SF 653

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying emergency 911 
  1.3             telephone system provisions to require multiline 
  1.4             telephone systems to provide caller location; 
  1.5             providing for special levies for county and city 
  1.6             governments and school districts to fund this 
  1.7             requirement; amending Minnesota Statutes 2002, 
  1.8             sections 126C.44; 275.70, subdivision 5; 403.01, 
  1.9             subdivision 6; 403.02, by adding subdivisions; 403.07, 
  1.10            subdivision 5; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 403. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 126C.44, is 
  1.14  amended to read: 
  1.15     126C.44 [SAFE SCHOOLS LEVY.] 
  1.16     Each district may make a levy on all taxable property 
  1.17  located within the district for the purposes specified in this 
  1.18  section.  The maximum amount which may be levied for all costs 
  1.19  under this section shall be equal to $30 multiplied by the 
  1.20  district's adjusted marginal cost pupil units for the school 
  1.21  year.  The proceeds of the levy must be used for directly 
  1.22  funding the following purposes or for reimbursing the cities and 
  1.23  counties who contract with the district for the following 
  1.24  purposes:  (1) to pay the costs incurred for the salaries, 
  1.25  benefits, and transportation costs of peace officers and 
  1.26  sheriffs for liaison in services in the district's schools; (2) 
  1.27  to pay the costs for a drug abuse prevention program as defined 
  1.28  in section 609.101, subdivision 3, paragraph (e), in the 
  2.1   elementary schools; (3) to pay the costs for a gang resistance 
  2.2   education training curriculum in the district's schools; (4) to 
  2.3   pay the costs for security in the district's schools and on 
  2.4   school property; or (5) to pay the costs for other crime 
  2.5   prevention, drug abuse, student and staff safety, and violence 
  2.6   prevention measures taken by the school district; or (6) to pay 
  2.7   the costs to provide call back number and emergency response 
  2.8   location to enhanced 911 systems from district-operated 
  2.9   multiline telephone systems as required by section 403.15.  The 
  2.10  district must initially attempt to contract for services to be 
  2.11  provided by peace officers or sheriffs with the police 
  2.12  department of each city or the sheriff's department of the 
  2.13  county within the district containing the school receiving the 
  2.14  services.  If a local police department or a county sheriff's 
  2.15  department does not wish to provide the necessary services, the 
  2.16  district may contract for these services with any other police 
  2.17  or sheriff's department located entirely or partially within the 
  2.18  school district's boundaries.  The levy authorized under this 
  2.19  section is not included in determining the school district's 
  2.20  levy limitations. 
  2.21     Sec. 2.  Minnesota Statutes 2002, section 275.70, 
  2.22  subdivision 5, is amended to read: 
  2.23     Subd. 5.  [SPECIAL LEVIES.] "Special levies" means those 
  2.24  portions of ad valorem taxes levied by a local governmental unit 
  2.25  for the following purposes or in the following manner: 
  2.26     (1) to pay the costs of the principal and interest on 
  2.27  bonded indebtedness or to reimburse for the amount of liquor 
  2.28  store revenues used to pay the principal and interest due on 
  2.29  municipal liquor store bonds in the year preceding the year for 
  2.30  which the levy limit is calculated; 
  2.31     (2) to pay the costs of principal and interest on 
  2.32  certificates of indebtedness issued for any corporate purpose 
  2.33  except for the following: 
  2.34     (i) tax anticipation or aid anticipation certificates of 
  2.35  indebtedness; 
  2.36     (ii) certificates of indebtedness issued under sections 
  3.1   298.28 and 298.282; 
  3.2      (iii) certificates of indebtedness used to fund current 
  3.3   expenses or to pay the costs of extraordinary expenditures that 
  3.4   result from a public emergency; or 
  3.5      (iv) certificates of indebtedness used to fund an 
  3.6   insufficiency in tax receipts or an insufficiency in other 
  3.7   revenue sources; 
  3.8      (3) to provide for the bonded indebtedness portion of 
  3.9   payments made to another political subdivision of the state of 
  3.10  Minnesota; 
  3.11     (4) to fund payments made to the Minnesota state armory 
  3.12  building commission under section 193.145, subdivision 2, to 
  3.13  retire the principal and interest on armory construction bonds; 
  3.14     (5) property taxes approved by voters which are levied 
  3.15  against the referendum market value as provided under section 
  3.16  275.61; 
  3.17     (6) to fund matching requirements needed to qualify for 
  3.18  federal or state grants or programs to the extent that either 
  3.19  (i) the matching requirement exceeds the matching requirement in 
  3.20  calendar year 2001, or (ii) it is a new matching requirement 
  3.21  that did not exist prior to 2002; 
  3.22     (7) to pay the expenses reasonably and necessarily incurred 
  3.23  in preparing for or repairing the effects of natural disaster 
  3.24  including the occurrence or threat of widespread or severe 
  3.25  damage, injury, or loss of life or property resulting from 
  3.26  natural causes, in accordance with standards formulated by the 
  3.27  emergency services division of the state department of public 
  3.28  safety, as allowed by the commissioner of revenue under section 
  3.29  275.74, subdivision 2; 
  3.30     (8) pay amounts required to correct an error in the levy 
  3.31  certified to the county auditor by a city or county in a levy 
  3.32  year, but only to the extent that when added to the preceding 
  3.33  year's levy it is not in excess of an applicable statutory, 
  3.34  special law or charter limitation, or the limitation imposed on 
  3.35  the governmental subdivision by sections 275.70 to 275.74 in the 
  3.36  preceding levy year; 
  4.1      (9) to pay an abatement under section 469.1815; 
  4.2      (10) to pay any costs attributable to increases in the 
  4.3   employer contribution rates under chapter 353 that are effective 
  4.4   after June 30, 2001; 
  4.5      (11) to pay the operating or maintenance costs of a county 
  4.6   jail as authorized in section 641.01 or 641.262, or of a 
  4.7   correctional facility as defined in section 241.021, subdivision 
  4.8   1, paragraph (5), to the extent that the county can demonstrate 
  4.9   to the commissioner of revenue that the amount has been included 
  4.10  in the county budget as a direct result of a rule, minimum 
  4.11  requirement, minimum standard, or directive of the department of 
  4.12  corrections, or to pay the operating or maintenance costs of a 
  4.13  regional jail as authorized in section 641.262.  For purposes of 
  4.14  this clause, a district court order is not a rule, minimum 
  4.15  requirement, minimum standard, or directive of the department of 
  4.16  corrections.  If the county utilizes this special levy, any 
  4.17  amount levied by the county in the previous levy year for the 
  4.18  purposes specified under this clause and included in the 
  4.19  county's previous year's levy limitation computed under section 
  4.20  275.71, shall be deducted from the levy limit base under section 
  4.21  275.71, subdivision 2, when determining the county's current 
  4.22  year levy limitation.  The county shall provide the necessary 
  4.23  information to the commissioner of revenue for making this 
  4.24  determination; 
  4.25     (12) to pay for operation of a lake improvement district, 
  4.26  as authorized under section 103B.555.  If the county utilizes 
  4.27  this special levy, any amount levied by the county in the 
  4.28  previous levy year for the purposes specified under this clause 
  4.29  and included in the county's previous year's levy limitation 
  4.30  computed under section 275.71 shall be deducted from the levy 
  4.31  limit base under section 275.71, subdivision 2, when determining 
  4.32  the county's current year levy limitation.  The county shall 
  4.33  provide the necessary information to the commissioner of revenue 
  4.34  for making this determination; 
  4.35     (13) to repay a state or federal loan used to fund the 
  4.36  direct or indirect required spending by the local government due 
  5.1   to a state or federal transportation project or other state or 
  5.2   federal capital project.  This authority may only be used if the 
  5.3   project is not a local government initiative; 
  5.4      (14) for counties only, to pay the costs reasonably 
  5.5   expected to be incurred in 2002 related to the redistricting of 
  5.6   election districts and establishment of election precincts under 
  5.7   sections 204B.135 and 204B.14, the notice required by section 
  5.8   204B.14, subdivision 4, and the reassignment of voters in the 
  5.9   statewide registration system, not to exceed $1 per capita, 
  5.10  provided that the county shall distribute a portion of the 
  5.11  amount levied under this clause equal to 25 cents times the 
  5.12  population of the city to all cities in the county with a 
  5.13  population of 30,000 or more; 
  5.14     (15) to pay for court administration costs as required 
  5.15  under section 273.1398, subdivision 4b, less the county's share 
  5.16  of transferred fines and fees collected by the district courts 
  5.17  in the county for calendar year 2001; however, for taxes levied 
  5.18  to pay for these costs in the year in which the court financing 
  5.19  is transferred to the state, the amount under this section is 
  5.20  limited to one-third of the aid reduction under section 
  5.21  273.1398, subdivision 4a; and 
  5.22     (16) to fund a police or firefighters relief association as 
  5.23  required under section 69.77 to the extent that the required 
  5.24  amount exceeds the amount levied for this purpose in 2001; and 
  5.25     (17) to fund the costs to provide call back number and 
  5.26  emergency response location to enhanced 911 systems from 
  5.27  county-operated or city-operated multiline telephone systems as 
  5.28  required by section 403.15. 
  5.29     Sec. 3.  Minnesota Statutes 2002, section 403.01, 
  5.30  subdivision 6, is amended to read: 
  5.31     Subd. 6.  [MULTISTATION OR PBX SYSTEM.] Every owner and 
  5.32  operator of a multistation or private branch exchange (PBX) 
  5.33  telecommunications multiline telephone system shall design and 
  5.34  maintain the system to dial the 911 number without charge to the 
  5.35  caller and provide a call back number and emergency response 
  5.36  location as required by section 403.15. 
  6.1      Sec. 4.  Minnesota Statutes 2002, section 403.02, is 
  6.2   amended by adding a subdivision to read: 
  6.3      Subd. 22.  [CALL BACK NUMBER.] "Call back number" means a 
  6.4   number used by the public safety answering point to recontact 
  6.5   the location from which the 911 call was placed.  
  6.6      Sec. 5.  Minnesota Statutes 2002, section 403.02, is 
  6.7   amended by adding a subdivision to read: 
  6.8      Subd. 23.  [EMERGENCY LOCATION IDENTIFICATION 
  6.9   NUMBER.] "Emergency location identification number" means a 
  6.10  valid North American numbering plan format telephone number, 
  6.11  assigned to the multiline telephone system operator by the 
  6.12  appropriate authority, that is used to route the call to a 
  6.13  public safety answering point and is used to retrieve the 
  6.14  automatic location identification for the public safety 
  6.15  answering point.  
  6.16     Sec. 6.  Minnesota Statutes 2002, section 403.02, is 
  6.17  amended by adding a subdivision to read: 
  6.18     Subd. 24.  [EMERGENCY RESPONSE LOCATION.] "Emergency 
  6.19  response location" means a location to which a 911 emergency 
  6.20  response team may be dispatched.  The location should be 
  6.21  specific enough to provide a reasonable opportunity for the 
  6.22  emergency response team to locate a caller anywhere within it.  
  6.23     Sec. 7.  Minnesota Statutes 2002, section 403.02, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 25.  [MULTILINE TELEPHONE SYSTEM.] "Multiline 
  6.26  telephone system" means a private telephone system comprised of 
  6.27  common control units, telephones, and control hardware and 
  6.28  software that share a common interface to the public switched 
  6.29  telephone network.  This includes network and premises-based 
  6.30  systems and systems owned or leased by governmental agencies and 
  6.31  nonprofit entities, as well as for-profit businesses.  
  6.32     Sec. 8.  Minnesota Statutes 2002, section 403.02, is 
  6.33  amended by adding a subdivision to read: 
  6.34     Subd. 26.  [SHARED RESIDENTIAL MULTILINE TELEPHONE SYSTEM 
  6.35  SERVICE.] "Shared residential multiline telephone service" means 
  6.36  the use of a multiline telephone system to provide service to 
  7.1   residential facilities.  For purposes of this definition, 
  7.2   "residential facilities" means both single-family and 
  7.3   multifamily facilities including extended care facilities and 
  7.4   dormitories.  
  7.5      Sec. 9.  Minnesota Statutes 2002, section 403.07, 
  7.6   subdivision 5, is amended to read: 
  7.7      Subd. 5.  [LIABILITY.] (a) A wire line telecommunications 
  7.8   service provider, its employees, or its agents are not liable to 
  7.9   any person who uses enhanced 911 telecommunications service for 
  7.10  release of subscriber information required under this chapter to 
  7.11  any public safety answering point. 
  7.12     (b) A wire line telecommunications service provider is not 
  7.13  liable to any person for the good faith release to emergency 
  7.14  communications personnel of information not in the public 
  7.15  record, including, but not limited to, nonpublished or nonlisted 
  7.16  telephone numbers.  
  7.17     (c) A wire line telecommunications service provider, its 
  7.18  employees, or its agents are not liable to any person for civil 
  7.19  damages resulting from or caused by any act or omission in the 
  7.20  development, design, installation, operation, maintenance, 
  7.21  performance, or provision of enhanced 911 telecommunications 
  7.22  service, except for willful or wanton misconduct. 
  7.23     (d) A multiline telephone system manufacturer, provider, or 
  7.24  operator is not liable for any civil damages or penalties as a 
  7.25  result of any act or omission, except willful or wanton 
  7.26  misconduct, in connection with developing, adopting, operating, 
  7.27  or implementing any plan or system required by this act.  
  7.28     Sec. 10.  [403.15] [MULTILINE TELEPHONE SYSTEM 911 
  7.29  REQUIREMENTS.] 
  7.30     Subdivision 1.  [MULTILINE TELEPHONE SYSTEM USER DIALING 
  7.31  INSTRUCTIONS.] After June 30, 2004, each multiline telephone 
  7.32  system operator must demonstrate or otherwise inform each new 
  7.33  telephone system user how to call for emergency assistance from 
  7.34  that particular multiline telephone system.  
  7.35     Subd. 2.  [SHARED RESIDENTIAL MULTILINE TELEPHONE SYSTEM.] 
  7.36  By June 30, 2005, operators of shared multiline telephone 
  8.1   systems serving residential customers shall ensure that the 
  8.2   shared system is connected to the public switched network and 
  8.3   that 911 calls from this system result in at least one 
  8.4   distinctive automatic number identification and automatic 
  8.5   location identification for each residential unit.  This 
  8.6   requirement does not apply if the residential facility 
  8.7   maintains, at all times, alternative methods to support enhanced 
  8.8   911.  
  8.9      Subd. 3.  [HOTEL AND MOTEL MULTILINE TELEPHONE SYSTEM.] By 
  8.10  June 30, 2005, operators of hotel and motel multiline telephone 
  8.11  systems shall permit the dialing of 911 and shall ensure that 
  8.12  911 calls originating from hotel or motel multiline telephone 
  8.13  systems allow the 911 system to clearly identify the address and 
  8.14  specific location of the 911 caller. 
  8.15     Subd. 4.  [BUSINESS MULTILINE TELEPHONE SYSTEM.] (a) By 
  8.16  June 30, 2005, an operator of business multiline telephone 
  8.17  systems connected to the public switched telephone network and 
  8.18  serving business locations of one employer shall ensure that 
  8.19  calls to 911 from any telephone on the system result in one of 
  8.20  the following: 
  8.21     (1) automatic location identification for each respective 
  8.22  emergency response location; or 
  8.23     (2) an ability to direct emergency responders to the 911 
  8.24  caller's location through an alternative and adequate means, 
  8.25  such as the establishment of a 24-hour private answering point; 
  8.26  or 
  8.27     (3) a connection to a switchboard operator, attendant, or 
  8.28  other designated on-site individual.  
  8.29     (b) Except as provided in paragraph (c), providers of 
  8.30  shared telecommunications services subject to this section 
  8.31  serving multiple employers' business locations shall ensure that 
  8.32  calls to 911 from any telephone result in automatic location 
  8.33  identification for the respective emergency response location of 
  8.34  each business location sharing the telecommunication services.  
  8.35     (c) Only one emergency response location is required in the 
  8.36  following circumstances: 
  9.1      (1) an employer's workspace is less than 40,000 square 
  9.2   feet, located on a single floor and on a single contiguous 
  9.3   property; and 
  9.4      (2) an employer's workspace is less than 7,000 square feet, 
  9.5   located on multiple floors and on a single contiguous property. 
  9.6      Subd. 5.  [EXEMPTIONS.] (a) Multiline telephone systems 
  9.7   with a single emergency response location are exempt from the 
  9.8   signaling and database maintenance regulations.  Requirements 
  9.9   for multiline telephone system operators and wireless multiline 
  9.10  telephone system operators to provide dialing instructions still 
  9.11  apply.  
  9.12     (b) Multiline telephone system operators that employ 
  9.13  alternative methods of enhanced 911 support are exempt from the 
  9.14  signaling and database maintenance regulations.  
  9.15     (c) A multiline telephone system operator may apply for an 
  9.16  exemption from the requirements in this chapter from the chief 
  9.17  officer of each public safety answering point serving that 
  9.18  jurisdiction. 
  9.19     Sec. 11.  [EFFECTIVE DATE.] 
  9.20     Sections 1 to 9 are effective the day following final 
  9.21  enactment.