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Office of the Revisor of Statutes

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

                            CHAPTER 201-S.F.No. 1973 
                  An act relating to the public safety radio and 
                  communication system; transforming the Public Safety 
                  Radio System Planning Committee into the Statewide 
                  Radio Board; changing the composition of the 
                  Metropolitan Radio Board and providing for the 
                  transfer of its responsibilities to a regional radio 
                  board and the Statewide Radio Board; providing for the 
                  composition and responsibilities of the Statewide 
                  Radio Board; providing for establishment of regional 
                  radio boards and various advisory committees; 
                  allocating responsibility for requesting that the 
                  Metropolitan Council sell bonds for construction of 
                  the public safety radio and communication system; 
                  amending Minnesota Statutes 2003 Supplement, sections 
                  403.21, subdivisions 1, 2, 3, 5, 8, 9, 10, by adding 
                  subdivisions; 403.22, subdivisions 1, 2; 403.23, 
                  subdivision 3; 403.27, subdivision 1; 403.35; 403.36; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 403; repealing Laws 1995, chapter 195, article 
                  1, section 18, as amended. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [403.20] [SYSTEM NAME.] 
           The statewide, shared, trunked radio and communication 
        system established under section 403.36 may be referred to as 
        "Allied Radio Matrix for Emergency Response" or "ARMER." 
           Sec. 2.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATIONS.] The definitions in this 
        section apply to sections 403.21 to 403.34 403.40. 
           Sec. 3.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 2, is amended to read: 
           Subd. 2.  [BOARD.] "Board" or "radio board" or 
        "Metropolitan Radio Board" means the Metropolitan Radio Board or 
        its successor regional radio board.  
           Sec. 4.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 3, is amended to read: 
           Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
        the regionwide public safety radio communications communication 
        system" means the initial backbone which serves the following 
        nine-county metropolitan area:  Anoka, Carver, Chisago, Dakota, 
        Hennepin, Isanti, Ramsey, Scott, and Washington Counties. 
           Sec. 5.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 5, is amended to read: 
           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. 
           Sec. 6.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 8, is amended to read: 
           Subd. 8.  [SUBSYSTEMS.] "Subsystems" or "public safety 
        radio subsystems" means systems identified in the plan as 
        subsystems interconnected by the first phase system backbone in 
        subsequent phases and operated by the Metropolitan Radio Board, 
        a regional radio board, or local government units for their own 
        internal operations. 
           Sec. 7.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 9, is amended to read: 
           Subd. 9.  [SYSTEM; BACKBONE SYSTEM.] "System backbone" or 
        "backbone system" means a regionwide public safety radio 
        communication system that consists of a shared regionwide, 
        trunked, communication, and interoperability infrastructure 
        network, including, but not limited to, radio towers and 
        associated structures and equipment, the elements of which are 
        identified in the regionwide public safety radio communications 
        communication system plan, and subsystems interconnected by the 
        shared regionwide network under section 403.23, subdivision 6, 
        and the statewide radio communication plan under section 403.36. 
           Sec. 8.  Minnesota Statutes 2003 Supplement, section 
        403.21, subdivision 10, is amended to read: 
           Subd. 10.  [SECOND PHASE.] "Second phase" means the 
        Metropolitan Radio Board providing assistance to enhancement of 
        the phase one backbone by local government units building 
        subsystems in the metropolitan area that did not build their own 
        subsystems in the first phase. 
           Sec. 9.  Minnesota Statutes 2003 Supplement, section 
        403.21, is amended by adding a subdivision to read: 
           Subd. 12.  [GREATER MINNESOTA.] "Greater Minnesota" means 
        the area of the state outside the nine-county metropolitan area 
        served by the first phase.  
           Sec. 10.  Minnesota Statutes 2003 Supplement, section 
        403.21, is amended by adding a subdivision to read: 
           Subd. 13.  [REGIONAL RADIO BOARD.] "Regional radio board" 
        or "regional board" means a regional radio board established 
        under section 403.39. 
           Sec. 11.  Minnesota Statutes 2003 Supplement, section 
        403.22, subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The Metropolitan Radio Board is 
        established as a political subdivision with jurisdiction in the 
        counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, 
        Ramsey, Scott, and Washington.  The board shall be organized, 
        structured, and administered as provided in this section.  Until 
        funds to administer the board become available under section 
        403.23, subdivision 19, the Metropolitan Council shall provide 
        office space and administrative support to the board at no cost. 
           Sec. 12.  Minnesota Statutes 2003 Supplement, section 
        403.22, subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] The board consists of 17 21 
        members.  Fifteen Seventeen 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 in the 
        board's jurisdiction; 
           (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 18th member shall be a member of the Metropolitan 
        Council appointed by the council.  The 17th 19th member shall be 
        the director of electronic communications of the Minnesota 
        Department of Transportation.  The 20th member shall be the 
        commissioner of public safety, or a designee of the 
        commissioner.  As provided in section 403.23, subdivision 20, 
        the chair of the Technical Operations Committee serves as an ex 
        officio the 21st member of the board. 
           The members shall be appointed within 30 days of the 
        effective date of Laws 1995, chapter 195.  Upon the effective 
        date of Laws 1995, chapter 195, 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. 
           Sec. 13.  Minnesota Statutes 2003 Supplement, section 
        403.23, subdivision 3, is amended to read: 
           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 first phase under the board's plan 
        and these channels shall must be used for the implementation of 
        the plan.  The radio board shall hold the master system licenses 
        for the public safety frequencies assigned to local government 
        subsystems under the board's plan and these channels shall must 
        be used for implementation of the plan.  Upon approval by the 
        board of a local government's subsystem plan and evidence of a 
        signed contract with a vendor for construction of a subsystem 
        consistent with the board's system plan, the board shall apply 
        to the FCC to transfer to the local government the licenses for 
        the public safety frequencies assigned by the plan for use in 
        the network infrastructure owned by the local government.  The 
        radio board, the commissioner of the Minnesota Department of 
        Transportation, and local subsystem owners shall jointly 
        colicense all subscriber equipment for the system backbone 
        system. 
           Sec. 14.  Minnesota Statutes 2003 Supplement, section 
        403.27, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION.] (a) After consulting with 
        the commissioner of finance, the council, if requested by a vote 
        of at least two-thirds of all of the members of the Public 
        Safety Radio Communication System Planning Committee established 
        under section 403.36 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 communication 
        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; 
           (3) provide money for the second phase of the public safety 
        radio communication system; 
           (4) provide money for the third phase of the public safety 
        radio communication system; 
           (5) to the extent money is available after meeting the 
        needs described in clauses (1) to (3), provide money to 
        reimburse local units of government for amounts expended for 
        capital improvements to the first phase system previously paid 
        for by the local government units; or 
           (6) (5) refund bonds issued under this section. 
           (b) After consulting with the commissioner of finance, the 
        council, if requested by a vote of at least two-thirds of all of 
        the members of the Statewide Radio Board may, by resolution, 
        authorize the issuance of its revenue bonds to provide money for 
        the third phase of the public safety radio communication system. 
           Sec. 15.  Minnesota Statutes 2003 Supplement, section 
        403.35, is amended to read: 
           403.35 [REPORT TO LEGISLATURE CONTINUATION OF ENHANCEMENTS 
        TO REGIONAL SYSTEM.] 
           The Metropolitan Radio Board shall report to the 
        legislature no later than March 1, 2000, concerning the status 
        of the 800-MHz system.  The report shall include:  projected 
        cost of the system; identification of groups of taxpayers or 
        persons who pay fees who will pay for each part of the system; 
        the number of radios purchased by any government unit; and an 
        identification of manufacturers that have agreed to, or are 
        expected to respond to requests for proposals to, deliver radios 
        to the state or any government unit in connection with the 
        800-MHz project.  Upon the transition of the Metropolitan Radio 
        Board to a regional radio board under section 403.39, the 
        Metropolitan Radio Board may continue the planning, 
        implementation, operation, and maintenance of the second phase 
        and of local and regional enhancements to the system backbone.  
        The Metropolitan Radio Board may retain property, interests, 
        obligations, and rules that relate exclusively to the planning, 
        implementation, operation, and maintenance of the second phase 
        and to local and regional enhancements to the system backbone.  
        Where the property, interests, and obligations of the 
        Metropolitan Radio Board are combined with elements of the 
        system backbone, the commissioner of public safety, the 
        Statewide Radio Board, and the Metropolitan Radio Board shall 
        formulate and submit to the legislature by February 1, 2005, a 
        plan, consistent with the public safety radio system 
        communication plan, specifying the terms and conditions under 
        which the combined property, interests, or obligations will be 
        jointly maintained.  
           Sec. 16.  Minnesota Statutes 2003 Supplement, section 
        403.36, is amended to read: 
           403.36 [PUBLIC SAFETY STATEWIDE RADIO SYSTEM PLANNING 
        COMMITTEE BOARD.] 
           Subdivision 1.  [PLANNING COMMITTEE MEMBERSHIP.] (a) The 
        commissioner of public safety shall convene and chair a planning 
        committee the Statewide Radio Board to develop a project plan 
        for a statewide, shared, trunked public safety radio 
        communication system.  The system may be referred to as "Allied 
        Radio Matrix for Emergency Response," or "ARMER." 
           (b) The planning committee board consists of the following 
        members or their designees: 
           (1) the commissioner of public safety; 
           (2) the commissioner of transportation; 
           (3) the commissioner of administration; 
           (4) the commissioner of natural resources; 
           (5) the chief of the Minnesota State Patrol; 
           (6) the commissioner of health; 
           (7) the commissioner of finance; 
           (8) two elected city officials, one from the nine-county 
        metropolitan area and one from Greater Minnesota, appointed by 
        the governing body of the League of Minnesota Cities; 
           (9) two elected county officials, one from the nine-county 
        metropolitan area and one from Greater Minnesota, appointed by 
        the governing body of the Association of Minnesota Counties; 
           (10) two sheriffs, one from the nine-county metropolitan 
        area and one from Greater Minnesota, appointed by the governing 
        body of the Minnesota Sheriffs' Association; 
           (11) two chiefs of police, one from the nine-county 
        metropolitan area and one from Greater Minnesota, appointed by 
        the governor after considering recommendations made by the 
        Minnesota Chiefs' of Police Association; 
           (12) two fire chiefs, one from the nine-county metropolitan 
        area and one from Greater Minnesota, appointed by the governor 
        after considering recommendations made by the Minnesota Fire 
        Chiefs' Association; 
           (13) two representatives of emergency medical service 
        providers, one from the nine-county metropolitan area and one 
        from Greater Minnesota, appointed by the governor after 
        considering recommendations made by the Minnesota Ambulance 
        Association; 
           (14) the chair of the Metropolitan Radio Board; and 
           (6) the president of the Minnesota Sheriffs' Association; 
           (7) a representative of the League of Minnesota Cities from 
        the metropolitan area; 
           (8) a representative of the League of Minnesota Cities from 
        Greater Minnesota; and 
           (9) a representative of the Association of Minnesota 
        Counties from Greater Minnesota 
           (15) a representative of Greater Minnesota elected by those 
        units of government in phase three and any subsequent phase of 
        development as defined in the statewide, shared radio and 
        communication plan, who have submitted a plan to the Statewide 
        Radio Board and where development has been initiated. 
           Additionally, the commissioner of finance or a designee 
        shall serve on the committee as a nonvoting member.  The 
        Statewide Radio Board shall coordinate the appointment of board 
        members representing Greater Minnesota with the appointing 
        authorities and may designate the geographic region or regions 
        from which an appointed board member is selected where necessary 
        to provide representation from throughout the state.  
           Subd. 1a.  [TERMS.] Board members have no set term and 
        remain on the board until a successor is appointed as provided 
        in subdivision 1.  However, with respect to those board members 
        who, under subdivision 1, must be elected officials, a successor 
        must be appointed as provided in subdivision 1 no later than the 
        date that the 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. 1b.  [COMPENSATION; REMOVAL; 
        VACANCIES.] Compensation, removal, and filling of vacancies of 
        board members are governed by section 15.0575, except that 
        appointments to the board are not subject to the open 
        appointments process of sections 15.0597 to 15.0599.  
           Subd. 1c.  [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, must be favored by a majority of 
        the voting power of the board in order to carry.  
           Subd. 1d.  [CALLING A MEETING.] The board shall convene 
        upon the call of the chair or any six members of the board.  
           (c) Subd. 1e.  [IMPLEMENT PLAN AND ESTABLISH STATEWIDE 
        SYSTEM.] The planning committee must implement the Statewide 
        Radio Board has overall responsibility for the statewide, shared 
        radio and communication system project plan and establish the 
        statewide, shared trunked radio and communications system.  The 
        commissioner of public safety is designated as the chair of the 
        planning committee shall implement the plan adopted by the 
        Statewide Radio Board.  The commissioner of public safety and 
        the planning committee have overall responsibility for the 
        successful completion of statewide communications infrastructure 
        system integration shall contract with the commissioner of 
        transportation to construct, own, operate, maintain, and enhance 
        the elements of the backbone system defined in the plan.  The 
        commissioner of transportation, 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 system backbone.  
        The Department of Transportation shall own, operate, and 
        maintain those elements identified in the project plan as the 
        system backbone, including, but not limited to, radio towers and 
        associated structures and equipment related to the system 
        backbone.  
           (d) Subd. 1f.  [ADVISORY GROUPS.] (a) The planning 
        committee must Statewide Radio Board shall establish one or more 
        advisory groups for the purpose of advising on the plan, design, 
        implementation, and administration of the statewide, shared 
        trunked radio and communications communication system.  
           (b) At least one such group must consist of the following 
        members: 
           (1) the chair of the Metropolitan Radio Board and the chair 
        of each regional radio board or, if no regional radio board has 
        been formed, a representative of each region of development as 
        defined in the statewide, shared, trunked radio and 
        communication plan, once planning and development have been 
        initiated for the region, or a designee; 
           (2) the chief of the Minnesota State Patrol or a designee; 
           (3) a representative of the Minnesota State Sheriffs' 
        Association; 
           (4) a representative of the Minnesota Chiefs of Police 
        Association; and 
           (5) a representative of the Minnesota Fire Chiefs' 
        Association; and 
           (6) a representative of the Emergency Medical Services 
        Board. 
           Subd. 2.  [PLAN CONTENTS.] (a) The statewide, shared radio 
        and communications communication system project plan must 
        include: 
           (1) standards, guidelines, and comprehensive design for the 
        system, including use and integration of existing public and 
        private communications infrastructure; 
           (2) proposed project implementation schedule, phases, and 
        estimated costs for each phase of the plan; 
           (3) recommended statutory changes required for effective 
        implementation and administration of the statewide, shared 
        trunked radio and communications communication system; and 
           (4) establishment of a permanent governance structure to 
        manage, administer, and operate the statewide, shared trunked 
        radio system as it becomes operational; and 
           (5) a policy for the lease of excess space or capacity on 
        systems constructed under the project plan, consistent with 
        section 174.70, subdivision 2, with priority given first to 
        local units of government for public safety 
        communications communication transmission needs and second to 
        any other communications transmission needs of either the public 
        or private sector. 
           (b) The planning committee Statewide Radio Board must 
        ensure that generally accepted project management techniques are 
        utilized for each project or phase of the backbone of the 
        statewide, shared radio and communications communication system 
        consistent with guidelines of the Project Management Office of 
        the Office of Technology: 
           (1) clear sponsorship; 
           (2) scope management; 
           (3) project planning, control, and execution; 
           (4) continuous risk assessment and mitigation; 
           (5) cost management; 
           (6) quality management reviews; 
           (7) communications management; and 
           (8) proven methodology. 
           Subd. 3.  [LOCAL FINANCING.] A local unit of government 
        that receives state funds for integration with the statewide, 
        shared, trunked radio and communications communication system 
        must agree to participate in the system have a plan approved by 
        the Statewide Radio Board and must comply with the standards and 
        guidelines contained in the project plan.  The planning 
        committee Statewide Radio Board must review and approve all 
        local and regional planning initiatives, including bonds issued 
        under section 373.47, for connectivity to the system to assure 
        compatibility, interoperability and integration support with the 
        system and plan standards.  As part of the review, and prior to 
        approving the issuance of bonds under section 373.47, the 
        planning committee Statewide Radio Board must require, and a 
        county or local unit of government must provide, a detailed plan 
        including a budget and detailed cost estimates.  
           Subd. 4.  [REPORTING.] By November 15, 2002 In conjunction 
        with each biennial budget process, the planning 
        committee Statewide Radio Board must submit a status report to 
        the governor and to the chairs and ranking minority members of 
        the house and senate committees with jurisdiction over capital 
        investment and criminal justice funding and policy along with 
        any proposed statutory changes and funding options to allow for 
        consideration in the 2004-2005 biennial budget process.  By 
        January 15, 2003, the planning committee must submit the project 
        plan to the governor and to the above named legislators and must 
        immediately thereafter commence execution of the plan.  The 
        report must include a substantive assessment and evaluation of 
        each significant part of the implementation of the statewide 
        public safety radio plan with (1) to the extent possible, an 
        update on risks and mitigation strategies; and (2) quantitative 
        information on the status, progress, costs, benefits, and 
        effects or those efforts.  
           Sec. 17.  [403.37] [POWERS OF STATEWIDE RADIO BOARD.] 
           Subdivision 1.  [GENERAL.] In addition to any other powers 
        specifically provided by law, the Statewide Radio Board has the 
        powers given in this section.  
           Subd. 2.  [PLANNING.] The board shall coordinate the 
        statewide, shared radio and communication system project plan 
        with local and regional plans and modify the plan as necessary 
        to facilitate the implementation of the backbone of the 
        statewide, shared radio and communication system.  
           Subd. 3.  [SYSTEM ARCHITECTURE.] The board shall define the 
        backbone of the system, the timing and regions of system 
        backbone development, the geographic scope of each region, and 
        the standards for system backbone performance necessary to 
        assure systemwide development that maximizes interoperability 
        throughout the system.  
           Subd. 4.  [IMPLEMENTATION.] The board shall oversee the 
        implementation of the plan and ensure that the system is built, 
        owned, operated, and maintained in accordance with the plan.  
           Subd. 5.  [ASSIGNMENT OF FREQUENCIES.] The board shall 
        oversee the assignment of frequencies to local users and to 
        subsystems.  
           Subd. 6.  [COST APPORTIONMENT.] The board shall determine 
        how capital and operating costs of the system backbone are 
        apportioned to users, including the cost of additional 
        participants.  
           Subd. 7.  [EXCESS CAPACITY ALLOCATION.] The board shall 
        determine how excess capacity provided in the system backbone 
        design will be allocated.  
           Subd. 8.  [SYSTEM ENHANCEMENTS.] The board shall coordinate 
        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 expense.  
           Subd. 9.  [TECHNICAL STANDARDS.] The board shall establish 
        and enforce performance and technical standards for the 
        operation of the system backbone.  
           Subd. 10.  [PROTOCOLS.] The board shall establish and 
        enforce priorities or protocols for the system that facilitate 
        statewide uniformity.  
           Subd. 11.  [INTEGRATION.] The board shall coordinate the 
        integration of the statewide, shared radio and communication 
        system among regions, adjoining states, federal entities, and to 
        the extent permitted by law, with Canadian public safety 
        entities.  
           Subd. 12.  [ALLOCATION OF MONEY.] The board shall allocate 
        money available to the Statewide Radio Board among regional 
        radio boards or to local entities within a region to encourage 
        local and regional participation in the system.  This does not 
        limit the authority of regional radio boards and local entities 
        to individually or collectively seek funding of local and 
        regional enhancements and subsystems to the system backbone.  
           Sec. 18.  [403.38] [STATEWIDE INTEGRATION.] 
           Notwithstanding any provision to the contrary in sections 
        403.21 to 403.40, the Statewide Radio Board has the final 
        authority over technical and operational standards necessary to 
        provide for the development and implementation of a statewide 
        backbone that maximizes the integration of the public safety 
        radio communication system throughout the state, including the 
        backbone previously established by the Metropolitan Radio 
        Board.  Technical and operational standards that do not 
        interfere with the integration of the system may be established 
        locally or regionally.  
           Sec. 19.  [403.39] [REGIONAL RADIO BOARDS.] 
           Subdivision 1.  [ESTABLISHMENT.] Notwithstanding the 
        provisions of section 471.59, subdivision 1, requiring 
        commonality of powers, two or more counties or a city and one or 
        more counties within a region defined in the Statewide Radio 
        Board's project plan under section 403.36, through action of 
        their governing bodies, by adoption of a joint powers agreement 
        that complies with section 471.59, subdivisions 1 to 5, may 
        establish a regional radio board to implement, maintain, and 
        operate regional and local improvements to the statewide, 
        shared, trunked radio and communication system provided for in 
        section 403.36.  Membership in a regional radio board shall 
        include one county commissioner appointed by each respective 
        county board party to the joint powers agreement and an elected 
        official from any city party to the joint powers agreement, and 
        may include additional members whose qualifications are 
        specified in the joint powers agreement.  
           Subd. 2.  [POWERS.] In addition to the powers enumerated in 
        section 471.59, a regional radio board, as necessary and 
        convenient to implement regional and local improvements to the 
        statewide, shared, trunked radio and communication system 
        provided for in section 403.36, has the following powers:  
           (1) to establish bylaws and other organizational procedures 
        consistent with the terms of the joint powers agreement; 
           (2) to apply for and hold licenses for public safety 
        frequencies to be used in regional and local improvements, 
        including a regional data system; 
           (3) to set or adopt regional performance and technical 
        standards, subject to review by the Statewide Radio Board, that 
        do not interfere with the backbone or interoperability 
        infrastructure administered by the Statewide Radio Board; 
           (4) to enter into contracts necessary to carry out its 
        responsibilities; 
           (5) to acquire by purchase, lease, gift, or grant, 
        property, both real and personal, and interests in property 
        necessary for the accomplishment of its purposes and to sell or 
        otherwise dispose of property it no longer requires; and 
           (6) to contract with the state of Minnesota, through the 
        commissioner of transportation, for construction, ownership, 
        operation, and maintenance of regional or local improvements to 
        the statewide, shared, trunked radio and communication system.  
           Subd. 3.  [RELATIONSHIP TO LOCAL GOVERNMENTS.] Where a 
        regional radio board has been established in accordance with 
        this section, local governments and other public entities 
        eligible under part 90 of the FCC rules to operate upon a 
        statewide, shared public safety radio and communication system 
        within the region covered by the regional radio board must 
        coordinate its implementation through one of the parties to the 
        joint powers agreement.  For purposes of grants made available 
        by the Department of Public Safety, a regional radio board is 
        entitled to apply for and receive a grant on behalf of one or 
        more counties who are a party to the joint powers agreement.  
           Sec. 20.  [403.40] [ADVISORY COMMITTEES.] 
           Subdivision 1.  [REGIONAL ADVISORY COMMITTEES.] The 
        Statewide Radio Board shall facilitate the formation of a 
        regional advisory committee in each region of development.  A 
        regional advisory committee may create a regional radio board 
        under section 403.39 and conduct its affairs in accordance with 
        the joint powers agreement.  During the initial phase of 
        development within a region, the Statewide Radio Board shall act 
        cooperatively with the regional advisory committee or the 
        regional radio board to complete development of the basic 
        communication infrastructure and interoperability infrastructure.
        Upon the completion of the initial phase of development within a 
        region, the Statewide Radio Board shall cooperate with and 
        assist the regional advisory committee or the regional radio 
        board in implementing its regional plan and with subsequent 
        development within the region.  
           Subd. 2.  [TOPICAL ADVISORY COMMITTEES.] The Statewide 
        Radio Board may establish the following additional advisory 
        committees with representatives from each region of 
        implementation to advise on the following topical areas:  
           (1) a committee of users representing all regions where the 
        system backbone has been implemented to make recommendations on 
        how capital and operating costs of the system should be 
        apportioned among users, including the cost of additional 
        participants; 
           (2) a systems manager committee to make recommendations on 
        performance and operational standards for the system to the 
        extent that performance and operational standards impact the 
        operation of the system backbone and interoperability 
        infrastructure; and 
           (3) an operations and technical committee to make 
        recommendations on the plan and operational issues related to 
        the technical aspects of the system backbone and 
        interoperability infrastructure.  
           Sec. 21.  [REPORT.] 
           By February 1, 2005, the Metropolitan Radio Board shall 
        make a detailed report to the governor and to the legislature on 
        the following items:  
           (1) allocation of operating costs, as provided for in 
        Minnesota Statutes, section 403.31, subdivision 1; 
           (2) cost apportionment, as provided for in Minnesota 
        Statutes, section 403.23, subdivision 8, including the costs of 
        additional participants; and 
           (3) user fees, as provided for in Minnesota Statutes, 
        section 403.23, subdivision 19.  
           The report shall provide a detailed accounting of system 
        infrastructure costs, operating costs, and maintenance costs to 
        be apportioned among the backbone, regional improvements to the 
        backbone, and subsystems, with a discussion of alternative 
        methods of apportioning those costs among users and new 
        participants.  The report shall outline the current status of 
        the allocation of operating costs, cost apportionment, and user 
        fees and how the board anticipates to deal with those items 
        before July 1, 2006, and how those items will be addressed once 
        local enhancements are substantially completed.  
           Sec. 22.  [TRANSFER OF RESPONSIBILITIES.] 
           On July 1, 2006, the responsibilities of the Metropolitan 
        Radio Board under Minnesota Statutes, sections 403.21 to 403.34, 
        that have not been assumed by the Metropolitan Radio Board as a 
        regional radio board established under Minnesota Statutes, 
        section 403.39, are transferred to the Statewide Radio Board 
        under Minnesota Statutes, section 15.039.  
           Sec. 23.  [REPEALER.] 
           Laws 1995, chapter 195, article 1, section 18, as amended 
        by Laws 1999, chapter 238, article 2, section 78, and Laws 2001, 
        chapter 176, section 1, is repealed. 
           Sec. 24.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 13, 2004 
           Signed by the governor May 17, 2004, 5:24 p.m.