Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes