIRST BUDGET; TEMPORARY FUNDING.] 
           Subdivision 1.  [FIRST BUDGET.] The budget of the board 
        prepared in 1995 need not be submitted to the council until 
        October 1, 1995, and the council has 30 days to approve or 
        disapprove the entire budget.  The council may disapprove only 
        if the budget does not have adequate reserves to meet debt 
        service. 
           Subd. 2.  [TEMPORARY FUNDING.] For fiscal year 1996, the 
        appropriation from the 911 emergency telephone service fee 
        account shall be $293,000.  For fiscal year 1997, the 
        appropriation from the 911 emergency telephone service fee 
        account shall be $93,000. 
           Sec. 17.  [APPROPRIATION.] 
           $194,000 is appropriated from the trunk highway fund to the 
        commissioner of transportation for the biennium ending June 30, 
        1997, for the purposes of implementing the first phase of the 
        public safety radio communications system as provided in 
        Minnesota Statutes, sections 174.70 and 473.894. 
           Sec. 18.  [SUNSET.] 
           The metropolitan radio board is abolished effective July 1, 
        1999.  Effective July 1, 1999, the board's duties and 
        responsibilities are transferred to the metropolitan council or 
        an appropriate state agency, as provided by law, based on the 
        reports submitted by the metropolitan council under section 7, 
        subdivision 3, of this article.  The designated agency is the 
        successor to all the property, interests, obligations, and rules 
        of the metropolitan radio board. 
           Sec. 19.  [APPLICATION.] 
           Sections 1 to 16 and 18 apply in Anoka, Carver, Dakota, 
        Hennepin, Ramsey, Scott, and Washington counties.  
           Sec. 20.  [EFFECTIVE DATE.] 
           Sections 1 to 16 and 19 are effective the day after final 
        enactment.  Section 17 is effective July 1, 1995.  Section 18 is 
        effective July 1, 1999.  
                                   ARTICLE 2
                              CONFORMING AMENDMENT
           Section 1.  Minnesota Statutes 1994, section 352.01, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
        includes: 
           (1) employees of the Minnesota historical society; 
           (2) employees of the state horticultural society; 
           (3) employees of the Disabled American Veterans, Department 
        of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
        if employed before July 1, 1963; 
           (4) employees of the Minnesota crop improvement 
        association; 
           (5) employees of the adjutant general who are paid from 
        federal funds and who are not covered by any federal civilian 
        employees retirement system; 
           (6) employees of the state universities employed under the 
        university activities program; 
           (7) currently contributing employees covered by the system 
        who are temporarily employed by the legislature during a 
        legislative session or any currently contributing employee 
        employed for any special service as defined in clause (8) of 
        subdivision 2b; 
           (8) employees of the armory building commission; 
           (9) permanent employees of the legislature and persons 
        employed or designated by the legislature or by a legislative 
        committee or commission or other competent authority to conduct 
        a special inquiry, investigation, examination, or installation; 
           (10) trainees who are employed on a full-time established 
        training program performing the duties of the classified 
        position for which they will be eligible to receive immediate 
        appointment at the completion of the training period; 
           (11) employees of the Minnesota safety council; 
           (12) any employees on authorized leave of absence from the 
        transit operating division of the former metropolitan transit 
        commission who are employed by the labor organization which is 
        the exclusive bargaining agent representing employees of the 
        transit operating division; 
           (13) employees of the metropolitan council, metropolitan 
        parks and open space commission, metropolitan sports facilities 
        commission, or the metropolitan mosquito control commission, or 
        metropolitan radio board unless excluded or covered by another 
        public pension fund or plan under section 473.141, subdivision 
        12, or 473.415, subdivision 3; 
           (14) judges of the tax court; and 
           (15) personnel employed on June 30, 1992, by the University 
        of Minnesota in the management, operation, or maintenance of its 
        heating plant facilities, whose employment transfers to an 
        employer assuming operation of the heating plant facilities, so 
        long as the person is employed at the University of Minnesota 
        heating plant by that employer or by its successor organization. 
           (b) Employees specified in paragraph (a), clause (15), are 
        included employees under paragraph (a) providing that employer 
        and employee contributions are made in a timely manner in the 
        amounts required by section 352.04.  Employee contributions must 
        be deducted from salary.  Employer contributions are the sole 
        obligation of the employer assuming operation of the University 
        of Minnesota heating plant facilities or any successor 
        organizations to that employer. 
           Presented to the governor May 19, 1995 
           Signed by the governor May 22, 1995, 7:38 p.m.