1.1                          A bill for an act 
  1.2             relating to public safety; increasing the 911 
  1.3             emergency telephone service fee to cover the cost of 
  1.4             the third phase of the public safety radio 
  1.5             communication system; transferring responsibility for 
  1.6             the 911 emergency telephone system and public safety 
  1.7             radio system to the commissioner of public safety; 
  1.8             authorizing the sale of revenue bonds by the 
  1.9             metropolitan council; appropriating money; amending 
  1.10            Minnesota Statutes 2002, sections 403.02, subdivision 
  1.11            10; 403.06; 403.07, subdivisions 1, 2, 3; 403.09, 
  1.12            subdivision 1; 403.11; 403.113; 473.891, subdivision 
  1.13            10, by adding a subdivision; 473.898, subdivisions 1, 
  1.14            3; 473.901; 473.902, by adding a subdivision; 473.907, 
  1.15            subdivision 1.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 403.02, 
  1.18  subdivision 10, is amended to read: 
  1.19     Subd. 10.  [COMMISSIONER.] "Commissioner" means the 
  1.20  commissioner of ~~administration~~ public safety. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 403.06, is 
  1.22  amended to read: 
  1.23     403.06 [DEPARTMENT DUTIES.] 
  1.24     Subdivision 1.  [DUTIES.] (a) The ~~department of~~ 
  1.25  ~~administration~~ commissioner shall coordinate the maintenance of 
  1.26  911 systems.  The ~~department~~ commissioner shall aid counties in 
  1.27  the formulation of concepts, methods, and procedures which will 
  1.28  improve the operation and maintenance of 911 systems.  The 
  1.29  ~~department~~ commissioner shall establish procedures for 
  1.30  determining and evaluating requests for variations from the 
  2.1   established design standards.  The ~~department~~ commissioner shall 
  2.2   respond to requests by wireless or wire line telecommunications 
  2.3   service providers or by counties or other governmental agencies 
  2.4   for system agreements, contracts, and tariff language promptly 
  2.5   and no later than within 45 days of the request unless otherwise 
  2.6   mutually agreed to by the parties.  
  2.7      (b) The ~~department~~ commissioner shall prepare a biennial 
  2.8   budget for maintaining the 911 system.  The ~~department~~ 
  2.9   commissioner shall prepare an annual report to the legislature 
  2.10  detailing the expenditures for maintaining the 911 system, the 
  2.11  911 fees collected, the balance of the 911 fund, and the 
  2.12  911-related administrative expenses of the ~~department~~ 
  2.13  commissioner.  The ~~department~~ commissioner is authorized to 
  2.14  expend ~~funds~~ money that ~~have~~ has been appropriated to pay for 
  2.15  the maintenance, enhancements, and expansion of the 911 system. 
  2.16     Subd. 2.  [WAIVER.] Any county, other governmental agency, 
  2.17  wireless telecommunications service provider, or wire line 
  2.18  telecommunications service provider may petition the ~~department~~ 
  2.19  ~~of administration~~ commissioner for a waiver of all or portions 
  2.20  of the requirements.  A waiver may be granted upon a 
  2.21  demonstration by the petitioner that the requirement is 
  2.22  economically infeasible. 
  2.23     Sec. 3.  Minnesota Statutes 2002, section 403.07, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [RULES.] The ~~department of~~ 
  2.26  ~~administration~~ commissioner shall establish and adopt in 
  2.27  accordance with chapter 14, rules for the administration of this 
  2.28  chapter and for the development of 911 systems in the state 
  2.29  including: 
  2.30     (1) design standards for 911 systems incorporating the 
  2.31  standards adopted pursuant to subdivision 2 for the seven-county 
  2.32  metropolitan area; and 
  2.33     (2) a procedure for determining and evaluating requests for 
  2.34  variations from the established design standards. 
  2.35     Sec. 4.  Minnesota Statutes 2002, section 403.07, 
  2.36  subdivision 2, is amended to read: 
  3.1      Subd. 2.  [DESIGN STANDARDS.] The metropolitan 911 board 
  3.2   shall establish and adopt design standards for the metropolitan 
  3.3   area 911 system and transmit them to the ~~department of~~ 
  3.4   ~~administration~~ commissioner for incorporation into the rules 
  3.5   adopted pursuant to this section. 
  3.6      Sec. 5.  Minnesota Statutes 2002, section 403.07, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  [DATABASE.] In 911 systems that have been 
  3.9   approved by the ~~department of administration~~ commissioner for a 
  3.10  local location identification database, each wire line 
  3.11  telecommunications service provider shall provide current 
  3.12  customer names, service addresses, and telephone numbers to each 
  3.13  public safety answering point within the 911 system and shall 
  3.14  update the information according to a schedule prescribed by the 
  3.15  county 911 plan. Information provided under this subdivision 
  3.16  must be provided in accordance with the transactional record 
  3.17  disclosure requirements of the federal Electronic Communications 
  3.18  Privacy Act of 1986, United States Code, title 18, section 2703, 
  3.19  subsection (c), paragraph (1), subparagraph (B)(iv).  
  3.20     Sec. 6.  Minnesota Statutes 2002, section 403.09, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [DEPARTMENT AUTHORITY.] At the request of 
  3.23  the ~~department of administration~~ commissioner, the attorney 
  3.24  general may commence proceedings in the district court against 
  3.25  any person or public or private body to enforce the provisions 
  3.26  of this chapter. 
  3.27     Sec. 7.  Minnesota Statutes 2002, section 403.11, is 
  3.28  amended to read: 
  3.29     403.11 [911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.] 
  3.30     Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 
  3.31  (a) Each customer of a wireless or wire line telecommunications 
  3.32  service provider that furnishes service capable of originating a 
  3.33  911 emergency telephone call is assessed a fee to cover the 
  3.34  costs of ongoing maintenance and related improvements for 
  3.35  trunking and central office switching equipment for 911 
  3.36  emergency telecommunications service, plus administrative and 
  4.1   staffing costs of the ~~department of administration~~ commissioner 
  4.2   related to managing the 911 emergency telecommunications service 
  4.3   program.  Recurring charges by a wire line telecommunications 
  4.4   service provider for updating the information required by 
  4.5   section 403.07, subdivision 3, must be paid by the 
  4.6   commissioner ~~of administration~~ if the wire line 
  4.7   telecommunications service provider is included in an approved 
  4.8   911 plan and the charges are made pursuant to tariff, price 
  4.9   list, or contract.  ~~The commissioner of administration shall~~ 
  4.10  ~~transfer an amount equal to two cents a month from~~ The fee 
  4.11  assessed under this section ~~on wireless telecommunications~~ 
  4.12  ~~services to the commissioner of public safety~~ must also be used 
  4.13  for the purpose of offsetting the costs, including 
  4.14  administrative and staffing costs, incurred by the state patrol 
  4.15  division of the department of public safety in handling 911 
  4.16  emergency calls made from wireless phones.  
  4.17     (b) Money remaining in the 911 emergency telecommunications 
  4.18  service account after all other obligations are paid must not 
  4.19  cancel and is carried forward to subsequent years and may be 
  4.20  appropriated from time to time to the commissioner ~~of~~ 
  4.21  ~~administration~~ to provide financial assistance to counties for 
  4.22  the improvement of local emergency telecommunications services.  
  4.23  The improvements may include providing access to 911 service for 
  4.24  telecommunications service subscribers currently without access 
  4.25  and upgrading existing 911 service to include automatic number 
  4.26  identification, local location identification, automatic 
  4.27  location identification, and other improvements specified in 
  4.28  revised county 911 plans approved by the ~~department~~ commissioner.
  4.29     (c) The fee may not be less than eight cents nor more than 
  4.30  ~~33~~ 52 cents a month for each customer access line or other basic 
  4.31  access service, including trunk equivalents as designated by the 
  4.32  public utilities commission for access charge purposes and 
  4.33  including wireless telecommunications services.  With the 
  4.34  approval of the commissioner of finance, the commissioner of 
  4.35  ~~administration~~ public safety shall establish the amount of the 
  4.36  fee within the limits specified and inform the companies and 
  5.1   carriers of the amount to be collected.  The commissioner shall 
  5.2   provide companies and carriers a minimum of 45 days' notice of 
  5.3   each fee change.  ~~For fiscal year 2003, the commissioner of~~ 
  5.4   ~~administration shall provide a minimum of 35 days' notice of~~ 
  5.5   ~~each fee change.~~  The fee must be the same for all customers.  
  5.6      (d) The fee must be collected by each wireless or wire line 
  5.7   telecommunications service provider subject to the fee.  Fees 
  5.8   are payable to and must be submitted to the commissioner of 
  5.9   administration monthly before the 25th of each month following 
  5.10  the month of collection, except that fees may be submitted 
  5.11  quarterly if less than $250 a month is due, or annually if less 
  5.12  than $25 a month is due.  Receipts must be deposited in the 
  5.13  state treasury and credited to a 911 emergency 
  5.14  telecommunications service account in the special revenue fund.  
  5.15  The money in the account may only be used for 911 
  5.16  telecommunications services ~~as provided in paragraph (a)~~. 
  5.17     (e) This subdivision does not apply to customers of 
  5.18  interexchange carriers. 
  5.19     (f) The installation and recurring charges for integrating 
  5.20  wireless 911 calls into enhanced 911 systems must be paid by the 
  5.21  commissioner if the 911 service provider is included in the 
  5.22  statewide design plan and the charges are made pursuant to 
  5.23  tariff, price list, or contract. 
  5.24     Subd. 3.  [METHOD OF PAYMENT.] (a) Any wireless or wire 
  5.25  line telecommunications service provider incurring reimbursable 
  5.26  costs under subdivision 1 shall submit an invoice itemizing rate 
  5.27  elements by county or service area to the commissioner ~~of~~ 
  5.28  ~~administration~~ for 911 services furnished under tariff, price 
  5.29  list, or contract.  Any wireless or wire line telecommunications 
  5.30  service provider is eligible to receive payment for 911 services 
  5.31  rendered according to the terms and conditions specified in the 
  5.32  contract.  Competitive local exchange carriers holding 
  5.33  certificates of authority from the public utilities commission 
  5.34  are eligible to receive payment for recurring 911 services 
  5.35  provided after July 1, 2001.  The commissioner shall pay the 
  5.36  invoice within 30 days following receipt of the invoice unless 
  6.1   the commissioner notifies the service provider that the 
  6.2   commissioner disputes the invoice.  
  6.3      (b) The commissioner ~~of administration~~ shall estimate the 
  6.4   amount required to reimburse wireless and wire line 
  6.5   telecommunications service providers for the state's obligations 
  6.6   under subdivision 1 and the governor shall include the estimated 
  6.7   amount in the biennial budget request.  
  6.8      Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
  6.9   submitted to the commissioner ~~of administration~~ no later than 
  6.10  two years after commencing a new or additional eligible 911 
  6.11  service.  Any wireless or wire line telecommunications service 
  6.12  provider incurring reimbursable costs under this section at any 
  6.13  time before January 1, 2003, may certify those costs for payment 
  6.14  to the commissioner ~~of administration~~ according to this section 
  6.15  for a period of 90 days after January 1, 2003.  During this 
  6.16  period, the commissioner ~~of administration~~ shall reimburse any 
  6.17  wireless or wire line telecommunications service provider for 
  6.18  approved, certified costs without regard to any contrary 
  6.19  provision of this subdivision. 
  6.20     Subd. 3b.  [CERTIFICATION.] All wireless and wire line 
  6.21  telecommunications service providers shall submit a 
  6.22  self-certification form signed by an officer of the company to 
  6.23  the ~~department~~ commissioner with invoices for payment of an 
  6.24  initial or changed service described in the service provider's 
  6.25  911 contract.  The self-certification shall affirm that the 911 
  6.26  service contracted for is being provided and the costs invoiced 
  6.27  for the service are true and correct.  All certifications are 
  6.28  subject to verification and audit. 
  6.29     Subd. 3c.  [AUDIT.] If the commissioner ~~of administration~~ 
  6.30  determines that an audit is necessary to document the 
  6.31  certification described in subdivision 3b, the wireless or wire 
  6.32  line telecommunications service provider must contract with an 
  6.33  independent certified public accountant to conduct the audit.  
  6.34  The audit must be conducted according to generally accepted 
  6.35  accounting principles.  The wireless or wire line 
  6.36  telecommunications service provider is responsible for any costs 
  7.1   associated with the audit. 
  7.2      Subd. 4.  [LOCAL RECURRING COSTS.] Recurring costs of 
  7.3   telecommunications equipment and services at public safety 
  7.4   answering points must be borne by the local governmental agency 
  7.5   operating the public safety answering point or allocated 
  7.6   pursuant to section 403.10, subdivision 3.  Costs attributable 
  7.7   to local government electives for services not otherwise 
  7.8   addressed under section 403.11 or 403.113 must be borne by the 
  7.9   governmental agency requesting the elective service. 
  7.10     Subd. 5.  [TARIFF NOTIFICATION.] Wire line 
  7.11  telecommunications service providers or wireless 
  7.12  telecommunications service providers holding eligible 
  7.13  telecommunications carrier status shall give notice to the 
  7.14  ~~department of administration~~ commissioner and any other affected 
  7.15  governmental agency of tariff or price list changes related to 
  7.16  911 service at the same time that the filing is made with the 
  7.17  public utilities commission. 
  7.18     Sec. 8.  Minnesota Statutes 2002, section 403.113, is 
  7.19  amended to read: 
  7.20     403.113 [ENHANCED 911 SERVICE COSTS; FEE.] 
  7.21     Subdivision 1.  [FEE.] (a) Each customer receiving service 
  7.22  from a wireless or wire line telecommunications service provider 
  7.23  is assessed a fee to fund implementation, operation, 
  7.24  maintenance, enhancement, and expansion of enhanced 911 service, 
  7.25  including acquisition of necessary equipment and the costs of 
  7.26  the commissioner to administer the program.  The actual fee 
  7.27  assessed under section 403.11 and the enhanced 911 service fee 
  7.28  must be collected as one amount and may not exceed the amount 
  7.29  specified in section 403.11, subdivision 1, paragraph (c). 
  7.30     (b) The enhanced 911 service fee must be collected and 
  7.31  deposited in the same manner as the fee in section 403.11 and 
  7.32  used solely for the purposes of paragraph (a) and subdivision 3. 
  7.33     (c) The commissioner ~~of the department of administration~~, 
  7.34  in consultation with counties and 911 system users, shall 
  7.35  determine the amount of the enhanced 911 service fee and inform 
  7.36  wireless and wire line telecommunications service providers that 
  8.1   provide service capable of originating a 911 emergency telephone 
  8.2   call of the total amount of the 911 service fees in the same 
  8.3   manner as provided in section 403.11. 
  8.4      Subd. 2.  [DISTRIBUTION OF MONEY.] (a) After payment of the 
  8.5   costs of the ~~department of administration~~ commissioner to 
  8.6   administer the program, the commissioner shall distribute the 
  8.7   money collected under this section as follows: 
  8.8      (1) one-half of the amount equally to all qualified 
  8.9   counties, and after October 1, 1997, to all qualified counties, 
  8.10  existing ten public safety answering points operated by the 
  8.11  Minnesota state patrol, and each governmental entity operating 
  8.12  the individual public safety answering points serving the 
  8.13  metropolitan airports commission, the Red Lake Indian 
  8.14  Reservation, and the University of Minnesota police department; 
  8.15  and 
  8.16     (2) the remaining one-half to qualified counties and cities 
  8.17  with existing 911 systems based on each county's or city's 
  8.18  percentage of the total population of qualified counties and 
  8.19  cities.  The population of a qualified city with an existing 
  8.20  system must be deducted from its county's population when 
  8.21  calculating the county's share under this clause if the city 
  8.22  seeks direct distribution of its share. 
  8.23     (b) A county's share under subdivision 1 must be shared pro 
  8.24  rata between the county and existing city systems in the 
  8.25  county.  A county or city or other governmental entity as 
  8.26  described in paragraph (a), clause (1), shall deposit money 
  8.27  received under this subdivision in an interest-bearing fund or 
  8.28  account separate from the governmental entity's general fund and 
  8.29  may use money in the fund or account only for the purposes 
  8.30  specified in subdivision 3. 
  8.31     (c) A county or city or other governmental entity as 
  8.32  described in paragraph (a), clause (1), is not qualified to 
  8.33  share in the distribution of money for enhanced 911 service if 
  8.34  it has not implemented enhanced 911 service before December 31, 
  8.35  1998. 
  8.36     (d) For the purposes of this subdivision, "existing city 
  9.1   system" means a city 911 system that provides at least basic 911 
  9.2   service and that was implemented on or before April 1, 1993.  
  9.3      Subd. 3.  [LOCAL EXPENDITURES.] (a) Money distributed under 
  9.4   subdivision 2 for enhanced 911 service may be spent on enhanced 
  9.5   911 system costs for the purposes stated in subdivision 1, 
  9.6   paragraph (a).  In addition, money may be spent to lease, 
  9.7   purchase, lease-purchase, or maintain enhanced 911 equipment, 
  9.8   including telephone equipment; recording equipment; computer 
  9.9   hardware; computer software for database provisioning, 
  9.10  addressing, mapping, and any other software necessary for 
  9.11  automatic location identification or local location 
  9.12  identification; trunk lines; selective routing equipment; the 
  9.13  master street address guide; dispatcher public safety answering 
  9.14  point equipment proficiency and operational skills; pay for 
  9.15  long-distance charges incurred due to transferring 911 calls to 
  9.16  other jurisdictions; and the equipment necessary within the 
  9.17  public safety answering point for community alert systems and to 
  9.18  notify and communicate with the emergency services requested by 
  9.19  the 911 caller. 
  9.20     (b) Money distributed for enhanced 911 service may not be 
  9.21  spent on: 
  9.22     (1) purchasing or leasing of real estate or cosmetic 
  9.23  additions to or remodeling of communications centers; 
  9.24     (2) mobile communications vehicles, fire engines, 
  9.25  ambulances, law enforcement vehicles, or other emergency 
  9.26  vehicles; 
  9.27     (3) signs, posts, or other markers related to addressing or 
  9.28  any costs associated with the installation or maintenance of 
  9.29  signs, posts, or markers. 
  9.30     Subd. 4.  [AUDITS.] Each county and city or other 
  9.31  governmental entity as described in subdivision 2, paragraph 
  9.32  (a), clause (1), shall conduct an annual audit on the use of 
  9.33  funds distributed to it for enhanced 911 service.  A copy of 
  9.34  each audit report must be submitted to the commissioner ~~of~~ 
  9.35  ~~administration~~. 
  9.36     Sec. 9.  Minnesota Statutes 2002, section 473.891, 
 10.1   subdivision 10, is amended to read: 
 10.2      Subd. 10.  [SECOND PHASE.] "Second phase" means the 
 10.3   metropolitan radio board ~~building subsystems for~~ providing 
 10.4   assistance to local government units building subsystems in the 
 10.5   metropolitan area that did not build their own subsystems in the 
 10.6   first phase. 
 10.7      Sec. 10.  Minnesota Statutes 2002, section 473.891, is 
 10.8   amended by adding a subdivision to read: 
 10.9      Subd. 11.  [THIRD PHASE.] "Third phase" means an extension 
 10.10  of the backbone system to serve the southeast and central 
 10.11  districts of the state patrol. 
 10.12     Sec. 11.  Minnesota Statutes 2002, section 473.898, 
 10.13  subdivision 1, is amended to read: 
 10.14     Subdivision 1.  [AUTHORIZATION.] The council, if requested 
 10.15  by a vote of at least two-thirds of all of the members of the 
 10.16  metropolitan radio board may, by resolution, authorize the 
 10.17  issuance of its revenue bonds for any of the following purposes 
 10.18  to: 
 10.19     (1) provide funds for regionwide mutual aid and emergency 
 10.20  medical services communications; 
 10.21     (2) provide funds for the elements of the first phase of 
 10.22  the regionwide public safety radio communications system that 
 10.23  the board determines are of regionwide benefit and support 
 10.24  mutual aid and emergency medical services communication 
 10.25  including, but not limited to, costs of master controllers of 
 10.26  the backbone; 
 10.27     (3) provide money for the second phase of the public safety 
 10.28  radio communication system; ~~or~~ 
 10.29     (4) provide money for the third phase of the public safety 
 10.30  radio communication system; 
 10.31     (5) to the extent money is available after meeting the 
 10.32  needs described in clauses (1) to (3), to provide money to 
 10.33  reimburse local units of government for amounts expended for 
 10.34  capital improvements to the first phase system previously paid 
 10.35  for by the local government units; or 
 10.36     (6) refund bonds issued under this section. 
 11.1      Sec. 12.  Minnesota Statutes 2002, section 473.898, 
 11.2   subdivision 3, is amended to read: 
 11.3      Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
 11.4   bonds issued pursuant to subdivision 1, exclusive of any 
 11.5   original issue discount, shall not exceed the amount of 
 11.6   $10,000,000 plus the amount the council determines necessary to 
 11.7   pay the costs of issuance, fund reserves, debt service, and pay 
 11.8   for any bond insurance or other credit enhancement. 
 11.9      (b) In addition to the amount authorized under paragraph 
 11.10  (a), the council may issue bonds under subdivision 1 in a 
 11.11  principal amount of $3,306,300, plus the amount the council 
 11.12  determines necessary to pay the cost of issuance, fund reserves, 
 11.13  debt service, and any bond insurance or other credit 
 11.14  enhancement.  The proceeds of bonds issued under this paragraph 
 11.15  may not be used to finance portable or subscriber radio sets. 
 11.16     (c) In addition to the amount authorized under paragraphs 
 11.17  (a) and (b), the council may issue bonds under subdivision 1 in 
 11.18  a principal amount of ~~$12,000,000~~ $20,000,000, plus the amount 
 11.19  the council determines necessary to pay the costs of issuance, 
 11.20  fund reserves, debt service, and any bond insurance or other 
 11.21  credit enhancement.  The proceeds of bonds issued under this 
 11.22  paragraph must be used to pay up to ~~30~~ 55 percent of the cost to 
 11.23  a local government unit of building a subsystem or making 
 11.24  improvements to an existing 800 MHz radio system that will 
 11.25  interoperate with the regionwide public safety radio and 
 11.26  communications system and may not be used to finance portable or 
 11.27  subscriber radio sets.  The council must time the sale and 
 11.28  issuance of the bonds so that the debt service on the bonds can 
 11.29  be covered by the additional revenue that will become available 
 11.30  in the fiscal year ending June 30, 2005, generated under section 
 11.31  403.11 and appropriated under section 473.901.  
 11.32     (d) In addition to the amount authorized under paragraphs 
 11.33  (a) to (c), the council may issue bonds under subdivision 1 in a 
 11.34  principal amount of up to $40,000,000, plus the amount the 
 11.35  council determines necessary to pay the costs of issuance, fund 
 11.36  reserves, debt service, and any bond insurance or other credit 
 12.1   enhancement.  The proceeds of bonds issued under this paragraph 
 12.2   are appropriated to the commissioner of public safety for phase 
 12.3   three of the public safety radio and communications system.  In 
 12.4   anticipation of the receipt by the commissioner of public safety 
 12.5   of the bond proceeds, the metropolitan radio board may advance 
 12.6   money from its operating appropriation to the commissioner of 
 12.7   public safety to pay for design and preliminary engineering for 
 12.8   phase three.  The commissioner of public safety must return 
 12.9   these amounts to the metropolitan radio board when the bond 
 12.10  proceeds are received. 
 12.11     Sec. 13.  Minnesota Statutes 2002, section 473.901, is 
 12.12  amended to read: 
 12.13     473.901 [~~ADMINISTRATION DEPARTMENT~~ APPROPRIATION; 
 12.14  TRANSFERS; BUDGET.] 
 12.15     Subdivision 1.  [STANDING APPROPRIATION; COSTS COVERED.] 
 12.16  For each fiscal year beginning with the fiscal year commencing 
 12.17  July 1, 1997, the amount necessary to pay the following costs is 
 12.18  appropriated to the commissioner of ~~administration~~ public safety 
 12.19  from the 911 emergency ~~telephone~~ telecommunications service 
 12.20  account established under section 403.11: 
 12.21     (1) debt service costs and reserves for bonds issued 
 12.22  pursuant to section 473.898; 
 12.23     (2) repayment of the right-of-way acquisition loans; 
 12.24     (3) costs of design, construction, maintenance of, and 
 12.25  improvements to those elements of the first ~~and~~, second, and 
 12.26  third phases that support mutual aid communications and 
 12.27  emergency medical services; 
 12.28     (4) recurring charges for leased sites and equipment for 
 12.29  those elements of the first ~~and~~, second, and third phases that 
 12.30  support mutual aid and emergency medical communication services; 
 12.31  or 
 12.32     (5) aid to local units of government for sites and 
 12.33  equipment in support of mutual aid and emergency medical 
 12.34  communications services. 
 12.35     This appropriation shall be used to pay annual debt service 
 12.36  costs and reserves for bonds issued pursuant to section 473.898 
 13.1   prior to use of fee money to pay other costs eligible under this 
 13.2   subdivision.  In no event shall the appropriation for each 
 13.3   fiscal year exceed an amount equal to four cents a month for 
 13.4   each customer access line or other basic access service, 
 13.5   including trunk equivalents as designated by the public 
 13.6   utilities commission for access charge purposes and including 
 13.7   cellular and other nonwire access services, in the fiscal year.  
 13.8   Beginning July 1, 2004, this amount will increase to ~~5.5~~ 13 
 13.9   cents a month.  
 13.10     Subd. 2.  [RADIO BOARD BUDGET.] The metropolitan council 
 13.11  shall transmit the annual budget of the radio board to the 
 13.12  commissioner of ~~administration~~ public safety no later than 
 13.13  December 15 of each year.  The commissioner ~~of administration~~ 
 13.14  shall include all eligible costs approved by the radio board for 
 13.15  the regionwide public safety communication system in ~~its~~ the 
 13.16  commissioner's request for legislative appropriations from the 
 13.17  911 emergency ~~telephone~~ telecommunications service fee account.  
 13.18  ~~All eligible costs approved by the radio board shall be included~~ 
 13.19  ~~in the commissioner of administration's appropriation request.~~  
 13.20     Subd. 3.  [MONTHLY APPROPRIATION TRANSFERS.] Each month, 
 13.21  before the 25th day of the month, the commissioner ~~of~~ 
 13.22  ~~administration~~ shall transmit to the metropolitan council 1/12 
 13.23  of its total approved appropriation for the regionwide public 
 13.24  safety communication system. 
 13.25     Sec. 14.  Minnesota Statutes 2002, section 473.902, is 
 13.26  amended by adding a subdivision to read: 
 13.27     Subd. 6.  [OPERATING COSTS OF PHASES THREE TO SIX.] (a) The 
 13.28  current costs of the commissioner in implementing phases three 
 13.29  to six of the statewide public safety radio and communications 
 13.30  system shall be allocated among and paid by the following users, 
 13.31  all in accordance with the statewide public safety radio and 
 13.32  communications system plan adopted by the planning committee 
 13.33  under section 473.907: 
 13.34     (1) the state of Minnesota for its operations using the 
 13.35  system; 
 13.36     (2) all local government units using the system; and 
 14.1      (3) other eligible users of the system. 
 14.2      (b) Each local government and other eligible users of 
 14.3   phases three to six of the system shall pay to the commissioner 
 14.4   all sums charged under this section, at the times and in the 
 14.5   manner determined by the commissioner.  The governing body of 
 14.6   each local government shall take all action that may be 
 14.7   necessary to provide the funds required for these payments and 
 14.8   to make the payments when due.  
 14.9      (c) If the governing body of any local government using 
 14.10  phase three, four, five, or six of the system fails to meet any 
 14.11  payment to the commissioner under this subdivision when due, the 
 14.12  commissioner may certify to the auditor of the county in which 
 14.13  the government unit is located the amount required for payment 
 14.14  of the amount due with interest at six percent per year.  The 
 14.15  auditor shall levy and extend the amount due, with interest, as 
 14.16  a tax upon all taxable property in the government unit for the 
 14.17  next calendar year, free from any existing limitations imposed 
 14.18  by law or charter.  This tax shall be collected in the same 
 14.19  manner as the general taxes of the government unit, and the 
 14.20  proceeds of the tax, when collected, shall be paid by the county 
 14.21  treasurer to the commissioner and credited to the government 
 14.22  unit for which the tax was levied.  
 14.23     Sec. 15.  Minnesota Statutes 2002, section 473.907, 
 14.24  subdivision 1, is amended to read: 
 14.25     Subdivision 1.  [PLANNING COMMITTEE.] (a) The commissioner 
 14.26  of public safety shall convene and chair a planning committee to 
 14.27  develop a project plan for a statewide, shared, trunked public 
 14.28  safety radio ~~communication~~ and communications system. 
 14.29     (b) The planning committee consists of the following 
 14.30  members or their designees: 
 14.31     (1) the commissioner of public safety; 
 14.32     (2) the commissioner of transportation; 
 14.33     (3) the commissioner of administration; 
 14.34     (4) the commissioner of natural resources; 
 14.35     (5) the chair of the metropolitan radio board; 
 14.36     (6) the president of the Minnesota sheriffs' association; 
 15.1      (7) a representative of the league of Minnesota cities from 
 15.2   the metropolitan area; ~~and~~ 
 15.3      (8) a representative of the league of Minnesota cities from 
 15.4   greater Minnesota; and 
 15.5      (9) a representative of the association of Minnesota 
 15.6   counties from greater Minnesota. 
 15.7      Additionally, the commissioner of finance or a designee 
 15.8   shall serve on the committee as a nonvoting member.  
 15.9      (c) The planning committee must implement the project plan 
 15.10  and establish the statewide, shared trunked radio and 
 15.11  communications system.  The commissioner of public safety is 
 15.12  designated as the chair of the planning committee.  The 
 15.13  commissioner of public safety and the planning committee have 
 15.14  overall responsibility for the successful completion of 
 15.15  statewide communications infrastructure system integration. 
 15.16     (d) The planning committee must establish one or more 
 15.17  advisory groups for the purpose of advising on the plan, design, 
 15.18  implementation and administration of the statewide, shared 
 15.19  trunked radio and communications system.  At least one such 
 15.20  group must consist of the following members: 
 15.21     (1) the chair of the metropolitan radio board or a 
 15.22  designee; 
 15.23     (2) the chief of the Minnesota state patrol; 
 15.24     (3) a representative of the Minnesota state sheriffs' 
 15.25  association; 
 15.26     (4) a representative of the Minnesota chiefs of police 
 15.27  association; and 
 15.28     (5) a representative of the Minnesota fire chiefs' 
 15.29  association. 
 15.30     Sec. 16.  [TRANSFER OF RESPONSIBILITIES.] 
 15.31     Subdivision 1.  [COMMISSIONER OF ADMINISTRATION.] The 
 15.32  responsibilities of the commissioner of administration to 
 15.33  provide 911 emergency telecommunications services under 
 15.34  Minnesota Statutes 2002, chapter 403, other than the 
 15.35  responsibility to collect 911 fees, are transferred to the 
 15.36  commissioner of public safety under Minnesota Statutes, section 
 16.1   15.039.  The transfer may be completed in one or more phases as 
 16.2   provided in an agreement between the commissioners of 
 16.3   administration and public safety, but no later than the first 
 16.4   Monday in January 2004. 
 16.5      Subd. 2.  [COMMISSIONER OF TRANSPORTATION.] The 
 16.6   responsibilities of the commissioner of transportation for the 
 16.7   regionwide public safety radio communications system under 
 16.8   Minnesota Statutes, sections 473.891 to 473.905, are transferred 
 16.9   to the commissioner of public safety under Minnesota Statutes, 
 16.10  section 15.039.  The transfer may be completed in one or more 
 16.11  phases as provided in an agreement between the commissioners of 
 16.12  transportation and public safety, but no later than the first 
 16.13  Monday in January 2004. 
 16.14     Sec. 17.  [INSTRUCTION TO REVISOR.] 
 16.15     The revisor of statutes shall renumber each section of 
 16.16  Minnesota Statutes listed in column A with the number listed in 
 16.17  column B.  The revisor shall also make necessary cross-reference 
 16.18  changes consistent with the renumbering. 
 16.19         Column A                          Column B
 16.20         473.891                           403.21
 16.21         473.893                           403.22
 16.22         473.894                           403.23
 16.23         473.895                           403.24
 16.24         473.896                           403.25
 16.25         473.897                           403.26
 16.26         473.898                           403.27
 16.27         473.899                           403.28
 16.28         473.900                           403.29
 16.29         473.901                           403.30
 16.30         473.902                           403.31
 16.31         473.903                           403.32
 16.32         473.904                           403.33
 16.33         473.905                           403.34
 16.34         473.906                           403.35
 16.35         473.907                           403.36
 16.36     Sec. 18.  [APPROPRIATIONS.] 
 17.1      $10,255,000 is appropriated from the 911 emergency 
 17.2   telecommunications service account in the special revenue fund 
 17.3   to the commissioner of public safety for the purposes indicated 
 17.4   in this section, to be available for the fiscal year ending June 
 17.5   30 in the years indicated. 
 17.6                                             2004           2005
 17.7                                        $             $
 17.8   (a) Public Safety
 17.9   Answering Points                          -0-         9,323,000
 17.10  This appropriation may only be used for 
 17.11  public safety answering points that 
 17.12  have implemented enhanced 911 service 
 17.13  or whose operating entity has made a 
 17.14  binding commitment to the commissioner 
 17.15  of public safety to implement enhanced 
 17.16  911 service by January 1, 2008.  
 17.17  (b) Medical Resource
 17.18  Communication Centers                     -0-           932,000
 17.19  For a grant to the Minnesota emergency 
 17.20  medical services regulatory board for 
 17.21  the Metro East and Metro West medical 
 17.22  resource communication centers.