1.1                          A bill for an act 
  1.2             relating to public safety; increasing the 911 
  1.3             emergency telephone service fee to eliminate a deficit 
  1.4             and to help defray the cost of operating public safety 
  1.5             answering points; expanding the jurisdiction and 
  1.6             membership of the Metropolitan Radio Board; 
  1.7             authorizing the sale of revenue bonds by the 
  1.8             Metropolitan Council for phases 2 and 3 of the 800 MHz 
  1.9             public safety radio communication system; repealing 
  1.10            the sunset of the Metropolitan Radio Board; 
  1.11            appropriating money; amending Minnesota Statutes 2003 
  1.12            Supplement, sections 403.11, subdivision 1; 403.113, 
  1.13            subdivision 1; 403.21, subdivision 3; 403.22, 
  1.14            subdivisions 1, 2; 403.27, subdivisions 1, 3; 
  1.15            repealing Laws 1995, chapter 195, article 1, section 
  1.16            18, as amended. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.19  403.11, subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 
  1.21  (a) Each customer of a wireless or wire line telecommunications 
  1.22  service provider that furnishes service capable of originating a 
  1.23  911 emergency telephone call is assessed a fee to cover the 
  1.24  costs of ongoing maintenance and related improvements for 
  1.25  trunking and central office switching equipment for 911 
  1.26  emergency telecommunications service, plus administrative and 
  1.27  staffing costs of the commissioner related to managing the 911 
  1.28  emergency telecommunications service program.  Recurring charges 
  1.29  by a wire line telecommunications service provider for updating 
  1.30  the information required by section 403.07, subdivision 3, must 
  1.31  be paid by the commissioner if the wire line telecommunications 
  2.1   service provider is included in an approved 911 plan and the 
  2.2   charges are made pursuant to tariff, price list, or contract.  
  2.3   The fee assessed under this section must also be used for the 
  2.4   purpose of offsetting the costs, including administrative and 
  2.5   staffing costs, incurred by the State Patrol Division of the 
  2.6   Department of Public Safety in handling 911 emergency calls made 
  2.7   from wireless phones.  
  2.8      (b) Money remaining in the 911 emergency telecommunications 
  2.9   service account after all other obligations are paid must not 
  2.10  cancel and is carried forward to subsequent years and may be 
  2.11  appropriated from time to time to the commissioner to provide 
  2.12  financial assistance to counties for the improvement of local 
  2.13  emergency telecommunications services.  The improvements may 
  2.14  include providing access to 911 service for telecommunications 
  2.15  service subscribers currently without access and upgrading 
  2.16  existing 911 service to include automatic number identification, 
  2.17  local location identification, automatic location 
  2.18  identification, and other improvements specified in revised 
  2.19  county 911 plans approved by the commissioner. 
  2.20     (c) The fee may not be less than eight cents nor more than 
  2.21  ~~40~~ 60 cents a month for each customer access line or other basic 
  2.22  access service, including trunk equivalents as designated by the 
  2.23  Public Utilities Commission for access charge purposes and 
  2.24  including wireless telecommunications services.  With the 
  2.25  approval of the commissioner of finance, the commissioner of 
  2.26  public safety shall establish the amount of the fee within the 
  2.27  limits specified and inform the companies and carriers of the 
  2.28  amount to be collected.  When the revenue bonds authorized under 
  2.29  section 403.27, subdivision 1, have been fully paid or defeased, 
  2.30  the commissioner shall reduce the fee to reflect that debt 
  2.31  service on the bonds is no longer needed.  The commissioner 
  2.32  shall provide companies and carriers a minimum of 45 days' 
  2.33  notice of each fee change.  The fee must be the same for all 
  2.34  customers.  
  2.35     (d) The fee must be collected by each wireless or wire line 
  2.36  telecommunications service provider subject to the fee.  Fees 
  3.1   are payable to and must be submitted to the commissioner monthly 
  3.2   before the 25th of each month following the month of collection, 
  3.3   except that fees may be submitted quarterly if less than $250 a 
  3.4   month is due, or annually if less than $25 a month is due.  
  3.5   Receipts must be deposited in the state treasury and credited to 
  3.6   a 911 emergency telecommunications service account in the 
  3.7   special revenue fund.  The money in the account may only be used 
  3.8   for 911 telecommunications services. 
  3.9      (e) This subdivision does not apply to customers of 
  3.10  interexchange carriers. 
  3.11     (f) The installation and recurring charges for integrating 
  3.12  wireless 911 calls into enhanced 911 systems must be paid by the 
  3.13  commissioner if the 911 service provider is included in the 
  3.14  statewide design plan and the charges are made pursuant to 
  3.15  tariff, price list, or contract. 
  3.16     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.17  403.113, subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [FEE.] (a) Each customer receiving service 
  3.19  from a wireless or wire line telecommunications service provider 
  3.20  is assessed a fee to fund implementation, operation, 
  3.21  maintenance, enhancement, and expansion of enhanced 911 service, 
  3.22  including acquisition of necessary equipment and the costs of 
  3.23  the commissioner to administer the program.  The actual fee 
  3.24  assessed under section 403.11 and the enhanced 911 service fee 
  3.25  must be collected as one amount and may not exceed the amount 
  3.26  specified in section 403.11, subdivision 1, paragraph (c). 
  3.27     (b) The enhanced 911 service fee must be collected and 
  3.28  deposited in the same manner as the fee in section 403.11 and 
  3.29  used solely for the purposes of paragraph (a) and subdivision 3. 
  3.30     (c) The commissioner, in consultation with counties and 911 
  3.31  system users, shall determine the amount of the enhanced 911 
  3.32  service fee.  The fee must include at least ~~ten~~ 20 cents per 
  3.33  month to be distributed under subdivision 2.  The commissioner 
  3.34  shall inform wireless and wire line telecommunications service 
  3.35  providers that provide service capable of originating a 911 
  3.36  emergency telephone call of the total amount of the 911 service 
  4.1   fees in the same manner as provided in section 403.11. 
  4.2      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  4.3   403.21, subdivision 3, is amended to read: 
  4.4      Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
  4.5   the regionwide public safety radio communications system" means 
  4.6   the initial backbone which serves the following nine-county 
  4.7   metropolitan area:  Anoka, Carver, Chisago, Dakota, Hennepin, 
  4.8   Isanti, Ramsey, Scott, and Washington Counties. 
  4.9      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  4.10  403.22, subdivision 1, is amended to read: 
  4.11     Subdivision 1.  [GENERAL.] The Metropolitan Radio Board is 
  4.12  established as a political subdivision with jurisdiction in the 
  4.13  counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, 
  4.14  Ramsey, Scott, and Washington.  The board shall be organized, 
  4.15  structured, and administered as provided in this section.  Until 
  4.16  funds to administer the board become available under section 
  4.17  403.23, subdivision 19, the Metropolitan Council shall provide 
  4.18  office space and administrative support to the board at no cost. 
  4.19     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.20  403.22, subdivision 2, is amended to read: 
  4.21     Subd. 2.  [MEMBERSHIP.] The board consists of ~~17~~ 19 
  4.22  members.  ~~Fifteen~~ Seventeen members shall be local officials and 
  4.23  shall include:  
  4.24     (1) one county commissioner appointed by each respective 
  4.25  county board from each of the ~~seven metropolitan~~ counties in the 
  4.26  board's jurisdiction; 
  4.27     (2) an elected official from each of the cities of 
  4.28  Minneapolis, St. Paul, and Bloomington appointed by each 
  4.29  respective city governing body; 
  4.30     (3) two elected officials from other metropolitan cities 
  4.31  appointed by the governor, who shall consider recommendations 
  4.32  made by the Association of Metropolitan Municipalities when 
  4.33  making these appointments; 
  4.34     (4) an elected official from a county or a city within a 
  4.35  county in Minnesota that is contiguous to the metropolitan area 
  4.36  appointed by the governor, who shall consider recommendations 
  5.1   made by the League of Minnesota Cities when making this 
  5.2   appointment; 
  5.3      (5) a sheriff appointed by the governor, who shall consider 
  5.4   recommendations made by the Metropolitan Sheriffs Association 
  5.5   when making this appointment; and 
  5.6      (6) a police chief appointed by the governor, who shall 
  5.7   consider recommendations made by the Minnesota Police Chiefs 
  5.8   Association when making this appointment.  
  5.9   The ~~16th~~ 18th member shall be a member of the Metropolitan 
  5.10  Council appointed by the council.  The ~~17th~~ 19th member shall be 
  5.11  the director of electronic communications of the Minnesota 
  5.12  Department of Transportation.  As provided in section 403.23, 
  5.13  subdivision 20, the chair of the Technical Operations Committee 
  5.14  serves as an ex officio member of the board. 
  5.15     ~~The members shall be appointed within 30 days of the~~ 
  5.16  ~~effective date of Laws 1995, chapter 195.  Upon the effective~~ 
  5.17  ~~date of Laws 1995, chapter 195, the Metropolitan Council shall~~ 
  5.18  ~~inform the entities listed in this subdivision of the~~ 
  5.19  ~~appointments required by this subdivision and shall provide~~ 
  5.20  ~~whatever assistance is necessary to facilitate the appointment~~ 
  5.21  ~~process and establish the radio board.~~  
  5.22     Board members have no set term and remain on the board 
  5.23  until a successor is appointed as provided by this subdivision.  
  5.24  However, with respect to those board members who, under this 
  5.25  subdivision, must be elected officials, a successor must be 
  5.26  appointed as provided by this subdivision no later than the date 
  5.27  that a member is no longer an elected official, unless the 
  5.28  member dies while in office, in which case a successor must be 
  5.29  named as soon as practicable. 
  5.30     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  5.31  403.27, subdivision 1, is amended to read: 
  5.32     Subdivision 1.  [AUTHORIZATION.] (a) After consulting with 
  5.33  the commissioner of finance, the council, if requested by a vote 
  5.34  of at least two-thirds of all of the members of the ~~Public~~ 
  5.35  ~~Safety Radio Communication System Planning Committee established~~ 
  5.36  ~~under section 403.36~~ Metropolitan Radio Board, may, by 
  6.1   resolution, authorize the issuance of its revenue bonds for any 
  6.2   of the following purposes to: 
  6.3      (1) provide funds for regionwide mutual aid and emergency 
  6.4   medical services communications; 
  6.5      (2) provide funds for the elements of the first phase of 
  6.6   the regionwide public safety radio communications system that 
  6.7   the board determines are of regionwide benefit and support 
  6.8   mutual aid and emergency medical services communication 
  6.9   including, but not limited to, costs of master controllers of 
  6.10  the backbone; 
  6.11     (3) provide money for the second phase of the public safety 
  6.12  radio communication system; 
  6.13     (4) ~~provide money for the third phase of the public safety~~ 
  6.14  ~~radio communication system;~~ 
  6.15     ~~(5)~~ to the extent money is available after meeting the 
  6.16  needs described in clauses (1) to (3), provide money to 
  6.17  reimburse local units of government for amounts expended for 
  6.18  capital improvements to the first phase system previously paid 
  6.19  for by the local government units; or 
  6.20     ~~(6)~~ (5) refund bonds issued under this section. 
  6.21     (b) After consulting with the commissioner of finance, the 
  6.22  council, if requested by a vote of at least two-thirds of all of 
  6.23  the members of the Public Safety Radio Communication System 
  6.24  Planning Committee established under section 403.36, may, by 
  6.25  resolution, authorize the issuance of its revenue bonds to 
  6.26  provide money for the third phase of the Public Safety Radio 
  6.27  Communication System. 
  6.28     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  6.29  403.27, subdivision 3, is amended to read: 
  6.30     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
  6.31  bonds issued pursuant to subdivision 1, exclusive of any 
  6.32  original issue discount, shall not exceed the amount of 
  6.33  $10,000,000 plus the amount the council determines necessary to 
  6.34  pay the costs of issuance, fund reserves, debt service, and pay 
  6.35  for any bond insurance or other credit enhancement. 
  6.36     (b) In addition to the amount authorized under paragraph 
  7.1   (a), the council may issue bonds under subdivision 1 in a 
  7.2   principal amount of $3,306,300, plus the amount the council 
  7.3   determines necessary to pay the cost of issuance, fund reserves, 
  7.4   debt service, and any bond insurance or other credit 
  7.5   enhancement.  The proceeds of bonds issued under this paragraph 
  7.6   may not be used to finance portable or subscriber radio sets. 
  7.7      (c) In addition to the amount authorized under paragraphs 
  7.8   (a) and (b), the council may issue bonds under subdivision 1 in 
  7.9   a principal amount of ~~$18,000,000~~ $20,000,000, plus the amount 
  7.10  the council determines necessary to pay the costs of issuance, 
  7.11  fund reserves, debt service, and any bond insurance or other 
  7.12  credit enhancement.  The proceeds of bonds issued under this 
  7.13  paragraph must be used to pay up to 50 percent of the cost to a 
  7.14  local government unit of building a subsystem and may not be 
  7.15  used to finance portable or subscriber radio sets.  The bond 
  7.16  proceeds may be used to make improvements to an existing 800 MHz 
  7.17  radio system that will interoperate with the regionwide public 
  7.18  safety radio communication system, provided that the 
  7.19  improvements conform to the board's plan and technical 
  7.20  standards.  The council must time the sale and issuance of the 
  7.21  bonds so that the debt service on the bonds can be covered by 
  7.22  the additional revenue that will become available in the fiscal 
  7.23  year ending June 30, 2005, generated under section 403.11 and 
  7.24  appropriated under section 403.30.  
  7.25     (d) In addition to the amount authorized under paragraphs 
  7.26  (a) to (c), the council may issue bonds under subdivision 1 in a 
  7.27  principal amount of up to ~~$27,000,000~~ $40,000,000, plus the 
  7.28  amount the council determines necessary to pay the costs of 
  7.29  issuance, fund reserves, debt service, and any bond insurance or 
  7.30  other credit enhancement.  The proceeds of bonds issued under 
  7.31  this paragraph are appropriated to the commissioner of public 
  7.32  safety for phase three of the public safety radio communication 
  7.33  system.  In anticipation of the receipt by the commissioner of 
  7.34  public safety of the bond proceeds, the Metropolitan Radio Board 
  7.35  may advance money from its operating appropriation to the 
  7.36  commissioner of public safety to pay for design and preliminary 
  8.1   engineering for phase three.  The commissioner of public safety 
  8.2   must return these amounts to the Metropolitan Radio Board when 
  8.3   the bond proceeds are received. 
  8.4      Sec. 8.  [APPROPRIATION.] 
  8.5      The sums set forth in this section are appropriated from 
  8.6   the 911 emergency telecommunications service account in the 
  8.7   special revenue fund to the commissioner of public safety for 
  8.8   the purposes indicated in this section, to be available for the 
  8.9   fiscal year ending June 30 in the years indicated. 
  8.10                                                           2005
  8.11                                                     $
  8.12  (a) Public Safety
  8.13  Answering Points                                      6,509,000
  8.14  To be distributed as provided in 
  8.15  Minnesota Statutes, section 403.113, 
  8.16  subdivision 2. 
  8.17  This appropriation may only be used for 
  8.18  public safety answering points that 
  8.19  have implemented phase 2 wireless 
  8.20  enhanced 911 service or whose 
  8.21  governmental agency has made a binding 
  8.22  commitment to the commissioner of 
  8.23  public safety to implement phase 2 
  8.24  wireless enhanced 911 service by 
  8.25  January 1, 2008.  
  8.26  (b) Medical Resource
  8.27  Communication Centers                                   651,000
  8.28  For grants to the Minnesota Emergency 
  8.29  Medical Services Regulatory Board for 
  8.30  the Metro East and Metro West Medical 
  8.31  Resource Communication Centers. 
  8.32     Sec. 9.  [REPEALER.] 
  8.33     Laws 1995, chapter 195, article 1, section 18, as amended 
  8.34  by Laws 1999, chapter 238, article 2, section 78, and by Laws 
  8.35  2001, chapter 176, is repealed. 
  8.36     Sec. 10.  [EFFECTIVE DATE.] 
  8.37     This act is effective the day following final enactment.