1.1                          A bill for an act 
  1.2             relating to public safety; modifying emergency 911 
  1.3             telephone system provisions to establish emergency 911 
  1.4             telecommunications system; amending Minnesota Statutes 
  1.5             2000, sections 403.01; 403.02, subdivisions 3, 6, 7, 
  1.6             by adding subdivisions; 403.05; 403.06; 403.07; 
  1.7             403.08; 403.09; 403.10, subdivision 1; 403.11, 
  1.8             subdivisions 3, 4, by adding subdivisions; 403.113, 
  1.9             subdivision 1; Minnesota Statutes 2001 Supplement, 
  1.10            section 403.11, subdivision 1; repealing Minnesota 
  1.11            Statutes 2000, sections 403.04; 403.11, subdivision 2; 
  1.12            403.113, subdivision 5; 403.12, subdivision 1; 403.13; 
  1.13            403.14; Minnesota Rules, parts 1215.0400; 1215.0600; 
  1.14            1215.0700; 1215.1200, subpart 3; 1215.1500. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 403.01, is 
  1.17  amended to read: 
  1.18     403.01 [911 EMERGENCY ~~TELEPHONE~~ TELECOMMUNICATIONS SYSTEM 
  1.19  REQUIRED.] 
  1.20     Subdivision 1.  [GENERAL REQUIREMENT.] Each county ~~in the~~ 
  1.21  ~~metropolitan area~~ shall ~~establish~~ operate and maintain a 911 
  1.22  emergency ~~telephone~~ telecommunications system ~~on or before~~ 
  1.23  ~~December 15, 1982 and each remaining county shall establish a~~ 
  1.24  ~~911 emergency telephone system on or before December 15, 1986~~. 
  1.25     Subd. 1a.  [EMERGENCY TELEPHONE NUMBER 911.] The digits 
  1.26  911, so designated by the Federal Communications Commission, 
  1.27  must be the primary emergency telephone number within the 
  1.28  system.  A public safety agency may maintain a separate 
  1.29  secondary backup number for emergency calls and shall maintain a 
  1.30  separate number for nonemergency telephone calls. 
  2.1      Subd. 2.  [MULTIJURISDICTIONAL SYSTEM.] The 911 systems may 
  2.2   be multijurisdictional and regional in character provided that 
  2.3   design and implementation are preceded by cooperative planning 
  2.4   on a county-by-county basis with local public safety agencies. 
  2.5      Subd. 3.  [WIRELINE REQUIREMENTS.] Every owner and operator 
  2.6   of a wireline telecommunications system shall design and 
  2.7   maintain the system to dial the 911 number without charge to the 
  2.8   caller. 
  2.9      Subd. 4.  [WIRELESS REQUIREMENTS.] Every owner and operator 
  2.10  of a wireless telecommunications system shall design and 
  2.11  maintain the system to dial the 911 number without charge to the 
  2.12  caller. 
  2.13     Subd. 5.  [PAY PHONE REQUIREMENTS.] Every pay phone owner 
  2.14  and operator shall permit dialing of the 911 number without coin 
  2.15  and without charge to the caller. 
  2.16     Subd. 6.  [MULTISTATION OR PBX SYSTEM.] Every owner and 
  2.17  operator of a multistation or private branch exchange (PBX) 
  2.18  telecommunications system shall design and maintain the system 
  2.19  to dial the 911 number without charge to the caller. 
  2.20     Subd. 7.  [CONTRACTUAL REQUIREMENT.] (a) The state, 
  2.21  together with the county or other governmental agencies 
  2.22  operating public safety answering points, shall contract with 
  2.23  the appropriate wireline telecommunications service providers 
  2.24  for the operation, maintenance, enhancement, and expansion of 
  2.25  the 911 system. 
  2.26     (b) The state shall contract with the appropriate wireless 
  2.27  telecommunications service providers for maintaining, enhancing, 
  2.28  and expanding the 911 system. 
  2.29     (c) The contract language or subsequent amendments to the 
  2.30  contract must include a description of the services to be 
  2.31  furnished by wireless and wireline telecommunications service 
  2.32  providers to the county or other governmental agencies operating 
  2.33  public safety answering points, as well as compensation based on 
  2.34  the effective tariff or price list approved by the public 
  2.35  utilities commission.  The contract language or subsequent 
  2.36  amendments must include the terms of compensation based on the 
  3.1   effective tariff or price list filed with the public utilities 
  3.2   commission or the prices agreed to by the parties. 
  3.3      (d) The contract language or subsequent amendments to 
  3.4   contracts between the parties must contain a provision for 
  3.5   resolving disputes. 
  3.6      Sec. 2.  Minnesota Statutes 2000, section 403.02, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  [~~PUBLIC~~ GOVERNMENTAL AGENCY.] "~~Public~~ 
  3.9   Governmental agency" means any unit of local government or 
  3.10  special purpose district located in whole or in part within this 
  3.11  state ~~which~~ that provides or has authority to provide fire 
  3.12  fighting, police, ambulance, medical, or other emergency 
  3.13  services. 
  3.14     Sec. 3.  Minnesota Statutes 2000, section 403.02, 
  3.15  subdivision 6, is amended to read: 
  3.16     Subd. 6.  [~~MINIMUM~~ 911 SERVICE STANDARDS.] "~~Minimum~~ 911 
  3.17  service" means a ~~telephone~~ telecommunications service ~~meeting~~ 
  3.18  ~~the design standards established pursuant to section 403.07,~~ 
  3.19  ~~which~~ that automatically connects a person dialing the digits 
  3.20  911 to an established public safety answering point.  ~~Minimum~~ 
  3.21  911 service includes (1) equipment for connecting and 
  3.22  outswitching 911 calls within a telephone central office, 
  3.23  trunking facilities from the central office to a public safety 
  3.24  answering point; (2) equipment, as appropriate, for 
  3.25  automatically selectively routing 911 calls in situations where 
  3.26  one telephone central office serves more than one public safety 
  3.27  answering point; and (3) provision of automatic location 
  3.28  identification if the public safety answering point has the 
  3.29  capability of providing that service. 
  3.30     Sec. 4.  Minnesota Statutes 2000, section 403.02, 
  3.31  subdivision 7, is amended to read: 
  3.32     Subd. 7.  [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 
  3.33  location identification" means the process of electronically 
  3.34  identifying and displaying on a special viewing screen the name 
  3.35  of the subscriber and the ~~address~~ location, where available, of 
  3.36  the calling telephone number to a person answering a 911 
  4.1   emergency call. 
  4.2      Sec. 5.  Minnesota Statutes 2000, section 403.02, is 
  4.3   amended by adding a subdivision to read: 
  4.4      Subd. 11.  [WIRELINE TELECOMMUNICATIONS SERVICE 
  4.5   PROVIDER.] "Wireline telecommunications service provider" means 
  4.6   a person, firm, association, corporation, or other legal entity, 
  4.7   however organized, or combination of them, authorized by state 
  4.8   or federal regulatory agencies to furnish telecommunications 
  4.9   service, including local service, over wireline facilities. 
  4.10     Sec. 6.  Minnesota Statutes 2000, section 403.02, is 
  4.11  amended by adding a subdivision to read: 
  4.12     Subd. 12.  [WIRELESS TELECOMMUNICATIONS SERVICE 
  4.13  PROVIDER.] "Wireless telecommunications service provider" means 
  4.14  a provider of commercial mobile radio services, as that term is 
  4.15  defined in United States Code, title 47, section 332, subsection 
  4.16  (d), including all broadband personal communications services, 
  4.17  wireless radio telephone services, geographic area specialized 
  4.18  and enhanced specialized mobile radio services, and incumbent 
  4.19  wide area specialized mobile radio licensees, that offers real 
  4.20  time, two-way voice service interconnected with the public 
  4.21  switched telephone network and that is doing business in the 
  4.22  state of Minnesota. 
  4.23     Sec. 7.  Minnesota Statutes 2000, section 403.05, is 
  4.24  amended to read: 
  4.25     403.05 [~~DESIGN~~ OPERATION AND MAINTENANCE OF 911 ~~SYSTEM,~~ 
  4.26  ~~GENERALLY~~ SYSTEMS.] 
  4.27     Subdivision 1.  [OPERATE AND MAINTAIN.] Each county or any 
  4.28  other governmental agency shall ~~design~~ operate and maintain its 
  4.29  911 system to meet the requirements of governmental agencies 
  4.30  whose services are available through the 911 system and to 
  4.31  permit future expansion or enhancement of the system.  Each 
  4.32  county or any other governmental agency shall ensure that a 911 
  4.33  emergency call made with a wireless access device is 
  4.34  automatically connected to and answered by the appropriate 
  4.35  public safety answering point. 
  4.36     Subd. 2.  [REQUIREMENTS.] Each county or any other 
  5.1   governmental agency shall maintain and update its 911 system 
  5.2   plans as required under Minnesota Rules, chapter 1215. 
  5.3      Subd. 3.  [AGREEMENTS FOR SERVICE.] Each county and any 
  5.4   other governmental agency shall contract with the state and 
  5.5   wireline telecommunications service providers for the recurring 
  5.6   and nonrecurring costs associated with operating and maintaining 
  5.7   911 emergency communications systems. 
  5.8      Sec. 8.  Minnesota Statutes 2000, section 403.06, is 
  5.9   amended to read: 
  5.10     403.06 [~~911 SYSTEM PLANNING AND COORDINATION~~ DEPARTMENT 
  5.11  DUTIES.] 
  5.12     Subdivision 1.  [DUTIES.] The department of administration 
  5.13  shall coordinate the ~~implementation~~ maintenance of 911 
  5.14  systems ~~on or before the deadlines established in section~~ 
  5.15  ~~403.01~~.  The department shall aid counties in the formulation of 
  5.16  concepts, methods and procedures which will improve the 
  5.17  operation and maintenance of 911 systems.  The department shall 
  5.18  establish procedures for determining and evaluating requests for 
  5.19  variations from the established design standards.  The 
  5.20  department shall respond to requests by wireless or wireline 
  5.21  telecommunications service providers or by counties or other 
  5.22  governmental agencies for system agreements, contracts, and 
  5.23  tariff language promptly and no later than within 45 days of the 
  5.24  request unless otherwise mutually agreed to by the parties.  The 
  5.25  department shall prepare a biennial budget for maintaining the 
  5.26  911 system.  The department shall prepare an annual report to 
  5.27  the legislature detailing the expenditures for maintaining the 
  5.28  911 system, the 911 fees collected, the balance of the 911 fund, 
  5.29  and the 911-related administrative expenses of the department.  
  5.30  The department is authorized to expend funds that have been 
  5.31  appropriated to pay for the maintenance, enhancements, and 
  5.32  expansion of the 911 system. 
  5.33     Subd. 2.  [WAIVER.] Any county, other governmental agency, 
  5.34  wireless telecommunications service provider, or wireline 
  5.35  telecommunications service provider may petition the department 
  5.36  of administration for a waiver of all or portions of the 
  6.1   requirements.  A waiver may be granted upon a demonstration by 
  6.2   the petitioner that the requirement is economically infeasible. 
  6.3      Sec. 9.  Minnesota Statutes 2000, section 403.07, is 
  6.4   amended to read: 
  6.5      403.07 [STANDARDS ESTABLISHED; DATA PRIVACY.] 
  6.6      Subdivision 1.  [RULES.] The department of administration 
  6.7   shall establish and adopt in accordance with chapter 14, rules 
  6.8   for the administration of this chapter and for the development 
  6.9   of 911 systems in the state including: 
  6.10     (a) design standards for 911 systems incorporating the 
  6.11  standards adopted pursuant to subdivision 2 for the seven-county 
  6.12  metropolitan area; and 
  6.13     (b) a procedure for determining and evaluating requests for 
  6.14  variations from the established design standards. 
  6.15     Subd. 2.  [DESIGN STANDARDS.] The metropolitan ~~council~~ 911 
  6.16  board shall establish and adopt design standards for the 
  6.17  metropolitan area 911 system and transmit them to the department 
  6.18  of administration for incorporation into the rules adopted 
  6.19  pursuant to this section. 
  6.20     Subd. 3.  [DATABASE.] In 911 systems that have been 
  6.21  approved by the department of administration for a local 
  6.22  location identification ~~base~~ database, each ~~public utility~~ 
  6.23  ~~providing telephone~~ wireline telecommunications service provider 
  6.24  shall provide current customer names, service addresses, and 
  6.25  telephone numbers to each public safety answering point within 
  6.26  the 911 system and shall update the information according to a 
  6.27  schedule prescribed by the county 911 plan. Information provided 
  6.28  under this subdivision must be provided in accordance with the 
  6.29  transactional record disclosure requirements of the federal 
  6.30  Electronic Communications Privacy Act of 1986, United States 
  6.31  Code, title 18, section 2703, subsection (c), paragraph (1), 
  6.32  clause (B)(iv).  
  6.33     Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
  6.34  and telephone numbers provided to a 911 system under subdivision 
  6.35  3 are private data and may be used only for identifying the 
  6.36  location or identity, or both, of a person calling a 911 public 
  7.1   safety answering point.  The information furnished under 
  7.2   subdivision 3 may not be used or disclosed by 911 system 
  7.3   agencies, their agents, or their employees for any other purpose 
  7.4   except under a court order.  
  7.5      Subd. 5.  [LIABILITY.] A wireline telecommunications 
  7.6   service provider, its employees, or its agents are not liable to 
  7.7   any person who uses enhanced 911 telecommunications service for 
  7.8   release of subscriber information required under this chapter to 
  7.9   any public safety answering point.  A ~~telephone company~~ 
  7.10  ~~or~~ wireline telecommunications service provider is not liable to 
  7.11  any person for the good faith release to emergency 
  7.12  communications personnel of information not in the public 
  7.13  record, including, but not limited to, nonpublished or nonlisted 
  7.14  telephone numbers.  A wireline telecommunications service 
  7.15  provider, its employees, or its agents are not liable to any 
  7.16  person for civil damages resulting from or caused by any act or 
  7.17  omission in the development, design, installation, operation, 
  7.18  maintenance, performance, or provision of enhanced 911 
  7.19  telecommunications service, except for willful or wanton 
  7.20  misconduct. 
  7.21     Sec. 10.  Minnesota Statutes 2000, section 403.08, is 
  7.22  amended to read: 
  7.23     403.08 [~~911 SYSTEM PLANS SUBMITTED; CHANGE; WAIVER~~ WIRELESS 
  7.24  TELECOMMUNICATIONS SERVICE PROVIDER.] 
  7.25     ~~Subdivision 1.  [TENTATIVE PLAN.] (a) Before December 15,~~ 
  7.26  ~~1978, each county shall submit tentative plans for the~~ 
  7.27  ~~establishment of a 911 system to the public utility or utilities~~ 
  7.28  ~~providing public telephone service within the county, to the~~ 
  7.29  ~~department of administration and to the public utilities~~ 
  7.30  ~~commission.~~ 
  7.31     ~~(b) The department of administration shall review the plan~~ 
  7.32  ~~for consistency with the standards adopted pursuant to section~~ 
  7.33  ~~403.07 and report its findings to the county within six months~~ 
  7.34  ~~of receipt of the plan.~~ 
  7.35     ~~(c) The public utilities commission shall review the plan~~ 
  7.36  ~~and comment to the county within six months of the receipt of~~ 
  8.1   ~~the plan.~~ 
  8.2      ~~(d) Each public utility providing telephone service within~~ 
  8.3   ~~the county shall review the plan and transmit to the county good~~ 
  8.4   ~~faith estimates of local system implementation expenses within~~ 
  8.5   ~~six months of the receipt of the plan.~~ 
  8.6      ~~Subd. 2.  [FINAL PLAN.] (a) Before December 15, 1979, each~~ 
  8.7   ~~county shall submit final plans for the establishment of a 911~~ 
  8.8   ~~system to the public utility or utilities providing public~~ 
  8.9   ~~telephone service within the county, to the department of~~ 
  8.10  ~~administration and to the public utilities commission.  The~~ 
  8.11  ~~final plan shall include a description of all capital and~~ 
  8.12  ~~recurring costs for the proposed 911 system.~~ 
  8.13     ~~(b) The department of administration shall review the final~~ 
  8.14  ~~plan for consistency with the standards adopted pursuant to~~ 
  8.15  ~~section 403.07 and approve or disapprove the plan within six~~ 
  8.16  ~~months of receipt.~~ 
  8.17     ~~(c) The public utilities commission shall review the final~~ 
  8.18  ~~plan and determine that portion of plan implementation capital~~ 
  8.19  ~~costs which may be applied to the utility company rate base and~~ 
  8.20  ~~report findings to the county within six months of receipt of~~ 
  8.21  ~~the plan.~~ 
  8.22     ~~Subd. 3.  [IMPLEMENTATION CONTRACT.] After department of~~ 
  8.23  ~~administration approval of design and public utilities~~ 
  8.24  ~~commission report of findings, each county, together with the~~ 
  8.25  ~~department of administration and the local governmental units or~~ 
  8.26  ~~public agencies operating public safety answering points, shall~~ 
  8.27  ~~contract with the appropriate public utility or utilities for~~ 
  8.28  ~~the implementation of the approved 911 system plan.~~ 
  8.29     ~~Subd. 4.  [EXCEPTION.] Each county implementing a 911~~ 
  8.30  ~~system before December 15, 1978, shall submit to the department~~ 
  8.31  ~~of administration and the public utilities commission in lieu of~~ 
  8.32  ~~the required plan a report describing the system and stating its~~ 
  8.33  ~~operational date.~~ 
  8.34     ~~Subd. 5.  [SYSTEM CHANGE AFTER DECEMBER 14, 1978.] Any~~ 
  8.35  ~~subsequent changes to 911 systems described in subdivision 4~~ 
  8.36  ~~shall conform to standards established by the department of~~ 
  9.1   ~~administration pursuant to section 403.07.~~ 
  9.2      ~~Subd. 6.  [WAIVER.] After adoption of final 911 system~~ 
  9.3   ~~plans, any county or utility may petition the department of~~ 
  9.4   ~~administration for a waiver of all or portions of the~~ 
  9.5   ~~requirements or time limits of sections 403.01 to 403.08.~~  
  9.6   ~~Waivers shall be granted upon a demonstration by petitioner that~~ 
  9.7   ~~the requirement is economically infeasible in the sense that~~ 
  9.8   ~~federal or state funding for the initial capital investment~~ 
  9.9   ~~required of the county to implement a 911 system is not~~ 
  9.10  ~~available.~~ 
  9.11     Subd. 7.  [~~CELLULAR OR OTHER NONWIRE PROVIDER~~ DUTIES.] ~~(a)~~ 
  9.12  Each ~~cellular and other~~ wireless ~~access~~ telecommunications 
  9.13  service provider shall cooperate in planning and implementing 
  9.14  integration with enhanced 911 systems operating in their service 
  9.15  territories to meet Federal Communications Commission-enhanced 
  9.16  911 standards.  By August 1, 1997, each 911 emergency ~~telephone~~ 
  9.17  telecommunications service provider operating enhanced 911 
  9.18  systems, in cooperation with each involved ~~cellular or other~~ 
  9.19  wireless ~~access~~ telecommunications service provider, shall 
  9.20  develop and provide to the commissioner good-faith estimates of 
  9.21  installation and recurring expenses to integrate 
  9.22  ~~cellular~~ wireless 911 service into the enhanced 911 networks to 
  9.23  meet Federal Communications Commission phase one wireless 
  9.24  enhanced 911 standards.  The commissioner shall coordinate with 
  9.25  counties and affected public safety agency representatives in 
  9.26  developing a statewide design and plan for implementation.  
  9.27     ~~(b)~~ Subd. 8.  [SCHEDULE.] Planning shall be completed by 
  9.28  October 1, 1997, for the metropolitan area and shall be 
  9.29  completed by December 1, 1997, for the areas outside of the 
  9.30  metropolitan area.  
  9.31     ~~(c)~~ Subd. 9.  [SCOPE.] Planning considerations must include 
  9.32  cost, degree of integration into existing 911 systems, the 
  9.33  retention of existing 911 infrastructure, and the potential 
  9.34  implications of phase 2 of the Federal Communications Commission 
  9.35  wireless enhanced 911 standards.  
  9.36     ~~(d)~~ Subd. 10.  [PLAN INTEGRATION.] Counties shall 
 10.1   incorporate the statewide design when modifying county 911 plans 
 10.2   to provide for integrating wireless 911 service into existing 
 10.3   county 911 systems.  The commissioner shall contract with the 
 10.4   involved wireless service providers and 911 service providers to 
 10.5   integrate cellular and other wireless services into existing 911 
 10.6   systems where feasible. 
 10.7      Subd. 11.  [LIABILITY.] No wireless enhanced 911 emergency 
 10.8   telecommunications service provider, its employees, or its 
 10.9   agents are liable to any person for civil damages resulting from 
 10.10  or caused by any act or omission in the development, design, 
 10.11  installation, operation, maintenance, performance, or provision 
 10.12  of enhanced 911 wireless service, except for willful or wanton 
 10.13  misconduct.  No wireless carrier, its employees, or its agents 
 10.14  are liable to any person who uses enhanced 911 wireless service 
 10.15  for release of subscriber information required under this 
 10.16  chapter to any public safety answering point. 
 10.17     Subd. 12.  [NOTIFICATION OF SUBSCRIBER.] A provider of 
 10.18  wireless telecommunications services shall notify its 
 10.19  subscribers at the time of initial subscription and four times 
 10.20  per year thereafter that a 911 emergency call made from a 
 10.21  wireless telephone is not always answered by a local public 
 10.22  safety answering point but may be routed to a state patrol 
 10.23  dispatcher and that, accordingly, the caller must provide 
 10.24  specific information regarding the caller's location.  
 10.25     Sec. 11.  Minnesota Statutes 2000, section 403.09, is 
 10.26  amended to read: 
 10.27     403.09 [ENFORCEMENT.] 
 10.28     Subdivision 1.  [DEPARTMENT AUTHORITY.] At the request of 
 10.29  the department of administration, the attorney general may 
 10.30  commence proceedings in the district court against any person or 
 10.31  public or private body to enforce the provisions of this chapter.
 10.32     Subd. 2.  [PUBLIC UTILITIES COMMISSION AUTHORITY.] At the 
 10.33  request of the public utilities commission, the attorney general 
 10.34  may commence proceedings before the district court pursuant to 
 10.35  section 237.27, against any ~~public utility providing~~ 
 10.36  ~~telephone~~ wireline telecommunications service ~~which~~ provider 
 11.1   that refuses to comply with this chapter. 
 11.2      Subd. 3.  [DISPUTE RESOLUTION.] Disputes between parties 
 11.3   must be resolved pursuant to section 403.01, subdivision 7, 
 11.4   paragraph (d). 
 11.5      Sec. 12.  Minnesota Statutes 2000, section 403.10, 
 11.6   subdivision 1, is amended to read: 
 11.7      Subdivision 1.  [AUTHORITY.] ~~In counties implementing 911~~ 
 11.8   ~~systems pursuant to sections 403.01 to 403.08,~~ All public 
 11.9   agencies and counties ~~which~~ that are part of different 911 
 11.10  systems but share common boundary lines may enter into 
 11.11  cooperative agreements ~~which shall~~ to provide that once an 
 11.12  emergency unit is dispatched in response to a request through 
 11.13  the system, the unit shall render its services to the requesting 
 11.14  party without regard to jurisdictional boundaries. 
 11.15     Sec. 13.  Minnesota Statutes 2001 Supplement, section 
 11.16  403.11, subdivision 1, is amended to read: 
 11.17     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 11.18  customer of a ~~telephone company or communications carrier that~~ 
 11.19  ~~provides~~ wireless or wireline telecommunications service 
 11.20  provider that furnishes service capable of originating a 911 
 11.21  emergency telephone call is assessed a fee to cover the costs of 
 11.22  ongoing maintenance and related improvements for trunking and 
 11.23  central office switching equipment for ~~minimum~~ 911 emergency 
 11.24  ~~telephone~~ telecommunications service, plus administrative and 
 11.25  staffing costs of the department of administration related to 
 11.26  managing the 911 emergency ~~telephone~~ telecommunications service 
 11.27  program.  Recurring charges by a ~~public utility providing~~ 
 11.28  ~~telephone service~~ wireline telecommunications service provider 
 11.29  for updating the information required by section 403.07, 
 11.30  subdivision 3, must be paid by the commissioner of 
 11.31  administration if the ~~utility~~ wireline telecommunications 
 11.32  service provider is included in an approved 911 plan and the 
 11.33  charges ~~have been certified and approved under subdivision 3~~ are 
 11.34  made pursuant to tariff, price list, or contract.  The 
 11.35  commissioner of administration shall transfer an amount equal to 
 11.36  two cents a month from the fee assessed under this section 
 12.1   on ~~cellular and other nonwire access~~ wireless telecommunications 
 12.2   services to the commissioner of public safety for the purpose of 
 12.3   offsetting the costs, including administrative and staffing 
 12.4   costs, incurred by the state patrol division of the department 
 12.5   of public safety in handling 911 emergency calls made 
 12.6   from ~~cellular~~ wireless phones.  
 12.7      (b) Money remaining in the 911 emergency ~~telephone~~ 
 12.8   telecommunications service account after all other obligations 
 12.9   are paid must not cancel and is carried forward to subsequent 
 12.10  years and may be appropriated from time to time to the 
 12.11  commissioner of administration to provide financial assistance 
 12.12  to counties for the improvement of local emergency 
 12.13  ~~telephone~~ telecommunications services.  The improvements may 
 12.14  include providing access to ~~minimum~~ 911 service for ~~telephone~~ 
 12.15  telecommunications service subscribers currently without access 
 12.16  and upgrading existing 911 service to include automatic number 
 12.17  identification, local location identification, automatic 
 12.18  location identification, and other improvements specified in 
 12.19  revised county 911 plans approved by the department. 
 12.20     ~~(b)~~ (c) The fee is 27 cents a month for each customer 
 12.21  access line or other basic access service, including trunk 
 12.22  equivalents as designated by the public utilities commission for 
 12.23  access charge purposes and including ~~cellular and other nonwire~~ 
 12.24  ~~access~~ wireless telecommunications services.  The fee must be 
 12.25  the same for all customers.  
 12.26     ~~(c)~~ (d) The fee must be collected by each ~~company or~~ 
 12.27  ~~carrier providing service~~ wireless or wireline 
 12.28  telecommunications service provider subject to the fee.  Fees 
 12.29  are payable to and must be submitted to the commissioner of 
 12.30  administration monthly before the 25th of each month following 
 12.31  the month of collection, except that fees may be submitted 
 12.32  quarterly if less than $250 a month is due, or annually if less 
 12.33  than $25 a month is due.  Receipts must be deposited in the 
 12.34  state treasury and credited to a 911 emergency ~~telephone~~ 
 12.35  telecommunications service account in the special revenue fund.  
 12.36  The money in the account may only be used for 911 
 13.1   ~~telephone~~ telecommunications services as provided in paragraph 
 13.2   (a).  
 13.3      ~~(d)~~ (e) This subdivision does not apply to customers of ~~a~~ 
 13.4   ~~telecommunications carrier as defined in section 237.01,~~ 
 13.5   ~~subdivision 6~~ interexchange carriers. 
 13.6      (f) The installation and recurring charges for integrating 
 13.7   wireless 911 calls into enhanced 911 systems must be paid by the 
 13.8   commissioner if the 911 service provider is included in the 
 13.9   statewide design plan and the charges are made pursuant to 
 13.10  tariff, price list, or contract. 
 13.11     Sec. 14.  Minnesota Statutes 2000, section 403.11, 
 13.12  subdivision 3, is amended to read: 
 13.13     Subd. 3.  [METHOD OF PAYMENT~~; CERTIFICATION~~.] ~~A public~~ 
 13.14  ~~utility~~ (a) Any wireless or wireline telecommunications service 
 13.15  provider incurring reimbursable costs under subdivision 1 ~~or 2~~ 
 13.16  shall ~~certify those costs~~ submit an invoice itemizing rate 
 13.17  elements by county or service area to the commissioner of 
 13.18  administration~~.  The certification shall be in a form as~~ 
 13.19  ~~prescribed by the commissioner after consultation with the~~ 
 13.20  ~~public utilities commission.  If the commissioner and the~~ 
 13.21  ~~commission approve the certified costs as appropriate and~~ 
 13.22  ~~accurate,~~ for 911 services furnished under tariff, price list, 
 13.23  or contract.  Any wireless or wireline telecommunications 
 13.24  service provider is eligible to receive payment for 911 services 
 13.25  rendered according to the terms and conditions specified in the 
 13.26  contract.  Competitive local exchange carriers holding 
 13.27  certificates of authority from the public utilities commission 
 13.28  are eligible to receive payment for recurring 911 services 
 13.29  provided after July 1, 2001.  The commissioner shall pay 
 13.30  the ~~certified costs from money appropriated for that~~ 
 13.31  ~~purpose~~ invoice within ~~90~~ 30 days following receipt ~~by the~~ 
 13.32  ~~commissioner of the certified costs~~ of the invoice unless the 
 13.33  commissioner notifies the service provider that the commissioner 
 13.34  disputes the invoice.  
 13.35     (b) The commissioner of administration shall estimate the 
 13.36  amount required to reimburse ~~public utilities~~ wireless and 
 14.1   wireline telecommunications service providers for the state's 
 14.2   obligations under ~~subdivisions~~ subdivision 1 ~~and 2~~ and the 
 14.3   governor shall include the estimated amount in the biennial 
 14.4   budget request.  
 14.5      Sec. 15.  Minnesota Statutes 2000, section 403.11, is 
 14.6   amended by adding a subdivision to read: 
 14.7      Subd. 3a.  [TIMELY CERTIFICATION.] A certification must be 
 14.8   submitted to the commissioner of administration no later than 
 14.9   two years after commencing a new or additional eligible 911 
 14.10  service.  Any wireless or wireline telecommunications service 
 14.11  provider incurring reimbursable costs under this section at any 
 14.12  time before January 1, 2003, may certify those costs for payment 
 14.13  to the commissioner of administration according to this section 
 14.14  for a period of 90 days after January 1, 2003.  During this 
 14.15  period, the commissioner of administration shall reimburse any 
 14.16  wireless or wireline telecommunications service provider for 
 14.17  approved, certified costs without regard to any contrary 
 14.18  provision of this subdivision.  
 14.19     Sec. 16.  Minnesota Statutes 2000, section 403.11, is 
 14.20  amended by adding a subdivision to read: 
 14.21     Subd. 3b.  [CERTIFICATION.] All wireless and wireline 
 14.22  telecommunications service providers shall submit a 
 14.23  self-certification form signed by an officer of the company to 
 14.24  the department of administration with invoices for payment of an 
 14.25  initial or changed service described in the service provider's 
 14.26  911 contract.  The self-certification must affirm that the 911 
 14.27  service contracted for is being provided and the costs invoiced 
 14.28  for the service are true and correct.  All certifications are 
 14.29  subject to verification and audit.  
 14.30     Sec. 17.  Minnesota Statutes 2000, section 403.11, is 
 14.31  amended by adding a subdivision to read: 
 14.32     Subd. 3c.  [AUDIT.] If the commissioner of administration 
 14.33  determines that an audit is necessary to document the 
 14.34  certification described in subdivision 3b, the wireless or 
 14.35  wireline telecommunications service provider shall contract with 
 14.36  an independent certified public accountant to conduct the audit, 
 15.1   which must be conducted according to generally accepted 
 15.2   accounting principles.  The wireless or wireline 
 15.3   telecommunications service provider is responsible for any costs 
 15.4   associated with the audit. 
 15.5      Sec. 18.  Minnesota Statutes 2000, section 403.11, 
 15.6   subdivision 4, is amended to read: 
 15.7      Subd. 4.  [LOCAL RECURRING COSTS.] Recurring costs of 
 15.8   ~~telephone communications~~ telecommunications equipment and 
 15.9   services at public safety answering points ~~shall~~ must be borne 
 15.10  by the local governmental ~~unit~~ agency operating the public 
 15.11  safety answering point or allocated pursuant to section 403.10, 
 15.12  subdivision 3.  Costs attributable to local government electives 
 15.13  for services ~~beyond minimum 911 service~~ not otherwise addressed 
 15.14  under section 403.11 or 403.113 ~~shall~~ must be borne by the 
 15.15  governmental ~~unit~~ agency requesting the elective service. 
 15.16     Sec. 19.  Minnesota Statutes 2000, section 403.11, is 
 15.17  amended by adding a subdivision to read: 
 15.18     Subd. 5.  [TARIFF NOTIFICATION.] Wireline 
 15.19  telecommunications service providers or wireless 
 15.20  telecommunications service providers holding eligible 
 15.21  telecommunications carrier status shall give notice to the 
 15.22  department of administration and any other affected governmental 
 15.23  agency of tariff or price list changes related to 911 service at 
 15.24  the same time that the filing is made with the public utilities 
 15.25  commission. 
 15.26     Sec. 20.  Minnesota Statutes 2000, section 403.113, 
 15.27  subdivision 1, is amended to read: 
 15.28     Subdivision 1.  [FEE.] (a) ~~In addition to the actual fee~~ 
 15.29  ~~assessed under section 403.11,~~ Each customer receiving ~~local~~ 
 15.30  ~~telephone service, including cellular or other nonwire~~ service~~,~~ 
 15.31  from a wireless or wireline telecommunications service provider 
 15.32  is assessed a fee to fund implementation ~~and~~, maintenance, 
 15.33  enhancement, and expansion of enhanced 911 service, including 
 15.34  acquisition of necessary equipment and the costs of the 
 15.35  commissioner to administer the program.  ~~The enhanced fee~~ 
 15.36  ~~collected from cellular or other nonwire service customers must~~ 
 16.1   ~~be collected effective in July 1997 billings.~~  The actual fee 
 16.2   assessed under section 403.11 and the enhanced 911 service fee 
 16.3   must be collected as one amount and may not exceed the amount 
 16.4   specified in section 403.11, subdivision 1, paragraph (b). 
 16.5      (b) The enhanced 911 service fee must be collected and 
 16.6   deposited in the same manner as the fee in section 403.11 and 
 16.7   used solely for the purposes of paragraph (a) and subdivision 3. 
 16.8      (c) The commissioner of the department of administration, 
 16.9   in consultation with counties and 911 system users, shall 
 16.10  determine the amount of the enhanced 911 service fee and 
 16.11  inform ~~telephone companies or communications carriers~~ wireless 
 16.12  and wireline telecommunications service providers that provide 
 16.13  service capable of originating a 911 emergency telephone call of 
 16.14  the total amount of the 911 service fees in the same manner as 
 16.15  provided in section 403.11. 
 16.16     Sec. 21.  [REPEALER.] 
 16.17     (a) Minnesota Statutes 2000, sections 403.04; 403.113, 
 16.18  subdivision 5; 403.12, subdivision 1; 403.13; and 403.14, are 
 16.19  repealed, effective the day following final enactment. 
 16.20     (b) Minnesota Statutes 2000, section 403.11, subdivision 2, 
 16.21  is repealed effective January 1, 2003. 
 16.22     (c) Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 
 16.23  1215.1200, subpart 3; and 1215.1500, are repealed, effective the 
 16.24  day following final enactment. 
 16.25     Sec. 22.  [EFFECTIVE DATES.] 
 16.26     Sections 1 to 13 and 15 to 20 are effective the day 
 16.27  following final enactment.  Section 14 is effective January 1, 
 16.28  2003.