Minnesota Legislature
HF 1566
as introduced - 93rd Legislature (2023 - 2024) Posted on 05/01/2023 10:27pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/09/2023 |
Current Version - as introduced
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A bill for an act
relating to health; establishing requirements for the commissioner of health to
administer lifeline centers to respond to 988 contacts; authorizing a 988 prepaid
wireless fee and 988 telecommunications fee; authorizing rulemaking; appropriating
money; amending Minnesota Statutes 2022, sections 403.161, subdivisions 1, 3,
5, 6, 7; 403.162, subdivisions 1, 2, 5; proposing coding for new law in Minnesota
Statutes, chapter 145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[145.561] 988 SUICIDE AND CRISIS LIFELINE.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following definitions
apply.
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(b) "Commissioner" means the commissioner of health.
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(c) "Department" means the Department of Health.
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(d) "Lifeline center" means a state-identified center that is a member of the Suicide and
Crisis Lifeline network that responds to statewide or regional 988 contacts.
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(e) "988" or "988 hotline" means the universal telephone number for the national suicide
prevention and mental health crisis hotline system within the United States operating through
the Suicide and Crisis Lifeline, or its successor, maintained by the assistant secretary for
mental health and substance use under section 520E-2 of the Public Health Service Act.
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(f) "988 administrator" means the administrator of the 988 Suicide and Crisis Lifeline
maintained by the assistant secretary for mental health and substance use under section
520E-3 of the Public Health Service Act.
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(g) "988 contact" means a communication with the 988 national suicide prevention and
mental health crisis hotline system within the United States via modalities offered that may
include call, chat, or text.
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(h) "Veterans Crisis Line" means the Veterans Crisis Line maintained by the secretary
of veterans affairs under United States Code, title 38, section 170F(h).
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new text begin Subd. 2. new text end
new text begin 988 hotline; lifeline centers. new text end
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(a) The commissioner shall administer the
designation of and oversee a lifeline center or network of lifeline centers to answer 988
contacts from individuals accessing the Suicide and Crisis Lifeline from any location in
Minnesota 24 hours per day, seven days per week.
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(b) The designated lifeline center or centers must:
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(1) have an active agreement with the 988 administrator for participation within the
network and with the department;
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(2) meet the 988 administrator's requirements and best practice guidelines for operational
and clinical standards;
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(3) provide data, engage in reporting, and participate in evaluations and related quality
improvement activities as required by the 988 administrator and the department;
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(4) identify or adapt technology that is demonstrated to be interoperable across crisis
and emergency response systems used in the state for the purpose of crisis care coordination;
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(5) connect people to crisis response and outgoing services, including mobile crisis
teams, in accordance with guidelines established by the 988 administrator and the department
and in collaboration with the Department of Human Services;
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(6) actively collaborate and coordinate service linkages with mental health and substance
use disorder treatment providers; local community mental health centers, including certified
community behavioral health clinics and community behavioral health centers; mobile crisis
teams; and emergency departments;
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(7) offer follow-up services to individuals accessing the lifeline center that are consistent
with guidelines established by the 988 administrator and the department; and
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(8) meet requirements set by the 988 administrator and the department for serving
high-risk and specialized populations and culturally or ethnically diverse populations.
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(c) The commissioner shall use the commissioner's rulemaking authority to allow
appropriate information sharing and communication between and across crisis and emergency
response systems.
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(d) The commissioner, having primary oversight of suicide prevention, shall work with
the Suicide and Crisis Lifeline, Veterans Crisis Line, and other SAMHSA-approved networks
to ensure consistency of public messaging about 988 services. The commissioner may
engage in activities to publicize and raise awareness about 988 services, or may provide
grants to other organizations for these purposes.
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(e) The commissioner shall provide an annual report to the legislature on usage of the
988 hotline, including answer rates, rates of abandoned calls, and referral rates to 911
emergency response and to mental health crisis teams. Notwithstanding section 144.05,
subdivision 7, the reports required under this paragraph do not expire.
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new text begin Subd. 3. new text end
new text begin 988 special revenue account. new text end
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(a) A 988 special revenue account is established
as a dedicated account in the special revenue fund to create and maintain a statewide 988
suicide prevention crisis system according to the National Suicide Hotline Designation Act
of 2020, the Federal Communications Commission's report and order FCC 20-100 adopted
July 16, 2020, and national guidelines for crisis care.
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(b) The 988 special revenue account shall consist of:
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(1) a 988 telecommunications fee imposed under subdivision 4;
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(2) a prepaid wireless 988 fee imposed under section 403.161;
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(3) transfers of state money into the account;
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(4) grants and gifts intended for deposit in the account;
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(5) interest, premiums, gains, and other earnings of the account; and
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(6) money from any other source that is deposited in or transferred to the account.
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(c) The account shall be administered by the commissioner. Money in the account shall
only be used to offset costs that are or may reasonably be attributed to:
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(1) implementing, maintaining, and improving the 988 suicide and crisis lifeline, including
staff and technology infrastructure enhancements needed to achieve the operational standards
and best practices set forth by the 988 administrator and the department;
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(2) data collection, reporting, participation in evaluations, public promotion, and related
quality improvement activities as required by the 988 administrator and the department;
and
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(3) administration, oversight, and evaluation of the account.
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(d) Money in the account:
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(1) does not cancel at the end of any state fiscal year and is carried forward in subsequent
state fiscal years;
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(2) is not subject to transfer to any other account or fund or to transfer, assignment, or
reassignment for any use or purpose other than the purposes specified in this subdivision;
and
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(3) is appropriated to the commissioner for the purposes specified in this subdivision.
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(e) The commissioner shall submit an annual report to the legislature and to the Federal
Communications Commission on deposits to and expenditures from the account.
Notwithstanding section 144.05, subdivision 7, the reports required under this paragraph
do not expire.
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new text begin Subd. 4. new text end
new text begin 988 telecommunications fee. new text end
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(a) In compliance with the National Suicide
Hotline Designation Act of 2020, the commissioner shall impose a monthly statewide fee
on each subscriber of a wireline, wireless, or IP-enabled voice service at a rate that provides
for the robust creation, operation, and maintenance of a statewide 988 suicide prevention
and crisis system.
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(b) The commissioner shall annually recommend to the Public Utilities Commission an
adequate and appropriate fee to implement this section. The amount of the fee must comply
with the limits in paragraph (c). The commissioner shall provide telecommunication service
providers and carriers a minimum of 30 days' notice of each fee change.
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(c) The amount of the 988 telecommunications fee must not be less than 12 cents per
month and must not be more than 25 cents per month on or after January 1, 2024, for each
consumer access line, including trunk equivalents as designated by the commission pursuant
to section 403.11, subdivision 1. The 988 telecommunications fee must be the same for all
subscribers.
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(d) Each wireline, wireless, and IP-enabled voice telecommunication service provider
shall collect the 988 telecommunications fee and transfer the amounts collected to the
commissioner of public safety in the same manner as provided in section 403.11, subdivision
1, paragraph (d).
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(e) The commissioner of public safety shall deposit the money collected from the 988
telecommunications fee to the 988 special revenue account established in subdivision 3.
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(f) All 988 telecommunications fee revenue must be used to supplement, and not supplant,
federal, state, and local funding for suicide prevention.
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(g) The 988 telecommunications fee amount shall be adjusted as needed to provide for
continuous operation of the lifeline centers and 988 hotline, volume increases, and
maintenance.
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(h) The commissioner shall annually report to the Federal Communications Commission
on revenue generated by the 988 telecommunications fee.
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new text begin Subd. 5. new text end
new text begin 988 fee for prepaid wireless telecommunications services. new text end
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(a) The 988
telecommunications fee established in subdivision 4 does not apply to prepaid wireless
telecommunications services. Prepaid wireless telecommunications services are subject to
the prepaid wireless 988 fee established in section 403.161, subdivision 1, paragraph (c).
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(b) Collection, remittance, and deposit of prepaid wireless 988 fees are governed by
sections 403.161 and 403.162.
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Sec. 2.
Minnesota Statutes 2022, section 403.161, subdivision 1, is amended to read:
Subdivision 1.
Fees imposed.
(a) A prepaid wireless E911 fee of 80 cents per retail
transaction is imposed on prepaid wireless telecommunications service until the fee is
adjusted as an amount per retail transaction under subdivision 7.
(b) A prepaid wireless telecommunications access Minnesota fee, in the amount of the
monthly charge provided for in section 237.52, subdivision 2, is imposed on each retail
transaction for prepaid wireless telecommunications service until the fee is adjusted as an
amount per retail transaction under subdivision 7.
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(c) A prepaid wireless 988 fee, in the amount of the monthly charge provided for in
section 145.561, subdivision 4, paragraph (b), is imposed on each retail transaction for
prepaid wireless telecommunications service until the fee is adjusted as an amount per retail
transaction under subdivision 7.
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Sec. 3.
Minnesota Statutes 2022, section 403.161, subdivision 3, is amended to read:
Subd. 3.
Fee collected.
The prepaid wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access
Minnesotanew text begin , and 988new text end fees must be collected by the seller from the consumer for each retail
transaction occurring in this state. The amount of each fee must be combined into one
amount, which must be separately stated on an invoice, receipt, or other similar document
that is provided to the consumer by the seller.
Sec. 4.
Minnesota Statutes 2022, section 403.161, subdivision 5, is amended to read:
Subd. 5.
Remittance.
The prepaid wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access
Minnesotanew text begin , and 988new text end fees are the liability of the consumer and not of the seller or of any
provider, except that the seller is liable to remit all fees as provided in section 403.162.
Sec. 5.
Minnesota Statutes 2022, section 403.161, subdivision 6, is amended to read:
Subd. 6.
Exclusion for calculating other charges.
The combined amount of the prepaid
wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access Minnesotanew text begin , and 988new text end fees collected by a seller
from a consumer must not be included in the base for measuring any tax, fee, surcharge, or
other charge that is imposed by this state, any political subdivision of this state, or any
intergovernmental agency.
Sec. 6.
Minnesota Statutes 2022, section 403.161, subdivision 7, is amended to read:
Subd. 7.
Fee changes.
(a) The prepaid wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access
Minnesota deleted text begin feedeleted text end new text begin , and 988 feesnew text end must be proportionately increased or reduced upon any change
to the fee imposed under section 403.11, subdivision 1, paragraph (c), after July 1, 2013,
deleted text begin ordeleted text end the fee imposed under section 237.52, subdivision 2, new text begin or the fee imposed under section
145.561, subdivision 4, new text end as applicable.
(b) The department shall post notice of any fee changes on its website at least 30 days
in advance of the effective date of the fee changes. It is the responsibility of sellers to monitor
the department's website for notice of fee changes.
(c) Fee changes are effective 60 days after the first day of the first calendar month after
the commissioner of public safety or the Public Utilities Commission, as applicable, changes
the fee.
Sec. 7.
Minnesota Statutes 2022, section 403.162, subdivision 1, is amended to read:
Subdivision 1.
Remittance.
Prepaid wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access
Minnesotanew text begin , and 988new text end fees collected by sellers must be remitted to the commissioner of revenue
at the times and in the manner provided by chapter 297A with respect to the general sales
and use tax. The commissioner of revenue shall establish registration and payment procedures
that substantially coincide with the registration and payment procedures that apply in chapter
297A.
Sec. 8.
Minnesota Statutes 2022, section 403.162, subdivision 2, is amended to read:
Subd. 2.
Seller's fee retention.
A seller may deduct and retain three percent of prepaid
wireless E911 deleted text begin anddeleted text end new text begin ,new text end telecommunications access Minnesotanew text begin , and 988new text end fees collected by the
seller from consumers.
Sec. 9.
Minnesota Statutes 2022, section 403.162, subdivision 5, is amended to read:
Subd. 5.
Fees deposited.
(a) The commissioner of revenue shall, based on the relative
proportion of the prepaid wireless E911 fee deleted text begin anddeleted text end new text begin ,new text end the prepaid wireless telecommunications
access Minnesota feenew text begin , and the prepaid wireless 988 feenew text end imposed per retail transaction, divide
the fees collected in corresponding proportions. Within 30 days of receipt of the collected
fees, the commissioner shall:
(1) deposit the proportion of the collected fees attributable to the prepaid wireless E911
fee in the 911 emergency telecommunications service account in the special revenue fund;
deleted text begin and
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(2) deposit the proportion of collected fees attributable to the prepaid wireless
telecommunications access Minnesota fee in the telecommunications access fund established
in section 237.52, subdivision 1deleted text begin .deleted text end new text begin ; and
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(3) deposit the proportion of the collected fees attributable to the prepaid wireless 988
fee in the 988 special revenue account established in section 145.561, subdivision 3.
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(b) The commissioner of revenue may deduct and deposit in a special revenue account
an amount not to exceed two percent of collected fees. Money in the account is annually
appropriated to the commissioner of revenue to reimburse its direct costs of administering
the collection and remittance of prepaid wireless E911 fees deleted text begin anddeleted text end new text begin ,new text end prepaid wireless
telecommunications access Minnesota feesnew text begin , and prepaid wireless 988 feesnew text end .
Sec. 10. new text begin APPROPRIATION.
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$8,000,000 in fiscal year 2024 and $4,000,000 in fiscal year 2025 are appropriated from
the general fund to the commissioner of health for 988 national suicide prevention lifeline
grants for the operation of 988 lifeline centers in Minnesota under Minnesota Statutes,
section 145.561. The general fund base for this appropriation in fiscal year 2026 is $0.
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