HF 3956

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 12:31pm

A bill for an act
relating to public safety; modifying provisions related to 911 emergency
communication services; appropriating money; amending Minnesota Statutes 2020,
sections 403.02, as amended; 403.025; 403.03, subdivisions 2, 4; 403.05; 403.06;
403.07, as amended; 403.08; 403.09, subdivision 2; 403.10; 403.11, as amended;
403.113; 403.15; repealing Minnesota Statutes 2020, section 403.09, subdivision
3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 403.02, as amended by Laws 2021, First
Special Session chapter 11, article 2, section 21, is amended to read:

403.02 DEFINITIONS.

Subdivision 1.

Scope.

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

Subd. 7.

Automatic location identification.

"Automatic location identification" means
the process of electronically identifying and displaying deleted text begin the name of the subscriber and the
location deleted text end , where available, deleted text begin of the calling telephone number deleted text end new text begin the name of the subscriber, the
communications device's current location, and the callback number new text end to a deleted text begin person deleted text end new text begin public safety
telecommunicator new text end answering a 911 emergency call.

Subd. 9a.

Callback number.

"Callback number" means a new text begin telephone new text end number new text begin or
functionally equivalent Internet address or device identification number new text end used by the public
safety answering point to deleted text begin recontact deleted text end new text begin contact new text end the deleted text begin location deleted text end new text begin device new text end from which the 911 call was
placed.

Subd. 10.

Commissioner.

"Commissioner" means the commissioner of public safety.

new text begin Subd. 10a. new text end

new text begin Cybersecurity. new text end

new text begin "Cybersecurity" means the prevention of damage to,
unauthorized use of, exploitation of, and, if needed, the restoration of, electronic information
and communications systems and services and the information contained therein to ensure
confidentiality, integrity, and availability.
new text end

new text begin Subd. 10b. new text end

new text begin Emergency Communications Network Service Provider
(ECNSP). new text end

new text begin "Emergency Communications Network Service Provider" or "ECNSP" means
a service provider, determined by the commissioner to be capable of providing effective
and efficient components of the 911 network or its management that provides or manages
all or portions of the statewide 911 emergency communications network. The ECNSP is
the entity or entities that the state contracts with to provide facilities and services associated
with operating and maintaining the Minnesota statewide 911 network.
new text end

Subd. 11a.

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. 11b.

Emergency response location.

"Emergency response location" means a
location to which deleted text begin a deleted text end 911 deleted text begin emergency response team deleted text end new text begin services new text end may be dispatched. The location
must be specific enough to provide a reasonable opportunity for deleted text begin the emergency response
team to locate deleted text end a caller new text begin to be located new text end anywhere within it.

new text begin Subd. 11c. new text end

new text begin Emergency services. new text end

new text begin "Emergency services" includes but is not limited to
firefighting, police, ambulance, medical, or other mobile services dispatched, monitored,
or controlled by a public safety answering point.
new text end

new text begin Subd. 11d. new text end

new text begin Emergency Services Internet (ESInet). new text end

new text begin "Emergency Services Internet" or
"ESInet" means an Internet protocol-based and multipurpose network supporting local,
regional, and national public safety communications services in addition to 911 services.
The ESInet is comprised of three network components, including ingress network, next
generation core services, and egress network.
new text end

deleted text begin Subd. 13. deleted text end

deleted text begin Enhanced 911 service. deleted text end

deleted text begin "Enhanced 911 service" means the use of automatic
location identification or local location identification as part of local 911 service provided
by an enhanced 911 system consisting of a common 911 network and database and customer
data and network components connecting to the common 911 network and database.
deleted text end

new text begin Subd. 13a. new text end

new text begin Geographical Information System (GIS). new text end

new text begin "Geographical Information
System" or "GIS" means a system for capturing, storing, displaying, analyzing, and managing
data and associated attributes that are spatially referenced.
new text end

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 firefighting, police, ambulance, medical, or other
emergency services.

new text begin Subd. 14a. new text end

new text begin Internet protocol (IP). new text end

new text begin "Internet protocol" or "IP" means the method by
which data are sent from one computer to another on the Internet or other networks.
new text end

Subd. 16.

Metropolitan area.

"Metropolitan area" means the counties of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and Washington.

Subd. 16a.

Multiline telephone system new text begin (MLTS) new text end .

"Multiline telephone system" new text begin or
"MLTS" new text end means a deleted text begin private telephone deleted text end system comprised of common control units deleted text begin , telephones, deleted text end new text begin ;
telephone sets; new text end and control hardware deleted text begin and deleted text end new text begin , new text end software deleted text begin that share a common interface to the
public switched telephone network deleted text end new text begin , and adjunct systems used to support the capabilities
outlined in this chapter new text end . This includes network and premises-based systems new text begin such as Centrex,
VoIP, PBX, Hybrid, and Key Telephone Systems, as classified by the Federal
Communications Commission requirements under Code of Federal Regulations, title 47,
part 68, new text end and systems owned or leased by governmental agencies deleted text begin and deleted text end new text begin , new text end nonprofit entities, deleted text begin as
well as deleted text end new text begin and new text end for-profit businesses.

new text begin Subd. 16b. new text end

new text begin Next generation core services (NGCS). new text end

new text begin "Next generation core services" or
"NGCS" means the base set of services needed to process a 911 call on an ESInet. These
services include, but are not limited to, the Emergency Services Routing Proxy, Emergency
Call Routing Function, Location Validation Function, Border Control Function, Bridge,
Policy Store, Logging Services, and typical IP services such as DNS and DHCP. Next
generation core services includes only the services and not the network on which they
operate.
new text end

new text begin Subd. 16c. new text end

new text begin Next generation 911 (NG911). new text end

new text begin "Next generation 911" or "NG911" means
an Internet protocol-based system comprised of managed Emergency Services IP networks,
functional elements and applications, and databases that replicate the traditional E911
features and functions and that also provides additional capabilities based on industry
standards. NG911 is designed to provide access to emergency services from all connected
communications services and provide multimedia data capabilities for public safety answering
points and other emergency services organizations.
new text end

new text begin Subd. 16d. new text end

new text begin 911 call. new text end

new text begin "911 call" means any form of communication requesting any type
of emergency services by contacting a public safety answering point, including voice or
nonvoice communications, as well as transmission of any analog or digital data. 911 call
includes a voice call, video call, text message, or data-only call.
new text end

new text begin Subd. 16e. new text end

new text begin 911 network. new text end

new text begin "911 network" means:
new text end

new text begin (1) a legacy telecommunications network that supports basic and enhanced 911 service;
or
new text end

new text begin (2) the ESInet that is used for 911 calls that can be shared by all public safety answering
points and that provides the IP transport infrastructure upon which independent public safety
application platforms and core functional processes can be deployed, including but not
limited to those necessary for providing next generation 911 service capability.
new text end

new text begin A network may be constructed from a mix of dedicated and shared facilities and may be
interconnected at local, regional, state, national, and international levels.
new text end

new text begin Subd. 16f. new text end

new text begin 911 system. new text end

new text begin "911 system" means a coordinated system of technologies,
networks, hardware, and software applications that a public safety answering point must
procure and maintain in order to connect to the state 911 network and provide 911 services.
new text end

new text begin Subd. 16g. new text end

new text begin Originating service provider (OSP). new text end

new text begin "Originating service provider" or
"OSP" means an entity that provides the capability for customers to originate 911 calls to
public safety answering points, including wire-line communications service providers, Voice
over Internet Protocol service providers, and wireless communications service providers.
new text end

Subd. 17.

911 service.

"911 service" means deleted text begin a telecommunications service that
automatically connects a person dialing the digits 911 to an established public safety
answering point. 911 service includes:
deleted text end

deleted text begin (1) customer data and network components connecting to the common 911 network and
database;
deleted text end

deleted text begin (2) common 911 network and database equipment, as appropriate, for automatically
selectively routing 911 calls to the public safety answering point serving the caller's
jurisdiction; and
deleted text end

deleted text begin (3) provision of automatic location identification if the public safety answering point
has the capability of providing that service. deleted text end new text begin the emergency response service a public safety
answering point provides as a result of processing 911 calls through its 911 system.
new text end

deleted text begin Subd. 17a. deleted text end

deleted text begin 911 emergency telecommunications service provider. deleted text end

deleted text begin "911 emergency
telecommunications service provider" means a telecommunications service provider or
other entity, determined by the commissioner to be capable of providing effective and
efficient components of the 911 system, that provides all or portions of the network and
database for automatically selectively routing 911 calls to the public safety answering point
serving the caller's jurisdiction.
deleted text end

Subd. 17b.

Prepaid wireless telecommunications service.

"Prepaid wireless
telecommunications service" means a wireless telecommunications service that allows the
caller to dial 911 to access the 911 deleted text begin system deleted text end new text begin network new text end , which service must be paid for in
advance and is:

(1) sold in predetermined units or dollars of which the number declines with use in a
known amount; or

(2) provides unlimited use for a predetermined time period.

The inclusion of nontelecommunications services, including the download of digital
products delivered electronically, content, and ancillary services, with a prepaid wireless
telecommunications service does not preclude that service from being considered a prepaid
wireless telecommunications service under this chapter.

Subd. 17c.

deleted text begin 911 deleted text end new text begin Public safety new text end telecommunicator.

" deleted text begin 911 deleted text end new text begin Public safety new text end telecommunicator"
means a person employed by a public safety answering point, an emergency medical dispatch
service provider, or both, who is qualified to answer incoming emergency telephone calls new text begin ,
text messages, and computer notifications new text end or provide for the appropriate emergency response
either directly or through communication with the appropriate public safety answering point.

new text begin Subd. 17d. new text end

new text begin Point of interconnection (POI). new text end

new text begin "Point of interconnection" or "POI" means
the location or locations within the 911 network where OSPs deliver 911 calls on behalf of
their users or subscribers for delivery to the appropriate public service answering point.
new text end

Subd. 18.

Public safety agency.

"Public safety agency" means deleted text begin a functional division of
a public agency which provides firefighting, police, medical, or other emergency services,
or a private entity which provides emergency medical or ambulance services deleted text end new text begin an agency that
provides emergency services to the public new text end .

Subd. 19.

Public safety answering point.

"Public safety answering point" new text begin or "PSAP"
new text end means a new text begin governmental agency operating a 24-hour new text end communications facility deleted text begin operated on a
24-hour basis which deleted text end new text begin that new text end first receives 911 new text begin and other emergency new text end calls deleted text begin from persons in a 911
service area and which may, as appropriate deleted text end , new text begin central station notifications, text messages, and
computer notifications and new text end directly deleted text begin dispatch public safety deleted text end new text begin dispatches emergency response new text end
services or deleted text begin extend, transfer, or relay 911 calls deleted text end new text begin relays communications new text end to appropriate public
safety agencies new text begin according to a specific operational policy new text end .

Subd. 19a.

Secondary public safety answering point.

"Secondary public safety
answering point" means a communications facility that deleted text begin : (1) is operated on a 24-hour basis,
in which a minimum of three public safety answering points (PSAPs) route calls for
postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to
reduce call volume at the PSAPs; and (3) is able to receive 911 calls routed to it from a
PSAP when the PSAP is unable to receive or answer 911 calls deleted text end new text begin receives calls transferred
from a public safety answering point and is connected to the 911 network new text end .

Subd. 19b.

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.

new text begin Subd. 19c. new text end

new text begin Public Utilities Commission (PUC). new text end

new text begin "Public Utilities Commission" or
"PUC" means the Minnesota state commission defined in section 216A.03.
new text end

new text begin Subd. 19d. new text end

new text begin Regional board. new text end

new text begin "Regional board" means one of the seven emergency
services and emergency communications boards in this state.
new text end

new text begin Subd. 19e. new text end

new text begin Service user. new text end

new text begin "Service user" means any person who initiates a 911 call to
receive emergency services.
new text end

new text begin Subd. 19f. new text end

new text begin Voice over Internet Protocol (VoIP) service provider. new text end

new text begin "Voice over Internet
Protocol service provider" or "VoIP service provider" means an entity that provides distinct
packetized voice information in a digital format using the Internet protocol directly or
through a third party, marketed or sold as telephone service interconnected with the PSTN,
including both facilities-based service providers and resellers of such services.
new text end

Subd. 20.

Wire-line deleted text begin telecommunications deleted text end new text begin communications new text end service provider.

"Wire-line
deleted text begin telecommunications deleted text end new text begin communications new text end 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 deleted text begin telecommunications deleted text end new text begin communications new text end
service, including local service, over wire-line facilities.

Subd. 20a.

Wireless deleted text begin telecommunications deleted text end new text begin communications new text end service.

"Wireless
deleted text begin telecommunications deleted text end new text begin communications new text end service" means a commercial mobile radio service,
as that term is defined in United States Code, title 47, section 332, subsection (d), including
all broadband personal communication services, wireless radio telephone services, and
geographic area specialized mobile radio licensees, that offer real-time, two-way voice
service interconnected with the public switched telephone network.

Subd. 21.

Wireless deleted text begin telecommunications deleted text end new text begin communications new text end service provider.

"Wireless
deleted text begin telecommunications deleted text end new text begin communications new text end service provider" means a provider of wireless
deleted text begin telecommunications deleted text end new text begin communications new text end service.

Sec. 2.

Minnesota Statutes 2020, section 403.025, is amended to read:

403.025 911 EMERGENCY deleted text begin TELECOMMUNICATIONS deleted text end new text begin COMMUNICATIONS new text end
SYSTEM new text begin AND SERVICES new text end REQUIRED.

deleted text begin Subdivision 1. deleted text end

deleted text begin General requirement. deleted text end

deleted text begin Each county shall operate and maintain a 911
emergency telecommunications system.
deleted text end

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 deleted text begin system deleted text end new text begin 911 network new text end . A public safety agency may maintain a separate secondary
backup number for emergency calls and deleted text begin shall deleted text end new text begin must new text end maintain a separate number for
nonemergency telephone calls.

new text begin Subd. 1b. new text end

new text begin State requirements. new text end

new text begin The commissioner must establish, maintain, and make
available to all counties a statewide interoperable ESInet backbone 911 network that ensures
interoperability between all public safety answering points connected to the network and
meets the requirements of counties operating 911 systems that have an approved update to
their 911 plans.
new text end

new text begin Subd. 1c. new text end

new text begin Contractual requirements. new text end

new text begin (a) The commissioner must contract with one or
more ECNSPs to deliver the 911 network.
new text end

new text begin (b) The contract language or subsequent amendments to the contracts between the parties
must contain provisions on how the 911 call routing and location validation data provided
by the counties will be utilized by the ECNSPs, including how data coordination and quality
assurance with the counties will be conducted.
new text end

new text begin (c) The contract language or subsequent amendments to contracts between the parties
must contain provisions for resolving disputes.
new text end

new text begin (d) All data required under this chapter or Minnesota Rules, chapter 7580, to route 911
calls, provide caller location, or to validate possible 911 caller location information that is
utilized or intended to be utilized by the 911 system must be provided by the counties and
the state without cost and may be utilized by ECNSPs and OSPs for purposes of performing
location data quality assurance, ensuring 911 system performance and statutory compliance.
Use of the data is governed by section 403.07 and Minnesota Rules, chapter 7580.
new text end

new text begin Subd. 1d. new text end

new text begin Intergovernmental agreements. new text end

new text begin Intergovernmental agreements may be
implemented between the commissioner and counties or regional boards to support 911
system plan changes, communicate the network design, and specify cybersecurity standards.
The commissioner must develop the master agreement in collaboration with the governmental
entity.
new text end

new text begin Subd. 1e. new text end

new text begin County requirements. new text end

new text begin (a) Each county must operate and maintain a 911
system and provide 911 services.
new text end

new text begin (b) Each county is responsible for creating and maintaining a master street address guide
and Geographical Information Systems data necessary to support accurate 911 call routing
and location validation required to support the 911 network.
new text end

new text begin Subd. 1f. new text end

new text begin 911 plans. new text end

new text begin Each participating county, federal, Tribal, or other organization
must maintain and update a 911 plan that accurately documents current operations and 911
system configurations within the public safety answering point in accordance with Minnesota
Rules, chapter 7580. The commissioner must review 911 system plans for compliance with
911 network and cybersecurity standards required under Minnesota Rules, chapter 7580.
new text end

new text begin Subd. 1g. new text end

new text begin Secondary public safety answering point requirements. new text end

new text begin Secondary public
safety answering points may be required to engage in agreements with the commissioner
regarding network design standards, cybersecurity standards, and 911 fee audits.
new text end

Subd. 2.

Multijurisdictional system.

The new text begin 911 network, 911 services, and new text end 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. new text begin An intergovernmental agreement must be in place between the participating
government entities in a multijurisdictional or regional system, and the commissioner must
be notified of the 911 plan change in accordance with Minnesota Rules, chapter 7580.
new text end

Subd. 3.

Connected deleted text begin telecommunications deleted text end new text begin originating new text end service provider
requirements.

deleted text begin Every owner and operator of a wire-line or wireless circuit switched or
packet-based telecommunications system connected to the public switched telephone network
shall design and maintain the system to dial the 911 number without charge to the caller. deleted text end new text begin
Every OSP must allow Minnesota customers to access 911 without charge and deliver the
request for emergency assistance to the Minnesota ESInet at a state-designated POI and
provide caller location information unless there are circumstances beyond the control of
the provider to define a valid caller address, geographic location, or primary place of address.
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Wireless requirements. deleted text end

deleted text begin 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.
deleted text end

Subd. 5.

Pay phone requirements.

Every pay phone owner and operator deleted text begin shall deleted text end new text begin must new text end
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 deleted text begin shall deleted text end new text begin must new text end design and maintain
the system to dial the 911 number without charge to the caller.

deleted text begin Subd. 7. deleted text end

deleted text begin Contractual requirements. deleted text end

deleted text begin (a) The state shall contract with the county or other
governmental agencies operating public safety answering points and with the appropriate
wire-line telecommunications service providers or other entities determined by the
commissioner to be capable of providing effective and efficient components of the 911
system for the operation, maintenance, enhancement, and expansion of the 911 system.
deleted text end

deleted text begin (b) The contract language or subsequent amendments to the contract must include a
description of the services to be furnished to the county or other governmental agencies
operating public safety answering points. 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.
deleted text end

deleted text begin (c) The contract language or subsequent amendments to contracts between the parties
must contain a provision for resolving disputes.
deleted text end

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin No person involved in the provision of 911 networks, systems, or
services who, in good faith: (1) receives, develops, collects, or processes information for
the 911 databases; or (2) relays, transfers, operates, maintains, or provides 911 networks,
services, or system capabilities is liable for damages in any civil action for any act or
omission that results in death, injury, or loss to person or property unless such action or
inaction constitutes negligence or an intentional tort.
new text end

Sec. 3.

Minnesota Statutes 2020, section 403.03, subdivision 2, is amended to read:

Subd. 2.

Telephone cardiopulmonary resuscitation program.

(a) deleted text begin On or before July
1, 2021, deleted text end Every public safety answering point must maintain a telephone cardiopulmonary
resuscitation program by either:

(1) providing each deleted text begin 911 deleted text end new text begin public safety new text end telecommunicator with training in cardiopulmonary
resuscitation; or

(2) transferring callers to another public safety answering point with deleted text begin 911 deleted text end new text begin public safety new text end
telecommunicators that have received training in cardiopulmonary resuscitation.

(b) Training in cardiopulmonary resuscitation must, at a minimum, include:

(1) use of an evidence-based protocol or script for providing cardiopulmonary
resuscitation instruction that has been recommended by an academic institution or a nationally
recognized organization specializing in medical dispatch and, if the public safety answering
point has a medical director, approved by that medical director; and

(2) appropriate continuing education, as determined by the evidence-based protocol for
providing cardiopulmonary resuscitation instruction and, if the public safety answering
point has a medical director, approved by that medical director.

(c) A public safety answering point that transfers callers to another public safety
answering point must, at a minimum:

(1) use an evidence-based protocol for the identification of a person in need of
cardiopulmonary resuscitation;

(2) provide each deleted text begin 911 deleted text end new text begin public safety new text end telecommunicator with appropriate training and
continuing education to identify a person in need of cardiopulmonary resuscitation through
the use of an evidence-based protocol; and

(3) ensure that any public safety answering point to which calls are transferred uses deleted text begin 911 deleted text end new text begin
public safety new text end telecommunicators who meet the training requirements under paragraph (b).

(d) Each public safety answering point deleted text begin shall deleted text end new text begin must new text end conduct ongoing quality assurance of
its telephone cardiopulmonary resuscitation program.

Sec. 4.

Minnesota Statutes 2020, section 403.03, subdivision 4, is amended to read:

Subd. 4.

Liability exemption.

(a) If a caller refuses or is otherwise unwilling or unable
to provide cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation
instruction, the deleted text begin 911 deleted text end new text begin public safety new text end telecommunicator is not required to provide
cardiopulmonary resuscitation instruction and is immune from civil liability for any damages
resulting from the fact that such instruction was not provided.

(b) Telephone cardiopulmonary resuscitation instruction is a general duty to the public
rather than a special duty owed to individuals, and a deleted text begin 911 deleted text end new text begin public safety new text end telecommunicator
must exercise judgment and discretion in performing actions including but not limited to:

(1) determining whether a particular situation requires instituting the cardiopulmonary
resuscitation program;

(2) determining whether a caller refuses or is otherwise unable or unwilling to provide
cardiopulmonary resuscitation or receive telephone cardiopulmonary resuscitation instruction;

(3) using and appropriately adapting an evidence-based protocol or script for providing
cardiopulmonary resuscitation instruction based on individual callers and emergency
situations presented by callers; and

(4) determining when to transfer a caller to another public safety answering point with
deleted text begin 911 deleted text end new text begin public safety new text end telecommunicators that have received training in cardiopulmonary
resuscitation.

Sec. 5.

Minnesota Statutes 2020, section 403.05, is amended to read:

403.05 911 deleted text begin SYSTEM deleted text end new text begin NETWORK new text end OPERATION AND MAINTENANCE.

Subdivision 1.

Operate and maintain.

deleted text begin Each county or any other governmental agency
shall deleted text end new text begin The commissioner must new text end operate and maintain deleted text begin its deleted text end new text begin a statewide new text end 911 deleted text begin system to meet deleted text end new text begin
network meeting new text end the requirements deleted text begin of governmental agencies whose services are available
through the 911 system and to permit future expansion or enhancement of the system deleted text end new text begin set
forth by the commissioner through rules established under chapter 14, including but not
limited to network and data performance measures, diversity, redundancy, interoperability,
and cybersecurity. Each county, federal, Tribal, or other organization connected to the
statewide 911 network must operate and maintain a 911 system that meets the requirements
of governmental agencies whose services are available through the 911 network new text end .

new text begin Subd. 1a. new text end

new text begin GIS validation and aggregation. new text end

new text begin The commissioner must provide geospatial
data validation and aggregation tools that counties need in order to share the GIS data
required for the 911 network.
new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Rule requirements for 911 system plans. deleted text end

deleted text begin Each county or any other
governmental agency shall maintain and update its 911 system plans as required under
Minnesota Rules, chapter 1215.
deleted text end

new text begin Subd. 2a. new text end

new text begin Responsibilities of PSAPs. new text end

new text begin (a) Each PSAP connecting to the statewide 911
network must comply with state and, where applicable, regional 911 plans. Federal, Tribal,
or other governmental organizations operating their own 911 systems must be approved by
the commissioner.
new text end

new text begin (b) Any PSAP not connected to the state 911 network that desires to interact with a 911
system or has an agreement for shared 911 services must be interoperable with the state
911 network.
new text end

Subd. 3.

Agreements for service.

deleted text begin Each county or any other governmental agency shall
contract with the state for the recurring and nonrecurring costs associated with operating
and maintaining 911 emergency communications systems. If requested by the county or
other governmental agency, the county or agency is entitled to be a party to any contract
between the state and any wire-line telecommunications service provider or 911 emergency
telecommunications service provider providing components of the 911 system within the
county. deleted text end new text begin The state must contract for facilities and services associated with operating and
maintaining the Minnesota statewide 911 network and ESInet. The contract and any
subsequent amendments must include a description of the services to be provided and the
terms of compensation based on the prices agreed to by the parties.
new text end

Sec. 6.

Minnesota Statutes 2020, section 403.06, is amended to read:

403.06 COMMISSIONER'S DUTIES.

Subdivision 1.

System coordination, improvements, variations, and agreements.

The
commissioner deleted text begin shall deleted text end new text begin may new text end coordinate new text begin with counties on new text end the new text begin management and new text end maintenance of
new text begin their new text end 911 systems. new text begin If requested, new text end the commissioner deleted text begin shall deleted text end new text begin must new text end aid counties in the formulation
of deleted text begin concepts, methods, deleted text end new text begin their public safety answering point plans, system design plans,
performance and operational requirements, new text end and procedures which will improve the operation
and maintenance of new text begin their new text end 911 systems. deleted text begin 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.
deleted text end

Subd. 1a.

Biennial budget; annual financial report.

The commissioner deleted text begin shall deleted text end new text begin must new text end
prepare a biennial budget deleted text begin for maintaining the 911 system. deleted text end by December 15 of each year deleted text begin , deleted text end new text begin . new text end
The commissioner deleted text begin shall deleted text end new text begin must new text end submit a report to the legislature detailing the expenditures
for maintaining the 911 deleted text begin system deleted text end new text begin network new text end , the 911 fees collected, the balance of the 911 fund,
deleted text begin the deleted text end 911-related administrative expenses of the commissioner, new text begin the 911 fees collected, new text end and
the most recent forecast of revenues and expenditures for the 911 emergency
telecommunications service account, including a separate projection of deleted text begin E911 deleted text end new text begin 911 new text end fees from
prepaid wireless customers and projections of year-end fund balances. The commissioner
is authorized to expend money that has been appropriated to pay for the maintenance,
enhancements, and expansion of the 911 deleted text begin system deleted text end new text begin network new text end .

new text begin Subd. 1b. new text end

new text begin Connection plan required; commissioner review and enforcement. new text end

new text begin (a)
The commissioner must respond to network and database change requests by OSPs promptly
and no later than within 45 days of the request unless otherwise mutually agreed to by the
parties. All network and location database variances requested by OSPs connecting to the
ESInet must comply with Minnesota Rules.
new text end

new text begin (b) All OSPs must submit and maintain a plan for connection to the 911 network POIs
in accordance with the requirements set forth in Minnesota Rules. The commissioner must
review all connection plans to ensure compliance with all 911 network and database design
and performance requirements.
new text end

Subd. 2.

Waiver.

Any county, deleted text begin other governmental agency, wireless telecommunications
service provider, or wire-line telecommunications service provider deleted text end new text begin federal, Tribal, or other
organization connected to the statewide 911 network or OSP new text end 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.

Sec. 7.

Minnesota Statutes 2020, section 403.07, as amended by Laws 2021, First Special
Session chapter 11, article 2, section 23, is amended to read:

403.07 new text begin NETWORK new text end STANDARDS ESTABLISHED; DATA PRIVACY.

Subdivision 1.

Rules.

The commissioner deleted text begin shall deleted text end new text begin must new text end establish and adopt in accordance
with chapter 14, rules for the administration of this chapter and for the development of 911
deleted text begin systems deleted text end new text begin network new text end in the state including:

(1) design new text begin and performance new text end standards for new text begin the new text end 911 deleted text begin systems incorporating the standards
adopted pursuant to subdivision 2 for the seven-county metropolitan area deleted text end new text begin network, including
but not limited to network, routing, and database standards for counties, OSPs, and ECNSPs new text end ;
and

(2) deleted text begin a procedure for determining and evaluating requests for variations from the established
design standards deleted text end new text begin design and performance standards for the ten-county metropolitan area,
incorporating the standards adopted pursuant to subdivision 2 new text end .

Subd. 2.

Design standards for metropolitan area.

The Metropolitan Emergency
Services Board deleted text begin shall deleted text end new text begin must new text end establish and adopt design new text begin and performance new text end standards for the
deleted text begin metropolitan area 911 system and transmit them to the commissioner for incorporation into
the rules adopted pursuant to this section deleted text end new text begin 911 network for the ten-county metropolitan area,
including but not limited to network design, routing, and database standards for counties,
OSPs, and ECNSPs operating in the ten-county metropolitan area and provide them to the
commissioner in accordance with chapter 14 for incorporation into the rules adopted pursuant
to this section. Such standards must be interoperable with the statewide 911 network and
data standards new text end .

Subd. 3.

deleted text begin Database deleted text end new text begin Location data new text end .

deleted text begin 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 Communications Act of 1932, United States Code, title 47,
section 222, subsection (g). deleted text end new text begin All OSPs must provide to the 911 network, at the time of each
911 call, the location of the device making the 911 call, unless there are circumstances
beyond the control of the provider that prevents the OSP from sharing the location data.
Any OSP supplying the location of 911 calls in civic address form must prevalidate the
address to location data supplied by the county and accessible through the NGCS.
new text end

new text begin Subd. 3a. new text end

new text begin Access to data for accuracy verification. new text end

new text begin (a) OSPs must, upon request of
the state, a region, the ECNSP, or a PSAP, and at no cost, provide a copy of subscriber
address location information or GIS data used by the OSP that is necessary to verify location
and routing accuracy of 911 calls. Any ECNSP routing 911 calls must, upon request of the
state, a region, or PSAP, provide a copy of routing files used in determining PSAP selection
for the purpose of verifying routing accuracy.
new text end

new text begin (b) OSPs must, upon request of the state, a region, the ECNSP, or a PSAP, provide a
copy of subscriber address location information for uses specific to 911 systems. This request
may carry a cost to the requester.
new text end

new text begin Subd. 3b. new text end

new text begin Database standards in metropolitan area. new text end

new text begin The Metropolitan Emergency
Services Board must establish and adopt 911 database standards for OSPs operating in the
ten-county metropolitan area 911 system and provide them to the commissioner for
incorporation in accordance with chapter 14 into the rules adopted pursuant to this section.
new text end

Subd. 4.

Use of furnished information.

(a) Names, addresses, and telephone numbers
provided to a 911 system under subdivision 3 are private data and may be used only:

(1) to identify the location or identity, or both, of a person calling a 911 deleted text begin public safety
answering point deleted text end new text begin PSAP new text end ; or

(2) by a deleted text begin public safety answering point deleted text end new text begin PSAP new text end to notify the public of an emergency.

new text begin (b) new text end The information furnished under deleted text begin subdivision 3 deleted text end new text begin this chapter and the rules adopted
pursuant to subdivision 1 new text end may not be used or disclosed by 911 system agencies, their agents,
or their employees for any other purpose except under a court order.

deleted text begin (b) deleted text end new text begin (c) new text end For purposes of this subdivision, "emergency" means a situation in which property
or human life is in jeopardy and the prompt notification of the public by the public safety
answering point is essential.

deleted text begin Subd. 5. deleted text end

deleted text begin Liability. deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (e) A telecommunications service provider that participates in or cooperates with the
public safety answering point in notifying the public of an emergency, as authorized under
subdivision 4, is immune from liability arising out of the notification except for willful or
wanton misconduct.
deleted text end

Sec. 8.

Minnesota Statutes 2020, section 403.08, is amended to read:

403.08 deleted text begin WIRELESS TELECOMMUNICATIONS deleted text end new text begin ORIGINATING new text end SERVICE
deleted text begin PROVIDER deleted text end new text begin PROVIDERS new text end .

Subd. 7.

Duties.

deleted text begin 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. Each
wireless telecommunications service provider shall annually 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. deleted text end new text begin Each originating service provider must cooperate in planning and
implementing integration with the statewide 911 network to meet Federal Communications
Commission and Minnesota Public Utilities Commission 911 requirements, as applicable.
new text end

Subd. 9.

Scope.

Planning considerations must include deleted text begin 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 deleted text end new text begin a plan to interconnect to the 911 network POIs, the retention and reuse of
existing 911 infrastructure, and the implications of the Federal Communications
Commission's wireless location accuracy requirements new text end .

Subd. 10.

Plan integration.

deleted text begin Counties shall incorporate the statewide design when
modifying county 911 plans to provide for integrating wireless 911 service into existing
county 911 systems. deleted text end new text begin Originating service providers must annually submit plans to the
commissioner detailing how they will connect, or confirming how they already connect, to
the statewide 911 network.
new text end

Subd. 11.

Liability.

deleted text begin (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.
deleted text end

deleted text begin (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. deleted text end new text begin Originating service providers are subject to
the liability provisions under section 403.025, subdivision 8.
new text end

deleted text begin Subd. 12. deleted text end

deleted text begin Notification of subscriber. deleted text end

deleted text begin 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.
deleted text end

Sec. 9.

Minnesota Statutes 2020, section 403.09, subdivision 2, is amended to read:

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 deleted text begin wire-line telecommunications deleted text end new text begin originating new text end service provider that new text begin falls
under the commission's authority and new text end refuses to comply with this chapter.

Sec. 10.

Minnesota Statutes 2020, section 403.10, is amended to read:

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 deleted text begin shall deleted text end new text begin must new text end render its services to the requesting party without regard to jurisdictional
boundaries.

Subd. 2.

Notice to deleted text begin public safety deleted text end new text begin government new text end agency.

deleted text begin Public safety deleted text end new text begin Government new text end agencies
with jurisdictional responsibilities deleted text begin shall deleted text end new text begin must new text end 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 new text begin and 911 services new text end .

Sec. 11.

Minnesota Statutes 2020, section 403.11, as amended by Laws 2021, First Special
Session chapter 11, article 2, section 24, is amended to read:

403.11 911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each customer
of deleted text begin a wireless or wire-line switched or packet-based telecommunications deleted text end new text begin an originating new text end
service provider connected to the public switched telephone network that furnishes service
capable of originating a 911 emergency telephone call is assessed a fee based upon the
number of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset 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 new text begin and defined reserves are met new text end must not cancel and is carried
forward to subsequent years and may be appropriated deleted text begin from time to time deleted text end to the commissioner
to provide financial assistance to deleted text begin counties deleted text end new text begin eligible entities new text end for the improvement of deleted text begin local
emergency telecommunications services deleted text end new text begin 911 systems in compliance with use as designated
in section 403.113, subdivision 3 new text end .

(c) The fee may not be more than 95 cents a month on or after July 1, 2010, 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 management and
budget, the commissioner of public safety deleted text begin shall deleted text end new text begin must new text end establish the amount of the fee within
the limits specified and inform the companies and carriers of the amount to be collected.
deleted text begin 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. deleted text end The commissioner deleted text begin shall deleted text end new text begin must new text end provide companies and carriers a
minimum of 45 days' notice of each fee change. The fee must be the same for all customers,
except that the fee imposed under this subdivision does not apply to prepaid wireless
telecommunications service, which is instead subject to the fee imposed under section
403.161, subdivision 1, paragraph (a).

(d) The fee must be collected by each deleted text begin wireless or wire-line telecommunications deleted text end new text begin
originating new text end 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. new text begin
The money in the account may only be used for costs outlined in section 403.113.
new text end

(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.

Subd. 1a.

Fee collection declaration.

If the commissioner disputes the accuracy of a
fee submission or if no fees are submitted by deleted text begin a wireless, wire-line, or packet-based
telecommunications service provider, the wireless, wire-line, or packet-based
telecommunications deleted text end new text begin an originating new text end service provider deleted text begin shall deleted text end new text begin , the OSP must new text end submit a sworn
declaration signed by an officer of the company certifying, under penalty of perjury, that
the information provided with the fee submission is true and correct. The sworn declaration
must specifically describe and affirm that the 911 fee computation is complete and accurate.
When deleted text begin a wireless, wire-line, or packet-based telecommunications service provider deleted text end new text begin an OSP new text end
fails to provide a sworn declaration within 90 days of notice by the commissioner that the
fee submission is disputed, the commissioner may estimate the amount due from the deleted text begin wireless,
wire-line, or packet-based telecommunications service provider deleted text end new text begin OSP new text end and refer that amount
for collection under section 16D.04.

Subd. 1b.

Examination of fees.

If the commissioner determines that an examination is
necessary to document the fee submission and sworn declaration in subdivision 1a, the
deleted text begin wireless, wire-line, or packet-based telecommunications deleted text end new text begin originating new text end service provider must
contract with an independent certified public accountant to conduct an examination of fees.
The examination must be conducted in accordance with attestation audit standards.

Subd. 3.

Method of payment.

(a) Any wireless or wire-line telecommunications service
provider incurring reimbursable costs under subdivision 1 deleted text begin shall deleted text end new text begin may new text end submit an invoice
itemizing rate elements by county or service area to the commissioner for 911 services
furnished under 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. The commissioner deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end estimate the amount required to reimburse 911
emergency telecommunications service providers and wireless and wire-line
telecommunications service providers for the state's obligations under subdivision 1 new text begin , new text end and
the governor deleted text begin shall deleted text end new text begin must new text end include the estimated amount in the biennial budget request.

Subd. 3a.

Timely invoices.

An invoice for services provided for in the contract with a
wireless or wire-line telecommunications service provider must be submitted to the
commissioner no later than 90 days after commencing a new or additional eligible 911
service. Each applicable contract must provide that, if certified expenses under the contract
deviate from estimates in the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination fees.

Subd. 3b.

Declaration.

If the commissioner disputes an invoice, the wireless and
wire-line telecommunications service providers deleted text begin shall deleted text end new text begin must new text end submit a declaration under section
16A.41 signed by an officer of the company with the invoices for payment of service
described in the service provider's 911 contract. The sworn declaration must specifically
describe and affirm that the 911 service contracted for is being provided and the costs
invoiced for the service are true and correct. When a wireless or wire-line telecommunications
service provider fails to provide a sworn declaration within 90 days of notice by the
commissioner that the invoice is disputed, the disputed amount of the invoice must be
disallowed.

Subd. 3c.

Audit.

If the commissioner determines that an audit is necessary to document
the invoice and sworn declaration 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. 3d.

Eligible telecommunications carrier; requirement.

No deleted text begin wireless
communications deleted text end new text begin originating service new text end provider may provide telecommunications services
under a designation of eligible telecommunications carrier, as provided under Minnesota
Rules, part 7811.1400, until and unless the commissioner of public safety certifies to the
chair of the public utilities commission that the wireless telecommunications provider is
not in arrears in amounts owed to the 911 emergency telecommunications service account
in the special revenue fund.

Subd. 4.

Local recurring costs.

Recurring costs deleted text begin of deleted text end new text begin not covered as part of the state 911
network contracts for new text end 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
deleted text begin shall deleted text end new text begin must new text end 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.

new text begin Subd. 5a. new text end

new text begin Originating service provider connection; responsibility for costs. new text end

new text begin Originating
service providers are required to connect 911 calls originated by their users and subscribers
to points of interconnection provided by the state in accordance with requirements set forth
by the commissioner through the rules established under chapter 14. Costs for the connectivity
and delivery of 911 calls, including caller location data, to the POIs are the responsibility
of the OSP.
new text end

Subd. 6.

new text begin Originating service provider new text end report.

(a) deleted text begin Beginning deleted text end new text begin Each new text end September 1 deleted text begin , 2013,
and continuing semiannually thereafter deleted text end new text begin and March 1 new text end , each deleted text begin wireless telecommunications deleted text end new text begin
originating new text end service provider deleted text begin shall deleted text end new text begin must new text end report to the commissioner, based on the deleted text begin mobile deleted text end new text begin
subscriber's new text end telephone number deleted text begin , both deleted text end new text begin . Wireless communication providers must include new text end the
total number of prepaid wireless telecommunications subscribers sourced to Minnesota and
the total number of wireless telecommunications subscribers sourced to Minnesota. The
report must be filed on the same schedule as Federal Communications Commission Form
477.

(b) The commissioner deleted text begin shall deleted text end new text begin must new text end make a standard form available to all wireless
telecommunications service providers for submitting information required to compile the
report required under this subdivision.

(c) The information provided to the commissioner under this subdivision is considered
trade secret information under section 13.37 and may only be used for purposes of
administering this chapter.

Sec. 12.

Minnesota Statutes 2020, section 403.113, is amended to read:

403.113 ENHANCED 911 SERVICE COSTS; FEE.

Subdivision 1.

Fee.

A portion of the fee collected under section 403.11 must be used to
fund implementation, operation, maintenance, enhancement, and expansion of deleted text begin enhanced deleted text end new text begin
the new text end 911 deleted text begin service deleted text end new text begin network new text end , including acquisition of necessary equipment and the costs of the
commissioner to administer the program new text begin in accordance with Federal Communications
Commission rules new text end .

Subd. 2.

Distribution of money.

(a) After payment of the costs of the commissioner to
administer the program, the commissioner deleted text begin shall deleted text end new text begin must new text end 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), deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin enhanced deleted text end
911 deleted text begin service deleted text end new text begin systems or services new text end may be spent on enhanced 911 system costs for the purposes
stated in subdivision 1 deleted text begin . 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. deleted text end new text begin as well as expenses deemed allowable under Code of Federal Regulations, title 47,
section 9.23.
new text end

(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
deleted text begin communications centers deleted text end new text begin public safety answering points new text end ;

(2) deleted text begin mobile communications vehicles, deleted text end 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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) any purposes prohibited by the Federal Communications Commission; and
new text end

new text begin (5) transferring of 911 fees into a state or other jurisdiction's general fund or other fund
for non-911 purposes.
new text end

Subd. 4.

Audits.

new text begin (a) new text end Each county and city or deleted text begin other governmental entity deleted text end new text begin federal, Tribal,
or other organization connected to the statewide 911 network new text end as described in subdivision
2, paragraph (a), clause (1), deleted text begin shall deleted text end new text begin or secondary public safety answering point must new text end conduct
an deleted text begin annual deleted text end audit new text begin in accordance with Minnesota Rules, chapter 7580, and Code of Federal
Regulations, title 47, section 9.25, new text end on the use of funds distributed to it for deleted text begin enhanced deleted text end 911
deleted text begin service deleted text end new text begin systems or services to ensure the distribution is spent according to subdivision 3 new text end . A
copy of each audit report must be submitted to the commissioner.

new text begin (b) The commissioner may request a state audit of a county, federal, Tribal, or other
organization connected to the statewide 911 network which receives 911 funds from the
state to operate its 911 system or service to ensure compliance with subdivision 3.
new text end

new text begin (c) Failure to submit an audit may result in a disruption of 911 fee distribution until the
audit is submitted.
new text end

Sec. 13.

Minnesota Statutes 2020, section 403.15, is amended to read:

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 new text begin or upgraded new text end after December 31, 2004, deleted text begin shall deleted text end new text begin must new text end
design and maintain the system to provide a callback number new text begin or 10-digit caller ID new text end and
emergency response location.

Subd. 2.

Multiline telephone system user dialing instructions.

new text begin (a) new text end Each multiline
telephone system new text begin (MLTS) new text end operator must demonstrate or otherwise inform each new telephone
system user how to call for emergency assistance from that particular multiline telephone
system.

new text begin (b) MLTS platforms that are manufactured, imported, offered for first sale or lease, first
sold or leased, or installed after February 16, 2020, must enable users to directly initiate a
call to 911 from any station equipped with dialing facilities without dialing any additional
digit, code, prefix, or post-fix, including any trunk-access code such as the digit 9, regardless
of whether the user is required to dial such a digit, code, prefix, or postfix for other calls.
new text end

new text begin (c) MLTSs that are manufactured, imported, offered for first sale or lease, first sold or
leased, or installed after February 16, 2020, must be configured so that upon an occurrence
of a 911 call it will provide a notification that a 911 call has been made to a central location
at the facility where the system is installed or to another person or organization, regardless
of location, if the system is able to be configured to provide the notification without an
improvement to the hardware or software of the system.
new text end

Subd. 3.

Shared residential multiline telephone system.

On and after January 1, 2005,
operators of shared multiline telephone systems, whenever installed, serving residential
customers deleted text begin shall deleted text end new text begin must new text end 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 new text begin operated by the facility new text end ; 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 deleted text begin shall deleted text end new text begin must new text end permit the dialing of 911 and deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 new text begin operated by the employer new text end ; 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 deleted text begin shall deleted text end new text begin must new text end 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 work space is less than 40,000 square feet, located on a single floor
and on a single contiguous property;

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

(3) an employer's work space 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 new text begin operated by the educational institution new text end ; 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.

new text begin Subd. 9. new text end

new text begin MLTS location compliance notification. new text end

new text begin Beginning July 1, 2022, all vendors
of MLTSs or hosted MLTS services in Minnesota must disclose to their customers the 911
location requirements in this chapter and include 911 location compliant capabilities in the
systems or services they sell. Failure to comply may waive any liability protections for the
vendor as provided in section 403.025, subdivision 8.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 403.02, as amended
by this act, so that the subdivisions are alphabetical. The revisor must correct any
cross-references made necessary by this renumbering.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 403.09, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-04824

403.09 ENFORCEMENT.

Subd. 3.

Dispute resolution.

Disputes between parties must be resolved pursuant to section 403.025, subdivision 7, paragraph (c).