HF 2844

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing metropolitan 
  1.3             council bonds; providing for 911 emergency telephone 
  1.4             access fees; prohibiting trespassing on public works 
  1.5             facilities; providing penalties; amending Minnesota 
  1.6             Statutes 2000, sections 473.898, subdivision 3; 
  1.7             609.605, by adding a subdivision; Minnesota Statutes 
  1.8             2001 Supplement, sections 403.11, subdivision 1; 
  1.9             473.901, subdivision 1. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section. 1.  Minnesota Statutes 2001 Supplement, section 
  1.12  403.11, subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  1.14  customer of a telephone company or communications carrier that 
  1.15  provides service capable of originating a 911 emergency 
  1.16  telephone call is assessed a fee to cover the costs of ongoing 
  1.17  maintenance and related improvements for trunking and central 
  1.18  office switching equipment for minimum 911 emergency telephone 
  1.19  service, plus administrative and staffing costs of the 
  1.20  department of administration related to managing the 911 
  1.21  emergency telephone service program.  Recurring charges by a 
  1.22  public utility providing telephone service for updating the 
  1.23  information required by section 403.07, subdivision 3, must be 
  1.24  paid by the commissioner of administration if the utility is 
  1.25  included in an approved 911 plan and the charges have been 
  1.26  certified and approved under subdivision 3.  The commissioner of 
  1.27  administration shall transfer an amount equal to two cents a 
  2.1   month from the fee assessed under this section on cellular and 
  2.2   other nonwire access services to the commissioner of public 
  2.3   safety for the purpose of offsetting the costs, including 
  2.4   administrative and staffing costs, incurred by the state patrol 
  2.5   division of the department of public safety in handling 911 
  2.6   emergency calls made from cellular phones.  Money remaining in 
  2.7   the 911 emergency telephone service account after all other 
  2.8   obligations are paid must not cancel and is carried forward to 
  2.9   subsequent years and may be appropriated from time to time to 
  2.10  the commissioner of administration to provide financial 
  2.11  assistance to counties for the improvement of local emergency 
  2.12  telephone services.  The improvements may include providing 
  2.13  access to minimum 911 service for telephone service subscribers 
  2.14  currently without access and upgrading existing 911 service to 
  2.15  include automatic number identification, local location 
  2.16  identification, automatic location identification, and other 
  2.17  improvements specified in revised county 911 plans approved by 
  2.18  the department. 
  2.19     (b) The fee is 27 46 cents a month for each customer access 
  2.20  line or other basic access service, including trunk equivalents 
  2.21  as designated by the public utilities commission for access 
  2.22  charge purposes and including cellular and other nonwire access 
  2.23  services.  The fee must be the same for all customers.  
  2.24     (c) The fee must be collected by each company or carrier 
  2.25  providing service subject to the fee.  Fees are payable to and 
  2.26  must be submitted to the commissioner of administration monthly 
  2.27  before the 25th of each month following the month of collection, 
  2.28  except that fees may be submitted quarterly if less than $250 a 
  2.29  month is due, or annually if less than $25 a month is due.  
  2.30  Receipts must be deposited in the state treasury and credited to 
  2.31  a 911 emergency telephone service account in the special revenue 
  2.32  fund.  The money in the account may only be used for 911 
  2.33  telephone services as provided in paragraph (a).  
  2.34     (d) This subdivision does not apply to customers of a 
  2.35  telecommunications carrier as defined in section 237.01, 
  2.36  subdivision 6.  
  3.1      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.2      Sec. 2.  Minnesota Statutes 2000, section 473.898, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
  3.5   bonds issued pursuant to subdivision 1, exclusive of any 
  3.6   original issue discount, shall not exceed the amount of 
  3.7   $10,000,000 plus the amount the council determines necessary to 
  3.8   pay the costs of issuance, fund reserves, debt service, and pay 
  3.9   for any bond insurance or other credit enhancement. 
  3.10     (b) In addition to the amount authorized under paragraph 
  3.11  (a), the council may issue bonds under subdivision 1 in a 
  3.12  principal amount of $3,306,300, plus the amount the council 
  3.13  determines necessary to pay the cost of issuance, fund reserves, 
  3.14  debt service, and any bond insurance or other credit 
  3.15  enhancement.  The proceeds of bonds issued under this paragraph 
  3.16  may not be used to finance portable or subscriber radio sets.  
  3.17     (c) In addition to the amounts authorized under paragraphs 
  3.18  (a) and (b), the council may issue bonds under subdivision 1 in 
  3.19  a principal amount not to exceed $35,000,000 plus the amount the 
  3.20  council determines necessary to pay the cost of issuance, fund 
  3.21  reserves, debt service, and any bond issuance, or other credit 
  3.22  enhancement.  The proceeds of bonds issued under this paragraph 
  3.23  may be used to refund local units of government for amounts 
  3.24  expended for capital enhancements to the regionwide first phase 
  3.25  system previously financed by the respective local units.  
  3.26     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.27     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.28  473.901, subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
  3.30  year beginning with the fiscal year commencing July 1, 1997, the 
  3.31  amount necessary to pay the following costs is appropriated to 
  3.32  the commissioner of administration from the 911 emergency 
  3.33  telephone service account established under section 403.11: 
  3.34     (1) debt service costs and reserves for bonds issued 
  3.35  pursuant to section 473.898; 
  3.36     (2) repayment of the right-of-way acquisition loans; 
  4.1      (3) costs of design, construction, maintenance of, and 
  4.2   improvements to those elements of the first phase that support 
  4.3   mutual aid communications and emergency medical services; or 
  4.4      (4) recurring charges for leased sites and equipment for 
  4.5   those elements of the first phase that support mutual aid and 
  4.6   emergency medical communication services. 
  4.7      This appropriation shall be used to pay annual debt service 
  4.8   costs and reserves for bonds issued pursuant to section 473.898 
  4.9   prior to use of fee money to pay other costs eligible under this 
  4.10  subdivision.  In no event shall the appropriation for each 
  4.11  fiscal year exceed an amount equal to four 13 cents a month for 
  4.12  each customer access line or other basic access service, 
  4.13  including trunk equivalents as designated by the public 
  4.14  utilities commission for access charge purposes and including 
  4.15  cellular and other nonwire access services, in the fiscal year.  
  4.16     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.17     Sec. 4.  Minnesota Statutes 2000, section 609.605, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 5.  [TRESPASS AT PUBLIC WORKS FACILITIES; POWER 
  4.20  PLANTS; AND TELECOMMUNICATIONS FACILITIES.] Whoever knowingly 
  4.21  enters upon the grounds of public works facilities, power 
  4.22  plants, or telecommunications facilities, without authorization, 
  4.23  claim of right, or consent of one who has right to give consent, 
  4.24  is guilty of a gross misdemeanor. 
  4.25     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
  4.26  and applies to crimes committed on or after that date.