Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes