CHAPTER 403. 911 emergency and public safety communications

  403.01 Renumbered 403.025 

     403.02 Definitions. 

    Subdivision 1.    Scope.  For the purposes of this 
 chapter, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.  Renumbered subd 16 

    Subd. 3.  Renumbered subd 14 

    Subd. 4.  Renumbered subd 18 

    Subd. 5.  Renumbered subd 19 

    Subd. 6.  Renumbered subd 17 

    Subd. 7.    Automatic location identification.  
 "Automatic location identification" means the process of 
 electronically identifying and displaying on a special viewing 
 screen the name of the subscriber and the location, where 
 available, of the calling telephone number to a person answering 
 a 911 emergency call. 

    Subd. 8.  Renumbered subd 15 

    Subd. 9.  Renumbered subd 13 

    Subd. 10.    Commissioner.  "Commissioner" means the 
 commissioner of public safety. 

    Subd. 11.  Renumbered subd 20 

    Subd. 12.  Renumbered subd 21 

    Subd. 13.    Enhanced 911 service.  "Enhanced 911 
 service" means the use of selective routing, automatic location 
 identification, or local location identification as part of 
 local 911 service. 

    Subd. 14.    Governmental agency.  "Governmental agency" 
 means any unit of local government or special purpose district 
 located in whole or in part within this state that provides or 
 has authority to provide fire-fighting, police, ambulance, 
 medical, or other emergency services. 

    Subd. 15.    Local location identification.  "Local 
 location identification" means the process of locating the 
 origin of calls to a 911 system by means of a periodically 
 updated database located and maintained at the public safety 
 answering point. 

    Subd. 16.    Metropolitan area.  "Metropolitan area" 
 means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, 
 Scott, and Washington. 

    Subd. 17.    911 service.  "911 service" means a 
 telecommunications service that automatically connects a person 
 dialing the digits 911 to an established public safety answering 
 point.  911 service includes: 

    (1) equipment for connecting and outswitching 911 calls 
 within a telephone central office, trunking facilities from the 
 central office to a public safety answering point; 

    (2) equipment, as appropriate, for automatically 
 selectively routing 911 calls in situations where one telephone 
 central office serves more than one public safety answering 
 point; and 

    (3) provision of automatic location identification if the 
 public safety answering point has the capability of providing 
 that service. 

    Subd. 18.    Public safety agency.  "Public safety 
 agency" means a functional division of a public agency which 
 provides fire fighting, police, medical, or other emergency 
 services, or a private entity which provides emergency medical 
 or ambulance services. 

    Subd. 19.    Public safety answering point.  "Public 
 safety answering point" means a communications facility operated 
 on a 24-hour basis which first receives 911 calls from persons 
 in a 911 service area and which may, as appropriate, directly 
 dispatch public safety services or extend, transfer, or relay 
 911 calls to appropriate public safety agencies. 

    Subd. 20.    Wire-line telecommunications service provider.
  "Wire-line telecommunications service provider" means a 
 person, firm, association, corporation, or other legal entity, 
 however organized, or combination of them, authorized by state 
 or federal regulatory agencies to furnish telecommunications 
 service, including local service, over wire-line facilities. 

    Subd. 21.    Wireless telecommunications service provider. 
  "Wireless telecommunications service provider" means a 
 provider of commercial mobile radio services, as that term is 
 defined in United States Code, title 47, section 332, subsection 
 (d), including all broadband personal communications services, 
 wireless radio telephone services, geographic area specialized 
 and enhanced specialized mobile radio services, and incumbent 
 wide area specialized mobile radio licensees, that offers real 
 time, two-way voice service interconnected with the public 
 switched telephone network and that is doing business in the 
 state of Minnesota. 

    Subd. 22.    Call-back number.  "Call-back number" means 
 a number used by the public safety answering point to recontact 
 the location from which the 911 call was placed.  

    Subd. 23.    Emergency location identification number.  
 "Emergency location identification number" means a valid North 
 American numbering plan format telephone number, assigned to the 
 multiline telephone system operator by the appropriate 
 authority, that is used to route the call to a public safety 
 answering point and is used to retrieve the automatic location 
 identification for the public safety answering point.  

    Subd. 24.    Emergency response location.  "Emergency 
 response location" means a location to which a 911 emergency 
 response team may be dispatched.  The location must be specific 
 enough to provide a reasonable opportunity for the emergency 
 response team to locate a caller anywhere within it.  

    Subd. 25.    Multiline telephone system.  "Multiline 
 telephone system" means a private telephone system comprised of 
 common control units, telephones, and control hardware and 
 software that share a common interface to the public switched 
 telephone network.  This includes network and premises-based 
 systems and systems owned or leased by governmental agencies and 
 nonprofit entities, as well as for-profit businesses.  

    Subd. 26.    Shared residential multiline telephone system 
 service.  "Shared residential multiline telephone service" 
 means the use of a multiline telephone system to provide service 
 to residential facilities.  For purposes of this subdivision, 
 "residential facilities" means both single-family and 
 multifamily facilities including extended care facilities and 
 dormitories.  

    HIST: 1977 c 311 s 2; 1987 c 56 s 1,2; 1990 c 543 s 1; 1994 c 
 616 s 6; 1995 c 149 s 1; 1997 c 202 art 3 s 18,19; 3Sp1997 c 3 s 
 1; 2002 c 372 s 2-6; 1Sp2003 c 1 art 2 s 102; 2004 c 282 s 3-7 

911 EMERGENCY COMMUNICATION SYSTEM

     403.025 911 emergency telecommunications system required. 

    Subdivision 1.    General requirement.  Each county 
 shall operate and maintain a 911 emergency telecommunications 
 system. 

    Subd. 1a.    Emergency telephone number 911.  The digits 
 911, so designated by the Federal Communications Commission, 
 must be the primary emergency telephone number within the 
 system.  A public safety agency may maintain a separate 
 secondary backup number for emergency calls and shall maintain a 
 separate number for nonemergency telephone calls. 

    Subd. 2.    Multijurisdictional system.  The 911 systems 
 may be multijurisdictional and regional in character provided 
 that design and implementation are preceded by cooperative 
 planning on a county-by-county basis with local public safety 
 agencies. 

    Subd. 3.    Wire-line requirements.  Every owner and 
 operator of a wire-line telecommunications system shall design 
 and maintain the system to dial the 911 number without charge to 
 the caller. 

    Subd. 4.    Wireless requirements.  Every owner and 
 operator of a wireless telecommunications system shall design 
 and maintain the system to dial the 911 number without charge to 
 the caller. 

    Subd. 5.    Pay phone requirements.  Every pay phone 
 owner and operator shall permit dialing of the 911 number 
 without coin and without charge to the caller. 

    Subd. 6.    Multistation or PBX system.  Every owner and 
 operator of a multistation or private branch exchange (PBX) 
 multiline telephone system shall design and maintain the system 
 to dial the 911 number without charge to the caller. 

    Subd. 7.    Contractual requirements.  (a) The state, 
 together with the county or other governmental agencies 
 operating public safety answering points, shall contract with 
 the appropriate wire-line telecommunications service providers 
 for the operation, maintenance, enhancement, and expansion of 
 the 911 system. 

    (b) The state shall contract with the appropriate wireless 
 telecommunications service providers for maintaining, enhancing, 
 and expanding the 911 system. 

    (c) The contract language or subsequent amendments to the 
 contract must include a description of the services to be 
 furnished by wireless and wire-line telecommunications service 
 providers to the county or other governmental agencies operating 
 public safety answering points, as well as compensation based on 
 the effective tariff or price list approved by the public 
 utilities commission.  The contract language or subsequent 
 amendments must include the terms of compensation based on the 
 effective tariff or price list filed with the public utilities 
 commission or the prices agreed to by the parties. 

    (d) The contract language or subsequent amendments to 
 contracts between the parties must contain a provision for 
 resolving disputes. 

    HIST: 1977 c 311 s 1; 2002 c 372 s 1; 2004 c 282 s 2 

     403.03 911 services to be provided. 

    Services available through a 911 system shall include 
 police, firefighting, and emergency medical and ambulance 
 services.  Other emergency and civil defense services may be 
 incorporated into the 911 system at the discretion of the public 
 agency operating the public safety answering point. 

    HIST: 1977 c 311 s 3 

  403.04 Repealed, 2002 c 372 s 21 

     403.05 911 system operation and maintenance. 

    Subdivision 1.    Operate and maintain.  Each county or 
 any other governmental agency shall operate and maintain its 911 
 system to meet the requirements of governmental agencies whose 
 services are available through the 911 system and to permit 
 future expansion or enhancement of the system.  Each county or 
 any other governmental agency shall ensure that a 911 emergency 
 call made with a wireless access device is automatically 
 connected to and answered by the appropriate public safety 
 answering point. 

    Subd. 2.    Rule requirements for 911 system plans.  
 Each county or any other governmental agency shall maintain and 
 update its 911 system plans as required under Minnesota Rules, 
 chapter 1215. 

    Subd. 3.    Agreements for service.  Each county and any 
 other governmental agency shall contract with the state and wire-line 
 telecommunications service providers for the recurring and 
 nonrecurring costs associated with operating and maintaining 911 
 emergency communications systems. 

    HIST: 1977 c 311 s 5; 2002 c 372 s 7 

     403.06 Commissioner's duties. 

    Subdivision 1.    System coordination, improvements, 
 variations, and agreements.  The commissioner shall coordinate 
 the maintenance of 911 systems.  The commissioner shall aid 
 counties in the formulation of concepts, methods, and procedures 
 which will improve the operation and maintenance of 911 
 systems.  The commissioner shall establish procedures for 
 determining and evaluating requests for variations from the 
 established design standards.  The commissioner shall respond to 
 requests by wireless or wire-line telecommunications service 
 providers or by counties or other governmental agencies for 
 system agreements, contracts, and tariff language promptly and 
 no later than within 45 days of the request unless otherwise 
 mutually agreed to by the parties.  

    Subd. 1a.    Biennial budget; annual financial report.  
 The commissioner shall prepare a biennial budget for maintaining 
 the 911 system.  By December 15 of each year, the commissioner 
 shall submit a report to the legislature detailing the 
 expenditures for maintaining the 911 system, the 911 fees 
 collected, the balance of the 911 fund, and the 911-related 
 administrative expenses of the commissioner.  The commissioner 
 is authorized to expend money that has been appropriated to pay 
 for the maintenance, enhancements, and expansion of the 911 
 system. 

    Subd. 2.    Waiver.  Any county, other governmental 
 agency, wireless telecommunications service provider, or wire-line 
 telecommunications service provider may petition the 
 commissioner for a waiver of all or portions of the 
 requirements.  A waiver may be granted upon a demonstration by 
 the petitioner that the requirement is economically infeasible. 

    HIST: 1977 c 311 s 6; 2002 c 372 s 8; 1Sp2003 c 1 art 2 s 103 

     403.07 Standards established; data privacy. 

    Subdivision 1.    Rules.  The commissioner shall 
 establish and adopt in accordance with chapter 14, rules for the 
 administration of this chapter and for the development of 911 
 systems in the state including: 

    (1) design standards for 911 systems incorporating the 
 standards adopted pursuant to subdivision 2 for the seven-county 
 metropolitan area; and 

    (2) a procedure for determining and evaluating requests for 
 variations from the established design standards. 

    Subd. 2.    Design standards for metropolitan area.  The 
 Metropolitan 911 Board shall establish and adopt design 
 standards for the metropolitan area 911 system and transmit them 
 to the commissioner for incorporation into the rules adopted 
 pursuant to this section. 

    Subd. 3.    Database.  In 911 systems that have been 
 approved by the commissioner for a local location identification 
 database, each wire-line telecommunications service provider 
 shall provide current customer names, service addresses, and 
 telephone numbers to each public safety answering point within 
 the 911 system and shall update the information according to a 
 schedule prescribed by the county 911 plan.  Information 
 provided under this subdivision must be provided in accordance 
 with the transactional record disclosure requirements of the 
 federal Electronic Communications Privacy Act of 1986, United 
 States Code, title 18, section 2703, subsection (c), paragraph 
 (1), subparagraph (B)(iv).  

    Subd. 4.    Use of furnished information.  Names, 
 addresses, and telephone numbers provided to a 911 system under 
 subdivision 3 are private data and may be used only for 
 identifying the location or identity, or both, of a person 
 calling a 911 public safety answering point.  The information 
 furnished under subdivision 3 may not be used or disclosed by 
 911 system agencies, their agents, or their employees for any 
 other purpose except under a court order.  

    Subd. 5.    Liability.  (a) A wire-line 
 telecommunications service provider, its employees, or its 
 agents are not liable to any person who uses enhanced 911 
 telecommunications service for release of subscriber information 
 required under this chapter to any public safety answering point.

    (b) A wire-line telecommunications service provider is not 
 liable to any person for the good faith release to emergency 
 communications personnel of information not in the public 
 record, including, but not limited to, nonpublished or nonlisted 
 telephone numbers.  

    (c) A wire-line telecommunications service provider, its 
 employees, or its agents are not liable to any person for civil 
 damages resulting from or caused by any act or omission in the 
 development, design, installation, operation, maintenance, 
 performance, or provision of enhanced 911 telecommunications 
 service, except for willful or wanton misconduct. 

    (d) A multiline telephone system manufacturer, provider, or 
 operator is not liable for any civil damages or penalties as a 
 result of any act or omission, except willful or wanton 
 misconduct, in connection with developing, designing, 
 installing, maintaining, performing, provisioning, adopting, 
 operating, or implementing any plan or system required by 
 section 403.15.  

    HIST: 1977 c 311 s 7; 1982 c 424 s 130; 1990 c 543 s 2,3; 1991 
 c 319 s 21; 1994 c 618 art 1 s 38; 1995 c 149 s 2; 2002 c 372 s 
 9; 1Sp2003 c 1 art 2 s 104-106; 2004 c 282 s 8 

     403.08 Wireless telecommunications service provider. 

    Subdivision 1. Repealed by amendment, 2002 c 372 s 10 

    Subd. 2. Repealed by amendment, 2002 c 372 s 10 

    Subd. 3. Repealed by amendment, 2002 c 372 s 10 

    Subd. 4. Repealed by amendment, 2002 c 372 s 10 

    Subd. 5. Repealed by amendment, 2002 c 372 s 10 

    Subd. 6. Repealed by amendment, 2002 c 372 s 10 

    Subd. 7.    Duties.  Each wireless telecommunications 
 service provider shall cooperate in planning and implementing 
 integration with enhanced 911 systems operating in their service 
 territories to meet Federal Communications Commission-enhanced 
 911 standards.  By August 1, 1997, each 911 emergency 
 telecommunications service provider operating enhanced 911 
 systems, in cooperation with each involved wireless 
 telecommunications service provider, shall develop and provide 
 to the commissioner good-faith estimates of installation and 
 recurring expenses to integrate wireless 911 service into the 
 enhanced 911 networks to meet Federal Communications Commission 
 phase one wireless enhanced 911 standards.  The commissioner 
 shall coordinate with counties and affected public safety agency 
 representatives in developing a statewide design and plan for 
 implementation.  

    Subd. 8.    Schedule.  Planning shall be completed by 
 October 1, 1997, for the metropolitan area and shall be 
 completed by December 1, 1997, for the areas outside of the 
 metropolitan area.  

    Subd. 9.    Scope.  Planning considerations must include 
 cost, degree of integration into existing 911 systems, the 
 retention of existing 911 infrastructure, and the potential 
 implications of phase 2 of the Federal Communications Commission 
 wireless enhanced 911 standards.  

    Subd. 10.    Plan integration.  Counties shall 
 incorporate the statewide design when modifying county 911 plans 
 to provide for integrating wireless 911 service into existing 
 county 911 systems.  The commissioner shall contract with the 
 involved wireless service providers and 911 service providers to 
 integrate cellular and other wireless services into existing 911 
 systems where feasible. 

    Subd. 11.    Liability.  (a) No wireless enhanced 911 
 emergency telecommunications service provider, its employees, or 
 its agents are liable to any person for civil damages resulting 
 from or caused by any act or omission in the development, 
 design, installation, operation, maintenance, performance, or 
 provision of enhanced 911 wireless service, except for willful 
 or wanton misconduct.  

    (b) No wireless carrier, its employees, or its agents are 
 liable to any person who uses enhanced 911 wireless service for 
 release of subscriber information required under this chapter to 
 any public safety answering point. 

    Subd. 12.    Notification of subscriber.  A provider of 
 wireless telecommunications services shall notify its 
 subscribers at the time of initial subscription and four times 
 per year thereafter that a 911 emergency call made from a 
 wireless telephone is not always answered by a local public 
 safety answering point but may be routed to a State Patrol 
 dispatcher and that, accordingly, the caller must provide 
 specific information regarding the caller's location.  

    HIST: 1977 c 311 s 8; 1980 c 614 s 123; 1997 c 202 art 3 s 20; 2002 
 c 372 s 10 

     403.09 Enforcement. 

    Subdivision 1.    Commissioner's authority.  At the 
 request of the commissioner of public safety, the attorney 
 general may commence proceedings in the district court against 
 any person or public or private body to enforce the provisions 
 of this chapter. 

    Subd. 2.    Commission authority.  At the request of the 
 public utilities commission, the attorney general may commence 
 proceedings before the district court pursuant to section 
 237.27, against any wire-line telecommunications service 
 provider that refuses to comply with this chapter. 

    Subd. 3.    Dispute resolution.  Disputes between 
 parties must be resolved pursuant to section 403.025, subdivision 
 7, paragraph (d). 

    HIST: 1977 c 311 s 9; 1980 c 614 s 123; 1995 c 149 s 3; 2002 c 
 372 s 11; 1Sp2003 c 1 art 2 s 107 

     403.10 Cooperative agreement. 

    Subdivision 1.    Authority.  All public agencies and 
 counties that are part of different 911 systems but share common 
 boundary lines may enter into cooperative agreements to provide 
 that once an emergency unit is dispatched in response to a 
 request through the system, the unit shall render its services 
 to the requesting party without regard to jurisdictional 
 boundaries. 

    Subd. 2.    Notice to public safety agency.  Public 
 safety agencies with jurisdictional responsibilities shall in 
 all cases be notified by the public safety answering point of a 
 request for service in their jurisdiction. 

    Subd. 3.    Allocating costs.  Counties, public 
 agencies, operating public safety answering points, and other 
 local governmental units may enter into cooperative agreements 
 under section 471.59 for the allocation of operational and 
 capital costs attributable to the 911 system. 

    HIST: 1977 c 311 s 10; 2002 c 372 s 12 

     403.11 911 system cost accounting requirements; fee. 

    Subdivision 1.    Emergency telecommunications service 
 fee.  (a) Each customer of a wireless or wire-line 
 telecommunications service provider that furnishes service 
 capable of originating a 911 emergency telephone call is 
 assessed a fee to cover the costs of ongoing maintenance and 
 related improvements for trunking and central office switching 
 equipment for 911 emergency telecommunications service, plus 
 administrative and staffing costs of the commissioner related to 
 managing the 911 emergency telecommunications service program.  
 Recurring charges by a wire-line telecommunications service 
 provider for updating the information required by section 
 403.07, subdivision 3, must be paid by the commissioner if the 
 wire-line telecommunications service provider is included in an 
 approved 911 plan and the charges are made pursuant to tariff, 
 price list, or contract.  The fee assessed under this section 
 must also be used for the purpose of offsetting the costs, 
 including administrative and staffing costs, incurred by the 
 State Patrol Division of the Department of Public Safety in 
 handling 911 emergency calls made from wireless phones.  

    (b) Money remaining in the 911 emergency telecommunications 
 service account after all other obligations are paid must not 
 cancel and is carried forward to subsequent years and may be 
 appropriated from time to time to the commissioner to provide 
 financial assistance to counties for the improvement of local 
 emergency telecommunications services.  The improvements may 
 include providing access to 911 service for telecommunications 
 service subscribers currently without access and upgrading 
 existing 911 service to include automatic number identification, 
 local location identification, automatic location 
 identification, and other improvements specified in revised 
 county 911 plans approved by the commissioner. 

    (c) The fee may not be less than eight cents nor more than 
 40 cents a month for each customer access line or other basic 
 access service, including trunk equivalents as designated by the 
 Public Utilities Commission for access charge purposes and 
 including wireless telecommunications services.  With the 
 approval of the commissioner of finance, the commissioner of 
 public safety shall establish the amount of the fee within the 
 limits specified and inform the companies and carriers of the 
 amount to be collected.  When the revenue bonds authorized under 
 section 403.27, subdivision 1, have been fully paid or defeased, 
 the commissioner shall reduce the fee to reflect that debt 
 service on the bonds is no longer needed.  The commissioner 
 shall provide companies and carriers a minimum of 45 days' 
 notice of each fee change.  The fee must be the same for all 
 customers.  

    (d) The fee must be collected by each wireless or wire-line 
 telecommunications service provider subject to the fee.  Fees 
 are payable to and must be submitted to the commissioner monthly 
 before the 25th of each month following the month of collection, 
 except that fees may be submitted quarterly if less than $250 a 
 month is due, or annually if less than $25 a month is due.  
 Receipts must be deposited in the state treasury and credited to 
 a 911 emergency telecommunications service account in the 
 special revenue fund.  The money in the account may only be used 
 for 911 telecommunications services. 

    (e) This subdivision does not apply to customers of 
 interexchange carriers. 

    (f) The installation and recurring charges for integrating 
 wireless 911 calls into enhanced 911 systems must be paid by the 
 commissioner if the 911 service provider is included in the 
 statewide design plan and the charges are made pursuant to 
 tariff, price list, or contract. 

    Subd. 2. Repealed, 2002 c 372 s 21 

    Subd. 3.    Method of payment.  (a) Any wireless or wire-line 
 telecommunications service provider incurring reimbursable 
 costs under subdivision 1 shall submit an invoice itemizing rate 
 elements by county or service area to the commissioner for 911 
 services furnished under tariff, price list, or contract.  Any 
 wireless or wire-line telecommunications service provider is 
 eligible to receive payment for 911 services rendered according 
 to the terms and conditions specified in the contract.  
 Competitive local exchange carriers holding certificates of 
 authority from the Public Utilities Commission are eligible to 
 receive payment for recurring 911 services provided after July 
 1, 2001.  The commissioner shall pay the invoice within 30 days 
 following receipt of the invoice unless the commissioner 
 notifies the service provider that the commissioner disputes the 
 invoice.  

    (b) The commissioner shall estimate the amount required to 
 reimburse wireless and wire-line telecommunications service 
 providers for the state's obligations under subdivision 1 and 
 the governor shall include the estimated amount in the biennial 
 budget request.  

    Subd. 3a.    Timely certification.  A certification must 
 be submitted to the commissioner no later than two years after 
 commencing a new or additional eligible 911 service.  Any 
 wireless or wire-line telecommunications service provider 
 incurring reimbursable costs under this section at any time 
 before January 1, 2003, may certify those costs for payment to 
 the commissioner according to this section for a period of 90 
 days after January 1, 2003.  During this period, the 
 commissioner shall reimburse any wireless or wire-line 
 telecommunications service provider for approved, certified 
 costs without regard to any contrary provision of this 
 subdivision. 

    Subd. 3b.    Certification.  All wireless and wire-line 
 telecommunications service providers shall submit a 
 self-certification form signed by an officer of the company to 
 the commissioner with invoices for payment of an initial or 
 changed service described in the service provider's 911 
 contract.  The self-certification shall affirm that the 911 
 service contracted for is being provided and the costs invoiced 
 for the service are true and correct.  All certifications are 
 subject to verification and audit. 

    Subd. 3c.    Audit.  If the commissioner determines that 
 an audit is necessary to document the certification described in 
 subdivision 3b, the wireless or wire-line telecommunications 
 service provider must contract with an independent certified 
 public accountant to conduct the audit.  The audit must be 
 conducted according to generally accepted accounting 
 principles.  The wireless or wire-line telecommunications 
 service provider is responsible for any costs associated with 
 the audit. 

    Subd. 4.    Local recurring costs.  Recurring costs of 
 telecommunications equipment and services at public safety 
 answering points must be borne by the local governmental agency 
 operating the public safety answering point or allocated 
 pursuant to section 403.10, subdivision 3.  Costs attributable 
 to local government electives for services not otherwise 
 addressed under section 403.11 or 403.113 must be borne by the 
 governmental agency requesting the elective service. 

    Subd. 5.    Tariff notification.  Wire-line 
 telecommunications service providers or wireless 
 telecommunications service providers holding eligible 
 telecommunications carrier status shall give notice to the 
 commissioner and any other affected governmental agency of 
 tariff or price list changes related to 911 service at the same 
 time that the filing is made with the public utilities 
 commission. 

    HIST: 1977 c 311 s 11; 1978 c 680 s 1; 1980 c 614 s 123,147; 
 1Sp1985 c 13 s 330; 1987 c 404 s 174; 1989 c 335 art 4 s 85; 
 1990 c 543 s 4; 1994 c 616 s 7,8; 1994 c 634 art 1 s 22; 1995 c 
 265 art 2 s 29; 1997 c 202 art 3 s 21; 1Sp2001 c 10 art 2 s 78; 
 2002 c 372 s 13-19; 2002 c 401 art 1 s 3; 1Sp2003 c 1 art 2 s 
 108,135 

     403.113 Enhanced 911 service costs; fee. 

    Subdivision 1.    Fee.  (a) Each customer receiving 
 service from a wireless or wire-line telecommunications service 
 provider is assessed a fee to fund implementation, operation, 
 maintenance, enhancement, and expansion of enhanced 911 service, 
 including acquisition of necessary equipment and the costs of 
 the commissioner to administer the program.  The actual fee 
 assessed under section 403.11 and the enhanced 911 service fee 
 must be collected as one amount and may not exceed the amount 
 specified in section 403.11, subdivision 1, paragraph (c). 

    (b) The enhanced 911 service fee must be collected and 
 deposited in the same manner as the fee in section 403.11 and 
 used solely for the purposes of paragraph (a) and subdivision 3. 

    (c) The commissioner, in consultation with counties and 911 
 system users, shall determine the amount of the enhanced 911 
 service fee.  The fee must include at least ten cents per month 
 to be distributed under subdivision 2.  The commissioner shall 
 inform wireless and wire-line telecommunications service 
 providers that provide service capable of originating a 911 
 emergency telephone call of the total amount of the 911 service 
 fees in the same manner as provided in section 403.11. 

    Subd. 2.    Distribution of money.  (a) After payment of 
 the costs of the commissioner to administer the program, the 
 commissioner shall distribute the money collected under this 
 section as follows: 

    (1) one-half of the amount equally to all qualified 
 counties, and after October 1, 1997, to all qualified counties, 
 existing ten public safety answering points operated by the 
 Minnesota State Patrol, and each governmental entity operating 
 the individual public safety answering points serving the 
 Metropolitan Airports Commission, the Red Lake Indian 
 Reservation, and the University of Minnesota Police Department; 
 and 

    (2) the remaining one-half to qualified counties and cities 
 with existing 911 systems based on each county's or city's 
 percentage of the total population of qualified counties and 
 cities.  The population of a qualified city with an existing 
 system must be deducted from its county's population when 
 calculating the county's share under this clause if the city 
 seeks direct distribution of its share. 

    (b) A county's share under subdivision 1 must be shared pro 
 rata between the county and existing city systems in the 
 county.  A county or city or other governmental entity as 
 described in paragraph (a), clause (1), shall deposit money 
 received under this subdivision in an interest-bearing fund or 
 account separate from the governmental entity's general fund and 
 may use money in the fund or account only for the purposes 
 specified in subdivision 3. 

    (c) A county or city or other governmental entity as 
 described in paragraph (a), clause (1), is not qualified to 
 share in the distribution of money for enhanced 911 service if 
 it has not implemented enhanced 911 service before December 31, 
 1998. 

    (d) For the purposes of this subdivision, "existing city 
 system" means a city 911 system that provides at least basic 911 
 service and that was implemented on or before April 1, 1993.  

    Subd. 3.    Local expenditures.  (a) Money distributed 
 under subdivision 2 for enhanced 911 service may be spent on 
 enhanced 911 system costs for the purposes stated in subdivision 
 1, paragraph (a).  In addition, money may be spent to lease, 
 purchase, lease-purchase, or maintain enhanced 911 equipment, 
 including telephone equipment; recording equipment; computer 
 hardware; computer software for database provisioning, 
 addressing, mapping, and any other software necessary for 
 automatic location identification or local location 
 identification; trunk lines; selective routing equipment; the 
 master street address guide; dispatcher public safety answering 
 point equipment proficiency and operational skills; pay for 
 long-distance charges incurred due to transferring 911 calls to 
 other jurisdictions; and the equipment necessary within the 
 public safety answering point for community alert systems and to 
 notify and communicate with the emergency services requested by 
 the 911 caller. 

    (b) Money distributed for enhanced 911 service may not be 
 spent on: 

    (1) purchasing or leasing of real estate or cosmetic 
 additions to or remodeling of communications centers; 

    (2) mobile communications vehicles, fire engines, 
 ambulances, law enforcement vehicles, or other emergency 
 vehicles; 

    (3) signs, posts, or other markers related to addressing or 
 any costs associated with the installation or maintenance of 
 signs, posts, or markers. 

    Subd. 4.    Audits.  Each county and city or other 
 governmental entity as described in subdivision 2, paragraph 
 (a), clause (1), shall conduct an annual audit on the use of 
 funds distributed to it for enhanced 911 service.  A copy of 
 each audit report must be submitted to the commissioner. 

    Subd. 5. Repealed, 2002 c 372 s 21 

    HIST: 1994 c 616 s 9; 1997 c 202 art 3 s 22-25; 2002 c 372 s 
 20; 1Sp2003 c 1 art 2 s 109 

    403.12 Subdivision 1. Repealed, 2002 c 372 s 21 

    Subd. 2. Repealed, 1Sp1986 c 3 art 1 s 51 

    Subd. 3. Repealed, 1Sp1986 c 3 art 1 s 51 

  403.13 Repealed, 2002 c 372 s 21 

  403.14 Repealed, 2002 c 372 s 21 

     403.15 Multiline telephone system 911 requirements. 

    Subdivision 1.    Multistation or PBX system.  Except as 
 otherwise provided in this section, every owner and operator of 
 a new multistation or private branch exchange (PBX) multiline 
 telephone system purchased after December 31, 2004, shall design 
 and maintain the system to provide a call-back number and 
 emergency response location.  

    Subd. 2.    Multiline telephone system user dialing 
 instructions.  Each multiline telephone system operator must 
 demonstrate or otherwise inform each new telephone system user 
 how to call for emergency assistance from that particular 
 multiline telephone system.  

    Subd. 3.    Shared residential multiline telephone system. 
  On and after January 1, 2005, operators of shared multiline 
 telephone systems, whenever installed, serving residential 
 customers shall ensure that the shared multiline telephone 
 system is connected to the public switched network and that 911 
 calls from the system result in at least one distinctive 
 automatic number identification and automatic location 
 identification for each residential unit, except those 
 requirements do not apply if the residential facility maintains 
 one of the following: 

    (1) automatic location identification for each respective 
 emergency response location; 

    (2) the ability to direct emergency responders to the 911 
 caller's location through an alternative and adequate means, 
 such as the establishment of a 24-hour private answering point; 
 or 

    (3) a connection to a switchboard operator, attendant, or 
 other designated on-site individual.  

    Subd. 4.    Hotel or motel multiline telephone system.  
 Operators of hotel and motel multiline telephone systems shall 
 permit the dialing of 911 and shall ensure that 911 calls 
 originating from hotel or motel multiline telephone systems 
 allow the 911 system to clearly identify the address and 
 specific location of the 911 caller. 

    Subd. 5.    Business multiline telephone system.  (a) An 
 operator of business multiline telephone systems connected to 
 the public switched telephone network and serving business 
 locations of one employer shall ensure that calls to 911 from 
 any telephone on the system result in one of the following: 

    (1) automatic location identification for each respective 
 emergency response location; 

    (2) an ability to direct emergency responders to the 911 
 caller's location through an alternative and adequate means, 
 such as the establishment of a 24-hour private answering point; 
 or 

    (3) a connection to a switchboard operator, attendant, or 
 other designated on-site individual.  

    (b) Except as provided in paragraph (c), providers of 
 multiline telephone systems serving multiple employers' business 
 locations shall ensure that calls to 911 from any telephone 
 result in automatic location identification for the respective 
 emergency response location of each business location sharing 
 the system.  

    (c) Only one emergency response location is required in the 
 following circumstances: 

    (1) an employer's workspace is less than 40,000 square 
 feet, located on a single floor and on a single contiguous 
 property; 

    (2) an employer's workspace is less than 7,000 square feet, 
 located on multiple floors and on a single contiguous property; 
 or 

    (3) an employer's workspace is a single public entrance, 
 single floor facility on a single contiguous property. 

    Subd. 6.    Schools.  A multiline telephone system 
 operated by a public or private educational institution, 
 including a system serving dormitories and other residential 
 customers, is subject to this subdivision and is not subject to 
 subdivision 3.  The operator of the education institution 
 multiline system connected to the public switched network must 
 ensure that calls to 911 from any telephone on the system result 
 in one of the following: 

    (1) automatic location identification for each respective 
 emergency response location; 

    (2) an ability to direct emergency responders to the 911 
 caller's location through an alternative and adequate means, 
 such as the establishment of a 24-hour private answering point; 
 or 

    (3) a connection to a switchboard operator, attendant, or 
 other designated on-site individual. 

    Subd. 7.    Exemptions.  (a) Multiline telephone systems 
 with a single emergency response location are exempt from 
 subdivisions 1 and 3 to 6 and section 403.07, subdivision 3.  

    (b) Multiline telephone system operators that employ 
 alternative methods of enhanced 911 support are exempt from 
 subdivisions 1 and 3 to 6 and section 403.07, subdivision 3.  

    (c) A multiline telephone system operator may apply for an 
 exemption from the requirements in this section from the chief 
 officer of each public safety answering point serving that 
 jurisdiction. 

    Subd. 8.    Applicability.  The requirements of 
 subdivisions 4, 5, and 6 apply to new multiline telephone 
 systems purchased after December 31, 2004.  The requirements of 
 subdivisions 2 and 3 and the exemptions in subdivision 7 apply 
 regardless of when the multiline telephone system was installed. 

    HIST: 2004 c 282 s 9 

PUBLIC SAFETY RADIO COMMUNICATION

     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." 

    HIST: 2004 c 201 s 1 

PUBLIC SAFETY RADIO COMMUNICATION SYSTEM

     403.21 Definitions. 

    Subdivision 1.    Applications.  The definitions in this 
 section apply to sections 403.21 to 403.40. 

    Subd. 2.    Board.  "Board" or "radio board" or 
 "Metropolitan Radio Board" means the Metropolitan Radio Board or 
 its successor regional radio board.  

    Subd. 3.    First phase.  "First phase" or "first phase 
 of the regionwide public safety radio 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. 

    Subd. 4.    Local elected officials.  "Local elected 
 officials" means any elected official of a local government. 

    Subd. 5.    Local government.  "Local government" means 
 any county, home rule charter or statutory city, or town. 

    Subd. 6.    NPSPAC channels.  "NPSPAC channels" or 
 "National Public Safety Planning Advisory Committee channels" 
 means the following 800 megahertz channels:  821 to 824 and 866 
 to 869 megahertz.  

    Subd. 7.    Plan.  "Plan" or "regionwide public safety 
 radio system communication plan" means the plan adopted by the 
 Metropolitan Radio Board for a regionwide public safety radio 
 communications system.  

    Subd. 8.    Subsystems.  "Subsystems" or "public safety 
 radio subsystems" means systems identified in the plan as 
 subsystems interconnected by the 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. 

    Subd. 9.    System backbone.  "System backbone" or 
 "backbone" means a public safety radio communication system that 
 consists of a shared, 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 communication system plan under 
 section 403.23, subdivision 6, and the statewide radio 
 communication plan under section 403.36. 

    Subd. 10.    Second phase.  "Second phase" means the 
 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. 

    Subd. 11.    Third phase.  "Third phase" means an 
 extension of the backbone system to serve the southeast and 
 central districts of the State Patrol. 

    Subd. 12.    Greater Minnesota.  "Greater Minnesota" 
 means the area of the state outside the nine-county metropolitan 
 area served by the first phase.  

    Subd. 13.    Regional radio board.  "Regional radio 
 board" or "regional board" means a regional radio board 
 established under section 403.39. 

    HIST: 1995 c 195 art 1 s 2; 2002 c 401 art 1 s 4,5; 1Sp2003 c 
 1 art 2 s 113,114,135; 2004 c 201 s 2-10 

     403.22 Board; membership, administration. 

    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. 

    Subd. 2.    Membership.  (a) The board consists of 21 
 members.  Seventeen members shall be local officials and shall 
 include:  

    (1) one county commissioner appointed by each respective 
 county board from each of the 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 18th member shall be a member of the Metropolitan Council 
 appointed by the council.  The 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 the 21st member of the board. 

    (b) 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.  

    (c) 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. 

    Subd. 3.    Officers.  The officers of the board are:  
 chair; vice-chair; secretary; and treasurer.  The chair shall 
 preside at all meetings of the board, and in the chair's 
 absence, the vice-chair shall preside.  The secretary shall keep 
 a complete record of the minutes of each meeting.  The treasurer 
 shall keep the financial records of the board.  The chair and 
 vice-chair of the board shall be selected by a majority vote 
 from the members of the board.  The secretary and treasurer need 
 not be members of the board.  

    Subd. 4.    Contracts.  Contracts and other written 
 instruments of the board shall be signed by the chair or 
 vice-chair and if the board has an executive director, by the 
 executive director of the board pursuant to authority from the 
 board. 

    Subd. 5.    Bylaws.  The board shall conduct its 
 business in accordance with bylaws duly adopted by a majority of 
 the board.  

    Subd. 6.    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, shall be favored by a majority 
 of the voting power of the board in order to carry.  

    HIST: 1995 c 195 art 1 s 3; 1Sp2003 c 1 art 2 s 135; 2004 c 
 201 s 11,12 

     403.23 Powers of the board. 

    Subdivision 1.    General.  The board has the powers 
 necessary and convenient to discharge the duties imposed on it 
 by law, including those listed in this section.  

    Subd. 2.    Planning.  (a) The board shall review and, 
 within 90 days of the effective date of Laws 1995, chapter 195, 
 adopt the regionwide public safety radio system communication 
 plan prepared by the Metropolitan Radio Systems Planning 
 Committee pursuant to Laws 1993, chapter 313, section 3, 
 subdivision 2, for using the 800 megahertz and other frequencies 
 available for public safety use.  The plan must include, at a 
 minimum:  

    (1) a system design recommended by the Minnesota 
 commissioner of transportation for the first phase consisting of 
 a shared regionwide infrastructure network; 

    (2) a system design for subsequent phases; and 

    (3) a plan for assignment of frequencies to the regional 
 network and to each subsystem.  

    (b) No later than 30 days prior to adoption of the plan by the 
 board, the board shall submit the plan to the Metropolitan 
 Council for review in accordance with section 473.165, clause 
 (1).  The council may make comments to the board about the plan 
 in accordance with section 473.165, clause (2), except that the 
 deadline for comments shall be made within 30 days after 
 submission of the plan to the council. 

    (c) If, within the 30-day review period, the council has made 
 no comment on the plan or has made no findings as provided in 
 section 473.165, clause (2), the plan shall go into effect as of 
 the date of adoption by the board. 

    (d) If, within the 30-day review period, the council has made 
 findings as provided in section 473.165, clause (2), the board 
 and the council shall follow the procedure provided in section 
 473.165, clause (2).  The board may adopt revisions to the plan 
 in the same manner as is provided in this subdivision for 
 adoption of the plan.  

    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 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 must be used for the 
 implementation of the plan.  The 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 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 board, the commissioner of the Minnesota 
 Department of Transportation, and local subsystem owners shall 
 jointly colicense all subscriber equipment for the system 
 backbone. 

    Subd. 4.    Plan implementation.  The board shall 
 supervise the implementation of the regionwide public safety 
 radio system communication plan adopted under subdivision 2 and 
 must ensure that the system is built, owned, operated, and 
 maintained in accordance with the plan.  The board will work 
 with the region 22 NPSPAC committee to incorporate the board's 
 adopted plan into federal communication system regulations. 

    Subd. 5.    Required minimum level of service for local 
 governments.  Subject to system capacity and channel 
 availability, the board shall ensure that all local governments, 
 quasi-public service operations, and private entities in the 
 metropolitan counties that are eligible to use radio frequencies 
 reserved for public safety use have adequate communications 
 capacity and intercommunications capability.  

    Subd. 6.    Backbone and subsystems.  In the regionwide 
 public safety radio system communication plan, the board shall 
 define the backbone consistent with the recommendations made by 
 the commissioner of transportation and the subsystems of the 
 system, the timing and phasing of system development, the 
 geographic scope of the system, the timing and extent of 
 participation in the system including participation by 
 additional entities, and standards for system performance.  
 System performance standards shall be developed in consultation 
 with the commissioner of transportation.  The initial backbone 
 shall serve state and regional agencies and shall include 
 capabilities for regionwide mutual aid and emergency medical 
 services communications and potentially provide alternative 
 routing for 911 services.  

    Subd. 7.    Existing channel allocation.  The board 
 shall coordinate allocation of existing radio channels made 
 available to the board by conversion to 800 megahertz or other 
 public safety frequencies.  

    Subd. 8.    Cost apportionment.  The board shall 
 determine how capital, operating, and administrative costs of 
 the first phase system will be spread across users of the 
 regionwide public safety radio communication system, including 
 costs for additional participants. 

    Subd. 9.    Excess capacity allocation.  The board shall 
 determine how excess capacity provided in the initial system 
 design in the regionwide public safety radio communication 
 system will be allocated. 

    Subd. 10.    System enhancement regulation.  The board 
 shall determine 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 
 direct expense. 

    Subd. 11.    Standards.  The board is authorized to set 
 or adopt performance and technical standards for operation of 
 the backbone and subsystems and may modify standards as 
 necessary to meet changing needs. 

    Subd. 12.    Use priorities.  The board shall establish 
 priorities or protocols for use of the system.  

    Subd. 13.    First phase construction.  In order to 
 implement the first phase backbone, the board shall contract 
 with the state of Minnesota, through the commissioner of 
 transportation for construction, ownership, operation, 
 maintenance, and enhancement of these elements of the first 
 phase backbone as defined in the plan.  The commissioner, 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 first phase system network.  In 
 accordance with the terms of the contract entered into with the 
 radio board under this subdivision, the Department of 
 Transportation will own, operate, and maintain those elements 
 identified by the radio board in the plan as the first phase.  
 The state will finance and pay for its share of the first phase. 

    Subd. 14.    Executive director.  The board may employ 
 and fix the duties and compensation of an executive director who 
 shall supervise the implementation of the plan including the 
 design, ownership, construction, and operation of the first 
 phase system and shall administer the business affairs of the 
 board.  The executive director is eligible for membership in the 
 Minnesota State Retirement System.  Until funds to administer 
 the board become available under subdivision 19, the 
 Metropolitan Council shall provide to the board an executive 
 director who will be a staff member of the council.  The 
 executive director shall serve at the pleasure of the board.  

    Subd. 15.    System use by nongovernmental entities.  
 The board may contract with entities in the metropolitan 
 counties eligible to use the public safety channels other than 
 local governments, to provide them with public safety radio 
 communication service.  The board may contract with eligible 
 jurisdictions and entities outside the metropolitan counties for 
 inclusion in the regionwide public safety radio communication 
 system.  

    Subd. 16.    Minutes of board meetings.  The board shall 
 keep proper minutes of all its proceedings which shall be open 
 to public inspection at all reasonable times. 

    Subd. 17.    Accounting.  The board shall keep proper 
 and adequate books of accounts showing all its receipts and 
 disbursements by date, source, and amount.  The board must be 
 audited at least once each year.  The board may elect to be 
 audited by a certified public accountant or by the state auditor.

    Subd. 18.    Insurance.  The board may obtain suitable, 
 proper, and adequate public liability and workers' compensation 
 insurance and other insurance as it deems necessary, including 
 but not limited to, insurance against the liability of the board 
 or its officers and employees for personal injury or death and 
 property damage or destruction, with the force and effect stated 
 in chapter 466, and against risks of damage to or destruction of 
 any of its facilities, equipment, or other property. 

    Subd. 19.    User fees.  In accordance with the plan 
 authorized in subdivision 2, the board may establish and impose 
 user fees on entities using the first phase system to cover the 
 board's costs of implementing the plan and the costs of 
 operating the first phase system in the metropolitan area.  The 
 Metropolitan Council will collect the user fees.  

    Subd. 20.    Technical Operations Committee.  The board 
 shall establish a Technical Operations Committee composed of 
 representatives of the following functional categories to advise 
 it in carrying out its purposes:  

    (1) Minnesota Department of Public Safety; 

    (2) Minnesota Department of Transportation; 

    (3) sheriffs; 

    (4) police; 

    (5) fire protection; 

    (6) emergency medical service; 

    (7) public works; 

    (8) civil defense; 

    (9) Metro 911 Telephone Board; 

    (10) entities using 800 megahertz prior to initiation of 
 the regional system; 

    (11) managers or purchasing agents possessing expertise 
 from a general perspective; 

    (12) representatives of local units of government; and 

    (13) regionwide public safety radio communication system 
 users. 

 The members of the Technical Operations Committee serve without 
 compensation.  The chair of the Technical Operations Committee 
 is an ex officio member of the radio board. 

    Subd. 21.    Contracts.  The board may enter into 
 contracts necessary to carry out its responsibilities.  

    Subd. 22.    Property.  The board may acquire by 
 purchase, lease, gift, or grant, property, both real and 
 personal, and interests in property necessary for the 
 accomplishment of its purposes and may sell or otherwise dispose 
 of property which it no longer requires.  

    Subd. 23.    Gifts; grants.  The board may apply for, 
 accept, and disburse gifts, grants, or loans from the United 
 States, the state, or from any person for any of its purposes.  
 It may enter into an agreement required for the gifts, grants, 
 or loans and may hold, use, and dispose of money or property 
 received according to the terms of the gift, grant, or loan.  

    Subd. 24.    Authority to litigate.  The board may sue 
 and be sued.  

    HIST: 1995 c 195 art 1 s 4; 1996 c 463 s 46; 1997 c 143 s 17; 
 1997 c 202 art 3 s 28; 1Sp2003 c 1 art 2 s 135; 2004 c 201 s 13 

     403.24 Adverse interests of board members. 

    As provided in section 471.87, no member of the board shall 
 have any personal or financial interest in any sale, lease, or 
 other contract made by the board.  Any violation of section 
 471.87 may make the sale, lease, or other contract voidable by 
 the board.  Upon conviction for a violation of section 471.87, a 
 board member is automatically disqualified from further service 
 on the board.  

    HIST: 1995 c 195 art 1 s 5; 1Sp2003 c 1 art 2 s 135 

     403.25 Compensation of board members. 

    Subdivision 1.    Per diem and expenses.  Except as 
 provided in subdivision 2, and unless otherwise prohibited by 
 law, each board member of the radio board shall be reimbursed 
 for actual and necessary expenses incurred in the performance of 
 duties.  The chair shall be paid a per diem in the same amount 
 as is provided in section 15.0575, subdivision 3, for attending 
 meetings, monthly, executive, and special, and board members 
 shall be paid a per diem in the same amount as is provided in 
 section 15.0575, subdivision 3, for attending meetings, monthly, 
 executive, and special.  A board member who receives a per diem 
 from the board member's county or city shall not be paid a per 
 diem for the same day by the board for attending meetings of the 
 board.  The annual budget of the board shall provide, as a 
 separate account, anticipated expenditures for per diem, travel, 
 and associated expenses for the chair and members, and 
 compensation or reimbursement shall be made to the chair or 
 members only when budgeted.  

    Subd. 2.    Limitation.  A board member whose annual 
 public salary is $25,000 or more shall only be reimbursed for 
 expenses related to travel. 

    HIST: 1995 c 195 art 1 s 6; 1Sp2003 c 1 art 2 s 135 

     403.26 Finance. 

    Subdivision 1.    Budget preparation; review and approval. 
  (a) The board shall prepare a proposed budget by August 1 of each 
 year.  The budget shall include operating revenues and 
 expenditures for operation, administration, and maintenance.  In 
 addition, the budget must show for each fiscal year of the state 
 biennium: 

    (1) the estimated operating revenues from all sources 
 including funds on hand at the beginning of the year, and 
 estimated expenditures for costs of operation, administration, 
 maintenance, and debt service; 

    (2) capital improvement funds estimated to be on hand at 
 the beginning of the year and estimated to be received during 
 the year from all sources and estimated cost of capital 
 improvements to be paid out or expended during the year, all in 
 such detail and form as the council may prescribe; and 

    (3) the estimated source and use of pass-through funds. 

    (b) As early as practicable before August 15 of each year, the 
 board shall hold a public hearing on a draft of the proposed 
 budget.  Along with the draft, the board shall publish a report 
 on user charges.  The report must include an estimated analysis 
 of the changes in user charges, rates, and fees that will be 
 required by the board's budget.  Not less than 14 days before 
 the hearing, the board shall publish notice of the hearing in a 
 newspaper having general circulation in the metropolitan area, 
 stating the date, time, and place of hearing, and the place 
 where the proposed budget and report on user charges may be 
 examined by any interested person.  

    (c) Following the hearing, the board shall publish a report of 
 the hearing that summarizes the comments received and board's 
 response.  The council shall approve or disapprove the entire 
 budget by October 1 of each year.  The council may disapprove 
 only if the budget does not have adequate reserves to meet debt 
 service.  If the council disapproves the budget in accordance 
 with this subdivision, the board shall, by November 1, resubmit 
 to the council for approval, a budget which meets the 
 requirements for council approval as provided in this 
 subdivision.  The council shall approve or disapprove the entire 
 resubmitted budget by December 1.  

    (d) Before December 15 of each year, the board shall, by 
 resolution, adopt a final budget.  The board shall file its 
 final budget with the council on or before December 20 of each 
 year.  The council shall file the budgets with the secretary of 
 the senate and the clerk of the house of representatives not 
 later than January 1 of each year.  Before adoption, the board 
 must submit any budget amendment which would affect debt service 
 reserves to the council for review.  The council has 15 days to 
 approve or disapprove the amendment.  The council shall 
 disapprove the budget amendment only if the budget does not have 
 adequate reserves to meet debt service. 

    (e) Except in an emergency, for which procedures must be 
 established by the board, the board and its officers, agents, 
 and employees may not spend money for any purpose, other than 
 debt service, without an appropriation by the board, and no 
 obligation to make such an expenditure shall be enforceable 
 except as the obligation of the person or persons incurring it.  
 The creation of any debt obligation or the receipt of any 
 federal or state grant is a sufficient appropriation of the 
 proceeds for the purpose for which it is authorized, and of the 
 tax or other revenues pledged to pay the obligation and interest 
 on it whether or not specifically included in any annual budget. 
 After obtaining the approval of the council, the board may amend 
 the budget at any time by transferring any appropriation from 
 one purpose to another, except appropriations of the proceeds of 
 bonds issued for a specific purpose.  The council shall 
 disapprove only if the amended budget does not have adequate 
 reserves to meet debt service. 

    Subd. 2.    Program evaluation.  The budget procedure of 
 the board must include a substantive assessment and evaluation 
 of the effectiveness of each significant part of the regionwide 
 public safety radio communication system implementation plan 
 adopted by the board with, to the extent possible, quantitative 
 information on the status, progress, costs, benefits, and 
 effects of each program.  

    The board shall transmit the evaluation to the Metropolitan 
 Council annually. 

    Subd. 3.    Council report to legislature.  Biennially 
 the council shall submit a report to the legislature detailing 
 the board's activities and finances for the previous year, the 
 extent to which the system has been expanded beyond the 
 metropolitan area, and the appropriateness of transferring 
 responsibility for the Metropolitan Radio Board to a state 
 agency. 

    Subd. 4.    Resale of services or capacity prohibited.  
 Neither the council, the board, or any local government unit may 
 resell any service or capacity of this system to a nonpublic 
 entity, except for those private entities eligible to hold 
 Federal Communications Commission licenses in the public safety 
 and special emergency radio services, as defined in Code of 
 Federal Regulations, title 47, part 90 (1994). 

    HIST: 1995 c 195 art 1 s 7; 1Sp2003 c 1 art 2 s 135 

     403.27 Revenue bonds; obligations. 

    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 
 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 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) 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 

    (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. 

    Subd. 2.    Procedure.  The bonds shall be sold, issued, 
 and secured in the manner provided in chapter 475 for bonds 
 payable solely from revenues, except as otherwise provided in 
 sections 403.21 to 403.34 and the council shall have the same 
 powers and duties as a municipality and its governing body in 
 issuing bonds under chapter 475.  The bonds may be sold at any 
 price and at public or private sale as determined by the council.

    The bonds shall be payable from and secured by a pledge of 
 the emergency telephone service fee provided in chapter 403 and 
 shall not represent or constitute a general obligation or debt 
 of the council and shall not be included in the net debt of any 
 city, county, or other subdivision of the state for the purpose 
 of any debt limitation. 

    Subd. 3.    Limitations.  (a) The principal amount of 
 the bonds issued pursuant to subdivision 1, exclusive of any 
 original issue discount, shall not exceed the amount of 
 $10,000,000 plus the amount the council determines necessary to 
 pay the costs of issuance, fund reserves, debt service, and pay 
 for any bond insurance or other credit enhancement. 

    (b) In addition to the amount authorized under paragraph 
 (a), the council may issue bonds under subdivision 1 in a 
 principal amount of $3,306,300, plus the amount the council 
 determines necessary to pay the cost of issuance, fund reserves, 
 debt service, and any bond insurance or other credit 
 enhancement.  The proceeds of bonds issued under this paragraph 
 may not be used to finance portable or subscriber radio sets. 

    (c) In addition to the amount authorized under paragraphs 
 (a) and (b), the council may issue bonds under subdivision 1 in 
 a principal amount of $18,000,000, plus the amount the council 
 determines necessary to pay the costs of issuance, fund 
 reserves, debt service, and any bond insurance or other credit 
 enhancement.  The proceeds of bonds issued under this paragraph 
 must be used to pay up to 50 percent of the cost to a local 
 government unit of building a subsystem and may not be used to 
 finance portable or subscriber radio sets.  The bond proceeds 
 may be used to make improvements to an existing 800 MHz radio 
 system that will interoperate with the regionwide public safety 
 radio communication system, provided that the improvements 
 conform to the board's plan and technical standards.  The 
 council must time the sale and issuance of the bonds so that the 
 debt service on the bonds can be covered by the additional 
 revenue that will become available in the fiscal year ending 
 June 30, 2005, generated under section 403.11 and appropriated 
 under section 403.30.  

    (d) In addition to the amount authorized under paragraphs 
 (a) to (c), the council may issue bonds under subdivision 1 in a 
 principal amount of up to $27,000,000, plus the amount the 
 council determines necessary to pay the costs of issuance, fund 
 reserves, debt service, and any bond insurance or other credit 
 enhancement.  The proceeds of bonds issued under this paragraph 
 are appropriated to the commissioner of public safety for phase 
 three of the public safety radio communication system.  In 
 anticipation of the receipt by the commissioner of public safety 
 of the bond proceeds, the Metropolitan Radio Board may advance 
 money from its operating appropriation to the commissioner of 
 public safety to pay for design and preliminary engineering for 
 phase three.  The commissioner of public safety must return 
 these amounts to the Metropolitan Radio Board when the bond 
 proceeds are received. 

    Subd. 4.    Security.  The bonds may be secured by a 
 bond resolution or a trust indenture entered into by the council 
 with a corporate trustee within or outside the state which shall 
 define the fee pledged for the payment and security of the bonds 
 and for payment of all necessary and reasonable debt service 
 expenses until all the bonds referred to in subdivision 1 are 
 fully paid or discharged in accordance with law.  The pledge 
 shall be a valid charge on the emergency telephone service fee 
 provided in chapter 403.  No mortgage of or security interest in 
 any tangible real or personal property shall be granted to the 
 bondholders or the trustee, but they shall have a valid security 
 interest in the revenues and bond proceeds received by the 
 council and pledged to the payment of the bonds as against the 
 claims of all persons in tort, contract, or otherwise, 
 irrespective of whether the parties have notice and without 
 possession or filing as provided in the Uniform Commercial Code, 
 or any other law, subject however to the rights of the holders 
 of any general obligation bonds issued under section 403.32.  In 
 the bond resolution or trust indenture, the council may make 
 covenants as it determines to be reasonable for the protection 
 of the bondholders. 

    Neither the council, nor any council member, officer, 
 employee, or agent of the council, nor any person executing the 
 bonds shall be liable personally on the bonds by reason of their 
 issuance.  The bonds are not payable from, and are not a charge 
 upon, any funds other than the revenues and bond proceeds 
 pledged to their payment.  The council is not subject to any 
 liability on the bonds and has no power to obligate itself to 
 pay or to pay the bonds from funds other than the revenues and 
 bond proceeds pledged.  No holder of bonds has the right to 
 compel any exercise of the taxing power of the council, except 
 any deficiency tax levy the council covenants to certify under 
 section 403.31, or any other public body, to the payment of 
 principal of or interest on the bonds.  No holder of bonds has 
 the right to enforce payment of principal or interest against 
 any property of the council or other public body other than that 
 expressly pledged for the payment of the bonds. 

    HIST: 1995 c 195 art 1 s 8; 1999 c 248 s 12; 2002 c 401 art 1 
 s 6,7; 2003 c 127 art 12 s 21; 1Sp2003 c 1 art 2 s 115,116,135; 
 1Sp2003 c 21 art 10 s 11; 2004 c 201 s 14 

     403.28 Depositories. 

    The Metropolitan Council shall, from time to time, 
 designate one or more national or state banks, or trust 
 companies authorized to do banking business, as official 
 depositories for money of the board and shall require the 
 board's treasurer to deposit all or a part of such money in 
 those institutions.  The designation shall be in writing and 
 shall set forth all the terms and conditions upon which the 
 deposits are made and shall be signed by the chair and treasurer 
 and made a part of the minutes of the board.  Any bank or trust 
 company designated shall qualify as a depository by furnishing a 
 corporate surety bond or collateral in the amounts required by 
 section 118A.03.  No bond or collateral shall be required to 
 secure any deposit insofar as it is insured under federal law. 

    HIST: 1995 c 195 art 1 s 9; 1996 c 399 art 2 s 12; 1Sp2003 c 1 
 art 2 s 135 

     403.29 Money; accounts; investments. 

    Subdivision 1.    Treasurer's duties.  All money 
 received by the Metropolitan Council under section 403.23, 
 subdivision 19, shall be deposited or invested by the board's 
 treasurer and disposed of as the board may direct in accordance 
 with its budget, provided that any money that has been pledged 
 or dedicated by the Metropolitan Council to the payment of 
 obligations or interest on them or expenses incident to them, or 
 for any other specific purpose authorized by law, shall be paid 
 by the board's treasurer into the fund to which they have been 
 pledged.  

    Subd. 2.    Funds and accounts established.  The 
 Metropolitan Council shall establish funds and accounts as may 
 be necessary or convenient to handle the receipts and 
 disbursements of the board in an orderly fashion. 

    Subd. 3.    Depositories; investments.  The money on 
 hand in the funds and accounts may be deposited in the official 
 depositories of the Metropolitan Council or invested as provided 
 in this subdivision.  The amount not currently needed or 
 required by law to be kept in cash on deposit, may be invested 
 in obligations authorized for the investment of public funds by 
 section 118A.04.  The money may also be held under certificates 
 of deposit issued by any official depository of the Metropolitan 
 Council.  

    Subd. 4.    Use of bond proceeds.  The use of proceeds 
 of all bonds issued by the Metropolitan Council for the purposes 
 enumerated in section 403.27, subdivision 1, other than 
 investment of all money on hand in any sinking fund or funds of 
 the council, shall be governed by the provisions of chapter 475, 
 the provisions of resolutions authorizing the issuance of the 
 bonds, and by the trust indenture.  

    HIST: 1995 c 195 art 1 s 10; 1996 c 399 art 2 s 10; 1Sp2003 c 
 1 art 2 s 135 

     403.30 Appropriation; transfers; budget. 

    Subdivision 1.    Standing appropriation; costs covered. 
  For each fiscal year beginning with the fiscal year 
 commencing July 1, 1997, the amount necessary to pay the 
 following costs is appropriated to the commissioner of public 
 safety from the 911 emergency telecommunications service account 
 established under section 403.11: 

    (1) debt service costs and reserves for bonds issued 
 pursuant to section 403.27; 

    (2) repayment of the right-of-way acquisition loans; 

    (3) costs of design, construction, maintenance of, and 
 improvements to those elements of the first, second, and third 
 phases that support mutual aid communications and emergency 
 medical services; 

    (4) recurring charges for leased sites and equipment for 
 those elements of the first, second, and third phases that 
 support mutual aid and emergency medical communication services; 
 or 

    (5) aid to local units of government for sites and 
 equipment in support of mutual aid and emergency medical 
 communications services. 

    This appropriation shall be used to pay annual debt service 
 costs and reserves for bonds issued pursuant to section 403.27 
 prior to use of fee money to pay other costs eligible under this 
 subdivision.  In no event shall the appropriation for each 
 fiscal year exceed an amount equal to four cents a month for 
 each customer access line or other basic access service, 
 including trunk equivalents as designated by the Public 
 Utilities Commission for access charge purposes and including 
 cellular and other nonwire access services, in the fiscal year.  
 Beginning July 1, 2004, this amount will increase to 13 cents a 
 month.  

    Subd. 2.    Radio board budget.  The Metropolitan 
 Council shall transmit the annual budget of the radio board to 
 the commissioner of public safety no later than December 15 of 
 each year.  The commissioner shall include all eligible costs 
 approved by the radio board for the regionwide public safety 
 communication system in the commissioner's request for 
 legislative appropriations from the 911 emergency 
 telecommunications service fee account.  

    Subd. 3.    Monthly appropriation transfers.  Each 
 month, before the 25th day of the month, the commissioner shall 
 transmit to the Metropolitan Council 1/12 of its total approved 
 appropriation for the regionwide public safety communication 
 system. 

    Subd. 4.    Implementation of phases three to six.  To 
 implement phases three to six of the statewide public safety 
 radio communication system, the commissioner of public safety 
 shall contract with the commissioner of transportation to 
 construct, own, operate, maintain, and enhance the elements of 
 phases three to six identified in the plan developed under 
 section 403.36.  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 phases three to six of the system. 

    HIST: 1Sp2003 c 1 art 2 s 117,135 

     403.31 Operating costs. 

    Subdivision 1.    Allocation of operating costs.  The 
 current costs of the board in implementing the regionwide public 
 safety radio communication plan system and the first and second 
 phase systems shall be allocated among and paid by the following 
 users, all in accordance with the regionwide public safety radio 
 system communication plan adopted by the board: 

    (1) the state of Minnesota for its operations using the 
 system in the metropolitan counties; 

    (2) all local government units using the system; and 

    (3) other eligible users of the system. 

    Subd. 2.    Payments to radio board; amounts due board 
 when payable.  Charges payable to the board by users of the 
 system may be made payable at those times during each year as 
 the board determines, but those dates shall be fixed with 
 reference to the dates on which tax, assessment, and revenue 
 collections become available to the government units required to 
 pay such charges.  

    Subd. 3.    Component municipalities obligations to board. 
  Each local government and other eligible users of the first 
 or second phase system shall pay to the board all sums charged 
 to it under this section, at the times and in the manner 
 determined by the board.  The governing body of each local 
 government shall take all action that may be necessary to 
 provide the funds required for these payments and to make them 
 when due.  

    Subd. 4.    Powers of government units.  To accomplish 
 any duty imposed on it by the council or radio board, the 
 governing body of every local government in the metropolitan 
 area may exercise the powers granted any municipality by 
 chapters 117, 412, 429, 475, and by sections 115.46, 444.075, 
 and 471.59. 

    Subd. 5.    Deficiency tax levies.  If the governing 
 body of any local government using the first or second phase 
 system fails to meet any payment to the board under subdivision 
 1 when due, the Metropolitan Council may certify to the auditor 
 of the county in which the government unit is located the amount 
 required for payment of the amount due with interest at six 
 percent per year.  The auditor shall levy and extend the amount 
 due, with interest, as a tax upon all taxable property in the 
 government unit for the next calendar year, free from any 
 existing limitations imposed by law or charter.  This tax shall 
 be collected in the same manner as the general taxes of the 
 government unit, and the proceeds of the tax, when collected, 
 shall be paid by the county treasurer to the board and credited 
 to the government unit for which the tax was levied.  

    Subd. 6.    Operating costs of phases three to six.  (a) 
 The ongoing costs of the commissioner in operating phases three 
 to six of the statewide public safety radio communication system 
 shall be allocated among and paid by the following users, all in 
 accordance with the statewide public safety radio communication 
 system plan developed by the planning committee under section 
 403.36: 

    (1) the state of Minnesota for its operations using the 
 system; 

    (2) all local government units using the system; and 

    (3) other eligible users of the system. 

    (b) Each local government and other eligible users of 
 phases three to six of the system shall pay to the commissioner 
 all sums charged under this section, at the times and in the 
 manner determined by the commissioner.  The governing body of 
 each local government shall take all action that may be 
 necessary to provide the funds required for these payments and 
 to make the payments when due.  

    HIST: 1995 c 195 art 1 s 12; 2002 c 401 art 1 s 9-11; 1Sp2003 
 c 1 art 2 s 118,135; 1Sp2003 c 21 art 4 s 11 

     403.32 Sale of general obligation bonds. 

    Subdivision 1.    Amount; purposes.  The Metropolitan 
 Council may by resolution authorize the issuance of general 
 obligation bonds of the council, in an amount outstanding and 
 undischarged at any time not more than $3,000,000, for which its 
 full faith and credit and taxing powers shall be pledged for the 
 council's share of the first phase.  The Metropolitan Council 
 may also issue general obligation bonds to refund outstanding 
 obligations issued under this section.  The amount of refunding 
 bonds that may be issued from time to time shall not be subject 
 to the dollar limitation contained in this subdivision nor the 
 refunding bonds be included in computing the amount of bonds 
 that may be issued within that dollar limitation.  

    Subd. 2.    Sale, terms, security.  The Metropolitan 
 Council shall sell and issue the bonds in the manner provided in 
 chapter 475 and shall have the same powers and duties as a 
 municipality issuing bonds under that law, except that the 
 approval of a majority of the electors shall not be required and 
 the net debt limitations shall not apply.  The bonds shall be 
 secured in accordance with section 475.61, subdivision 1, and 
 any taxes required for their payment shall be levied by the 
 council, shall not affect the amount or rate of taxes which may 
 be levied by the council for other purposes, and shall be levied 
 without limitation of rate or amount upon all taxable property 
 in the transit taxing district and transit area as provided in 
 section 473.446, subdivision 1. 

    Subd. 3.    Temporary loans.  The Metropolitan Council 
 may, after the authorization of bonds under this section, 
 provide funds immediately required for the purposes of 
 subdivision 1 by effecting temporary loans upon terms as it 
 shall by resolution determine, evidenced by notes due in not 
 exceeding 24 months from their date, payable to the order of the 
 lender or to the bearer, to be repaid with interest from the 
 proceeds of the bonds when issued and delivered to the 
 purchaser.  The temporary loans may be made without public 
 advertisement.  

    HIST: 1995 c 195 art 1 s 13; 1Sp2003 c 1 art 2 s 135 

     403.33 Local planning. 

    Subdivision 1.    County planning process.  (a) No later 
 than two years from May 22, 1995, each metropolitan county shall 
 undertake and complete a planning process for its public safety 
 radio subsystem to ensure participation by representatives of 
 local government units, quasi-public service organizations, and 
 private entities eligible to use the regional public safety 
 radio system and to ensure coordination and planning of the 
 local subsystems.  Local governments and other eligible users 
 shall cooperate with the county in its preparation of the 
 subsystem plan to ensure that local needs are met.  

    (b) The radio 
 board shall encourage the establishment by each metropolitan 
 county of local public safety radio subsystem committees 
 composed of representatives of local governments and other 
 eligible users for the purposes of:  

    (1) establishing a plan for coordinated and timely use of 
 the regionwide public safety radio system by the local 
 governments and other eligible users within each metropolitan 
 county; and 

    (2) assisting and advising the board in its implementation 
 of the regional public safety radio plan by identification of 
 local service needs and objectives. 

    (c) The board shall also encourage the establishment of joint 
 or multicounty planning for the regionwide public safety radio 
 system and subsystems. 

    (d) The board may provide local boards with whatever assistance 
 it deems necessary and appropriate.  

    (e) No metropolitan county or city of the first class shall be 
 required to undertake a technical subsystem design to meet the 
 planning process requirements of this subdivision or subdivision 
 2. 

    Subd. 2.    Cities of first class; planning process.  
 Each city of the first class in the metropolitan counties shall 
 have the option to participate in the county public safety radio 
 subsystem planning process or develop its own plan.  

    Subd. 3.    Submission of plans to board.  Each 
 metropolitan county and each city of the first class in the 
 metropolitan area which has chosen to develop its own plan shall 
 submit the plan to the board for the board's review and approval.

    Subd. 4.    Local government joinder.  Local government 
 units, except for cities of the first class, quasi-public 
 service organizations, and private entities eligible to use the 
 regional public safety radio system cannot join the system until 
 its county plan has been approved by the board. 

    HIST: 1995 c 195 art 1 s 14; 1Sp2003 c 1 art 2 s 135 

     403.34 Optional local use of regional system. 

    Subdivision 1.    Options.  Use of the regional public 
 safety radio system by local governments, quasi-public service 
 organizations, and private entities eligible to use the system 
 shall be optional and no local government or other eligible user 
 of the system shall be required to abandon or modify current 
 public safety radio communication systems or purchase new 
 equipment until the local government or other eligible user 
 elects to join the system.  Public safety radio communication 
 service to local governments and other eligible users who do not 
 initially join the system shall not be interrupted.  No local 
 government or other eligible users who do not join the system 
 shall be charged a user fee for the use of the system.  

    Subd. 2.    Requirements to join.  Local governments and 
 other entities eligible to join the regional public safety radio 
 system which elect to join the system must do so in accordance 
 with and meet the requirements of the provisions of the plan 
 adopted by the radio board as provided in section 403.23, 
 subdivision 2.  

    HIST: 1995 c 195 art 1 s 15; 1Sp2003 c 1 art 2 s 135 

     403.35 Continuation of enhancements to regional system. 

    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.  

    HIST: 1999 c 238 art 2 s 76; 1Sp2003 c 1 art 2 s 135; 2004 c 
 201 s 15 

     403.36 Statewide Radio Board. 

    Subdivision 1.    Membership.  (a) The commissioner of 
 public safety shall convene and chair 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 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 

    (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. 

    (c) 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 meeting.  The board shall convene 
 upon the call of the chair or any six members of the board.  

    Subd. 1e.    Implement plan and establish statewide 
 system.  The Statewide Radio Board has overall responsibility 
 for the statewide, shared radio and communication system project 
 plan.  The commissioner of public safety shall implement the 
 plan adopted by the Statewide Radio Board.  The commissioner of 
 public safety 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.  

    Subd. 1f.    Advisory groups.  (a) The 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 
 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; 

    (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 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 communication system; and 

    (4) 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 communication 
 transmission needs and second to any other communications 
 transmission needs of either the public or private sector. 

    (b) The 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 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 communication system must have a plan 
 approved by the Statewide Radio Board and must comply with the 
 standards and guidelines contained in the project plan.  The 
 Statewide Radio Board must review and approve all local and 
 regional planning initiatives for connectivity to the system to 
 assure compatibility, interoperability and integration support 
 with the system and plan standards.  As part of the review the 
 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.  In conjunction with each 
 biennial budget process, the 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.  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 of those efforts.  

    HIST: 2002 c 401 art 1 s 12; 1Sp2003 c 1 art 2 s 119,135; 2004 
 c 201 s 16 

     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.

    HIST: 2004 c 201 s 17 

     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.  

    HIST: 2004 c 201 s 18 

     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.  

    HIST: 2004 c 201 s 19 

     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.  

    HIST: 2004 c 201 s 20