as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/27/2003 |
1.1 A bill for an act 1.2 relating to public utilities; making changes to the 1.3 telephone assistance plan; amending Minnesota Statutes 1.4 2002, sections 237.70, subdivisions 2, 3, 4a, 5, 6, 7; 1.5 237.701, subdivision 1. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 237.70, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [SCOPE.] The telephone assistance plan must be 1.10 statewide and apply totelephone companieslocal service 1.11 providers that provide local exchange service in Minnesota. 1.12 Sec. 2. Minnesota Statutes 2002, section 237.70, 1.13 subdivision 3, is amended to read: 1.14 Subd. 3. [FEDERAL MATCHING PLAN.] The telephone assistance 1.15 plan must contain adequate provisions to enabletelephone1.16companieslocal service providers to qualify for waiver of the 1.17 federal interstate access charge and to enable eligible 1.18 subscribers to take advantage of the federal matching plan. 1.19 Sec. 3. Minnesota Statutes 2002, section 237.70, 1.20 subdivision 4a, is amended to read: 1.21 Subd. 4a. [HOUSEHOLD ELIGIBLE FOR CREDIT.] The telephone 1.22 assistance plan must provide telephone assistance credit for a 1.23 residential household in Minnesota thatmeets each of the1.24following criteria:1.25(1) has a household member who:2.1(i) subscribes to local exchange service; and2.2(ii) is either disabled or 65 years of age or older;2.3(2) whose household income is 150 percent or less of2.4federal poverty guidelines or is currently eligible for:2.5(i) the Minnesota family investment program;2.6(ii) medical assistance;2.7(iii) general assistance;2.8(iv) Minnesota supplemental aid;2.9(v) food stamps;2.10(vi) refugee cash assistance or refugee medical assistance;2.11(vii) energy assistance; or2.12(viii) supplemental security income; and2.13(3) who has been certified as eligible for telephone2.14assistance plan creditsis eligible for the federal Lifeline 2.15 telephone service discount. 2.16 Sec. 4. Minnesota Statutes 2002, section 237.70, 2.17 subdivision 5, is amended to read: 2.18 Subd. 5. [NATURE AND EXTENT OF CREDITS.] The telephone 2.19 assistance plan may provide for telephone assistance credits to 2.20 eligible households up to the amounts available under the 2.21 federal matching plan. However, the credits available under the 2.22 telephone assistance plan may not exceed: 2.23 (1) more than 50 percent of the local exchange rate charged 2.24 for the local exchange service provided to the household by that 2.25 household'stelephone companylocal service provider; and 2.26 (2) the level of credits that can actually be funded in 2.27 accordance with the limitations contained in subdivision 6. 2.28 Sec. 5. Minnesota Statutes 2002, section 237.70, 2.29 subdivision 6, is amended to read: 2.30 Subd. 6. [FUNDING.] The commission shall provide for the 2.31 funding of the telephone assistance plan by assessing a uniform 2.32 recurring monthly surcharge, not to exceed ten cents per access 2.33 line, applicable to all classes and grades of access lines 2.34 provided by eachtelephone companylocal service provider in the 2.35 state. 2.36 Sec. 6. Minnesota Statutes 2002, section 237.70, 3.1 subdivision 7, is amended to read: 3.2 Subd. 7. [ADMINISTRATION.] The telephone assistance plan 3.3 must be administered jointly by the commission, the department 3.4 ofhuman servicescommerce, and thetelephone companieslocal 3.5 service providers in accordance with the following guidelines: 3.6 (a) The commission and the department ofhuman3.7servicescommerce shall develop an application form that must be 3.8 completed by the subscriber for the purpose of certifying 3.9 eligibility for telephone assistance plan credits to 3.10 thedepartment of human serviceslocal service provider. The 3.11 application must contain the applicant's social security 3.12 number. Applicants who refuse to provide a social security 3.13 number will be denied telephone assistance plan credits. The 3.14 application form must also includeprovisions for the applicant3.15to show the name of the applicant's telephone company. The3.16application must also advise the applicant to submit the3.17required proof of age or disability, and income and must provide3.18examples of acceptable proof. The application must state that3.19failure to submit proof with the application will result in the3.20applicant being found ineligiblea statement that the applicant 3.21 household is currently eligible for one of the programs that 3.22 confers eligibility for the federal Lifeline Program. The 3.23 application must be signed by the applicant, certifying, under 3.24 penalty of perjury, that the information provided by the 3.25 applicant is true. Eachtelephone companylocal service 3.26 provider shall annually mail a notice of the availability of the 3.27 telephone assistance plan to each residential subscriber in a 3.28 regular billing and shall mail the application form to customers 3.29 when requested. 3.30 The notice must state the following: 3.31 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 3.32 BILL IF YOUARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF3.33YOU MEET CERTAIN HOUSEHOLD INCOME LIMITSRECEIVE BENEFITS FROM 3.34 CERTAIN LOW-INCOME ASSISTANCE PROGRAMS. FOR MORE INFORMATION OR 3.35 AN APPLICATION FORM PLEASE CONTACT ......... 3.36 (b)The department of human services shall determine the4.1eligibility for telephone assistance plan credits at least4.2annually according to the criteria contained in subdivision 4a.4.3(c)An application may be made by the subscriber, the 4.4 subscriber's spouse, or a person authorized by the subscriber to 4.5 act on the subscriber's behalf. On completing the application 4.6 certifying that the statutory criteria for eligibility are 4.7 satisfied, the applicant must return the application toan4.8office of the department of human services specially designated4.9to process telephone assistance plan applicationsthe 4.10 subscriber's local service provider. On receiving a completed 4.11 application from an applicant, thedepartment of human services4.12shall determine the applicant's eligibility or ineligibility4.13within 120 days. If the department fails to do so, it shall4.14within three working days provide written notice to the4.15applicant's telephone company that the companysubscriber's 4.16 local service provider shall provide telephone assistance plan 4.17 credits against monthly charges in the earliest possible month 4.18 following receipt of thewritten noticeapplication. The 4.19 applicant must receive telephone assistance plan credits until 4.20 the earliest possible month following thecompany'sservice 4.21 provider's receipt ofnotice from the departmentinformation 4.22 that the applicant is ineligible. 4.23If the department of human services determines that an4.24applicant is not eligible to receive telephone assistance plan4.25credits, it shall notify the applicant within ten working days4.26of that determination.4.27Within ten working days of determining that an applicant is4.28eligible to receive telephone assistance plan credits, the4.29department of human services shall provide written notification4.30to the telephone company that serves the applicant. The notice4.31must include the applicant's name, address, and telephone number.4.32Each telephone company shall provide telephone assistance4.33plan credits against monthly charges in the earliest possible4.34month following receipt of notice from the department of human4.35services.4.36By December 31 of each year, the department of human5.1services shall redetermine eligibility of each person receiving5.2telephone assistance plan credits, as required in paragraph (b).5.3The department of human services shall submit an annual report5.4to the commission by January 15 of each year showing that the5.5department has determined the eligibility for telephone5.6assistance plan credits of each person receiving the credits or5.7explaining why the determination has not been made and showing5.8how and when the determination will be completed.5.9If the department of human services determines that a5.10current recipient of telephone assistance plan credits is not5.11eligible to receive the credits, it shall notify, in writing,5.12the recipient within ten working days and the telephone company5.13serving the recipient within 20 working days of the5.14determination. The notice must include the recipient's name,5.15address, and telephone number.5.16Each telephone company shall remove telephone assistance5.17plan credits against monthly charges in the earliest possible5.18month following receipt of notice from the department of human5.19services.5.20Each telephone company that disconnects a subscriber5.21receiving the telephone assistance plan credit shall report the5.22disconnection to the department of human services. The reports5.23must be submitted monthly, identifying the subscribers5.24disconnected. Telephone companies that do not disconnect a5.25subscriber receiving the telephone assistance plan credit are5.26not required to report.5.27 If the telephone assistance plan credit is not itemized on 5.28 the subscriber's monthly charges bill for local telephone 5.29 service, thetelephone companylocal service provider must 5.30 notify the subscriber of the approval for the telephone 5.31 assistance plan credit. 5.32(d)(c) The commission shall serve as the coordinator of 5.33 the telephone assistance plan and be reimbursed for its 5.34 administrative expenses from the surcharge revenue pool. As the 5.35 coordinator, the commission shall: 5.36 (1) establish a uniform statewide surcharge in accordance 6.1 with subdivision 6; 6.2 (2) establish a uniform statewide level of telephone 6.3 assistance plan credit that eachtelephone companylocal service 6.4 provider shall extend to each eligible household in its service 6.5 area; 6.6 (3) require eachtelephone companylocal service provider 6.7 to account to the commission on a periodic basis for surcharge 6.8 revenues collected by thecompanyprovider, expenses incurred by 6.9 thecompanyprovider, not to include expenses of collecting 6.10 surcharges, and credits extended by thecompanyprovider under 6.11 the telephone assistance plan; 6.12 (4) require eachtelephone companylocal service provider 6.13 to remit surcharge revenues to the department of administration 6.14 for deposit in the fund; and 6.15 (5) remit to eachtelephone companylocal service provider 6.16 from the surcharge revenue pool the amount necessary to 6.17 compensate thecompanyprovider for expenses, not including 6.18 expenses of collecting the surcharges, and telephone assistance 6.19 plan credits. When it appears that the revenue generated by the 6.20 maximum surcharge permitted under subdivision 6 will be 6.21 inadequate to fund any particular established level of telephone 6.22 assistance plan credits, the commission shall reduce the credits 6.23 to a level that can be adequately funded by the maximum 6.24 surcharge. Similarly, the commission may increase the level of 6.25 the telephone assistance plan credit that is available or reduce 6.26 the surcharge to a level and for a period of time that will 6.27 prevent an unreasonable overcollection of surcharge revenues. 6.28(e)(d) Eachtelephone companylocal service provider shall 6.29 maintain adequate records of surcharge revenues, expenses, and 6.30 credits related to the telephone assistance plan and shall, as 6.31 part of its annual report or separately, provide the commission 6.32 and the department of commerce with a financial report of its 6.33 experience under the telephone assistance plan for the previous 6.34 year. That report must also be adequate to satisfy the 6.35 reporting requirements of the federal matching plan. 6.36(f)(e) The department of commerce shall investigate 7.1 complaints againsttelephone companieslocal service providers 7.2 with regard to the telephone assistance plan and shall report 7.3 the results of its investigation to the commission. 7.4 Sec. 7. Minnesota Statutes 2002, section 237.701, 7.5 subdivision 1, is amended to read: 7.6 Subdivision 1. [FUND CREATED; AUTHORIZED EXPENDITURES.] 7.7 The telephone assistance fund is created as a separate account 7.8 in the state treasury to consist of amounts received by the 7.9 department of administration representing the surcharge 7.10 authorized by section 237.70, subdivision 6, and amounts earned 7.11 on the fund assets. Money in the fund may be used only for: 7.12 (1) reimbursement totelephone companieslocal service 7.13 providers for expenses and credits allowed in section 237.70, 7.14 subdivision 7, paragraph(d)(c), clause (5); 7.15 (2)reimbursement of the administrative expenses of the7.16department of human services to implement sections 237.69 to7.17237.71, not to exceed $314,000 annually;7.18(3)reimbursement of the administrative expenses of the 7.19 commission not to exceed $25,000 annually; and 7.20(4)(3) reimbursement of the statewide indirect cost of the 7.21 commission.