Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 43-H.F.No. 317 
                  An act relating to counties; allowing use of certain 
                  county facilities for commercial wireless service 
                  providers and allowing the lease of sites for public 
                  safety communications equipment; permitting the 
                  appointment of the Rock county recorder; proposing 
                  coding for new law in Minnesota Statutes, chapter 375. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [375.87] [RADIO SYSTEMS.] 
           Subdivision 1.  [ESTABLISHMENT.] A county may establish and 
        rent, lease, construct, equip, and maintain a radio broadcasting 
        station or stations, with land-fixed repeater stations and other 
        necessary communication equipment, to be used for public safety 
        communications.  It may acquire land, towers, or equipment by 
        gift, purchase, lease, exchange, condemnation, or other means 
        for use as a site for public safety communications equipment.  
        Public safety communications sites may be acquired by lease for 
        a period of up to 25 years in duration.  Public safety 
        communications may include police, fire, highway maintenance, 
        emergency medical service, local government, forestry 
        conservation, and other communications as determined by the 
        county board. 
           Subd. 2.  [ANTENNA SITE USE AGREEMENTS.] Use of 
        county-owned radio towers, building rooftops, lands, and 
        easements may be made available to commercial wireless service 
        providers or other users for the purpose of installing antennas 
        and equipment.  The county may charge site use fees for the 
        value of the real property or structure made available and for 
        public safety communications systems costs.  In lieu of a site 
        use fee, the county may make agreements with commercial wireless 
        service providers or other tower owners to place county 
        equipment on privately owned towers and may accept improvements 
        such as tower reinforcement, reconstruction, site development, 
        or other site improvements to the county's communications system 
        facilities or real or personal property.  Antenna site use 
        agreements and leases may be entered into by any means available 
        and in the manner determined by the county board, with or 
        without advertisement for bids. 
           Sec. 2.  [RECORDER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Rock county board of 
        commissioners, the office of county recorder in the county is 
        not elective but must be filled by appointment by the county 
        board as provided in the resolution.  Before the county board 
        may adopt a resolution under this section, the board must hold a 
        public hearing on the proposal to appoint the county recorder. 
           Sec. 3.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
        DONE.] 
           Upon adoption of a resolution by the Rock county board of 
        commissioners and subject to sections 4 and 5, the duties of the 
        elected official required by statute whose office is made 
        appointive as authorized by this act must be discharged by the 
        board of commissioners of Rock county acting through a 
        department head appointed by the board for that purpose.  A 
        reorganization, reallocation, or delegation or other 
        administrative change or transfer does not diminish, prohibit, 
        or avoid the discharge of duties required by statute. 
           Sec. 4.  [INCUMBENT TO COMPLETE TERM.] 
           The person currently serving as county recorder must serve 
        in that capacity and perform the duties, functions, and 
        responsibilities required by statute until the completion of the 
        current term of office or until a vacancy occurs in the office, 
        whichever occurs earlier. 
           Sec. 5.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
           The county board may provide for the appointment of the 
        county recorder as permitted in this act without an affirmative 
        vote of the voters of the county if the resolution to make the 
        office appointed is approved by 80 percent of the members of the 
        county board.  Before the adoption of the resolution, the county 
        board must publish a resolution notifying the public of its 
        intent to consider adopting the option once each week for two 
        consecutive weeks in the official publication of the county.  
        Following the publication, the county board shall provide an 
        opportunity at its next regular meeting for public comment 
        relating to the option, prior to formally adopting the option.  
        The option may be implemented without the submission of the 
        question of its implementation to the voters of the county, 
        unless within 30 days after the second publication of the 
        resolution, a petition requesting a referendum, signed by at 
        least ten percent of the registered voters of the county, is 
        filed with the county auditor.  If a petition is filed, the 
        option may be implemented unless disapproved by a majority of 
        the voters of the county voting on the question at a regular or 
        special election. 
           Sec. 6.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
           Sections 2 to 5 are effective the day after the governing 
        body of Rock county and its chief clerical officer timely 
        complete their compliance with Minnesota Statutes, section 
        645.021, subdivisions 2 and 3. 
           Presented to the governor May 12, 2003 
           Signed by the governor May 14, 2003, 4:00 p.m.