Office of the Revisor of Statutes
HF 3230
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/24/2025 04:57 p.m.
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A bill for an act
relating to public safety; establishing the public safety radio and crime victims
account; requiring a report; appropriating money; amending Minnesota Statutes
2024, sections 403.11, subdivisions 1, 1a; 403.113, subdivision 1; 403.161,
subdivisions 1, 3, 5, 6; 403.162, subdivisions 1, 5; proposing coding for new law
in Minnesota Statutes, chapter 403.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 403.11, subdivision 1, is amended to read:
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications 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.
new text begin
(b) Each customer of a wireless or wire-line switched or packet-based telecommunications
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:
new text end
new text begin
(1) the costs of portable radios, mobile radios, and related equipment that is interoperable
with the statewide Allied Radio Matrix for Emergency Response (ARMER) public safety
radio communication system established under section 403.36, subdivision 1e; and
new text end
new text begin
(2) grants to crime victim service providers.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Money remaining in the 911 emergency telecommunications service account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.
deleted text begin (c)deleted text end new text begin (d)new text end The fee new text begin imposed pursuant to paragraph (a) new text end may not be more than 95 cents a month
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 shalldeleted text end new text begin mustnew text end establish the amount of the fee
within the limits specified and inform the companies and carriers of the amount to be
collected. When the revenue bonds authorized under section 403.27, subdivision 1, have
been fully paid or defeased, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end reduce the fee to reflect that debt
service on the bonds is no longer needed. The commissioner deleted text begin shalldeleted text end new text begin mustnew 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).
new text begin
(e) The fee imposed pursuant to paragraph (b) must be 50 cents a month 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 wireless telecommunications
services. This fee does not apply to prepaid wireless telecommunications service, which is
instead subject to the fee imposed under section 403.161, subdivision 1, paragraph (b).
new text end
deleted text begin (d) The feedeleted text end new text begin (f) Feesnew text end must be collected by each wireless or wire-line telecommunications
service provider subject to deleted text begin the feedeleted text end new text begin feesnew text end . 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 new text begin collected pursuant to paragraph (a) new text end 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 Receipts collected pursuant to paragraph (b) must be deposited
in the state treasury and credited to the public safety radio and crime victims account in the
special revenue fund.
new text end
deleted text begin (e)deleted text end new text begin (g)new text end Competitive local exchanges carriers holding certificates of authority from the
Public Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 2.
Minnesota Statutes 2024, section 403.11, subdivision 1a, is amended to read:
Subd. 1a.
Fee collection declaration.
If the commissioner disputes the accuracy of a
fee submission or if no fees are submitted by a wireless, wire-line, or packet-based
telecommunications service provider, the wireless, wire-line, or packet-based
telecommunications service provider deleted text begin shalldeleted text end new text begin mustnew 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 new text begin computation of the new text end 911 fee deleted text begin computationdeleted text end new text begin , the public safety radio and
crime victims fee, or both feesnew text end is complete and accurate. When a wireless, wire-line, or
packet-based telecommunications service provider 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 wireless, wire-line, or packet-based
telecommunications service provider and refer that amount for collection under section
16D.04.
Sec. 3.
new text begin
[403.111] PUBLIC SAFETY RADIO AND CRIME VICTIMS ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Account established. new text end
new text begin
The public safety radio and crime victims account
is established in the special revenue fund.
new text end
new text begin Subd. 2. new text end
new text begin Source of funds. new text end
new text begin
The account consists of money deposited in the account from
the fee imposed under section 403.11, subdivision 1, paragraph (e), and any interest or
earnings of the account.
new text end
new text begin Subd. 3. new text end
new text begin
Appropriation; statewide public safety radio communication system
equipment and crime victims grants.
new text end
new text begin
(a) One-half of the money in the public safety radio
and crime victims account in the special revenue fund is appropriated to the commissioner
for grants to local government units, federally recognized Tribal entities, and state agencies
participating in the statewide Allied Radio Matrix for Emergency Response (ARMER)
public safety radio communication system established under section 403.36, subdivision
1e. The grants must be used to purchase or upgrade portable radios, mobile radios, and
related equipment that is interoperable with the ARMER system. Each local government
unit may receive only one grant. The grant for nonstate agencies is contingent upon a match
of at least five percent from nonstate funds. The director of the Department of Public Safety
Emergency Communication Networks Division, in consultation with the Statewide
Emergency Communications Board, must administer the grant program. Notwithstanding
section 16B.98, subdivision 14, up to two percent of the appropriation is available for grant
administration.
new text end
new text begin
(b) One-half of the money in the public safety radio and crime victims account in the
special revenue fund is appropriated to the commissioner to provide grants to crime victim
service providers. Grants must be used for direct services and advocacy for victims of sexual
assault, general crime, domestic violence, and child abuse. Funding must support the direct
needs of organizations serving victims of crime and may provide: direct client assistance
to crime victims; competitive wages for direct service staff; hotel stays and other
housing-related supports and services; culturally responsive programming; prevention
programming, including domestic abuse transformation and restorative justice programming;
and for other needs of organizations and crime victim survivors. Services funded must
include services for victims of crime in underserved communities most impacted by violence
and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state.
Notwithstanding section 16B.98, subdivision 14, up to two percent of the appropriation is
available for grant administration.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
By January 15, 2026, and each year thereafter, the commissioner
must submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over public safety policy and finance on the account established under
subdivision 1. The report must provide detailed information on the money deposited in the
account and grants awarded under the account.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
This section and the fee established under section 403.11,
subdivision 1, paragraph (e), expire on June 30, 2033.
new text end
Sec. 4.
Minnesota Statutes 2024, section 403.113, subdivision 1, is amended to read:
Subdivision 1.
Fee.
A portion of the fee collected under section 403.11new text begin , subdivision 1,
paragraph (a),new text end must be used to fund implementation, operation, maintenance, enhancement,
and expansion of enhanced 911 service, including acquisition of necessary equipment and
the costs of the commissioner to administer the program.
Sec. 5.
Minnesota Statutes 2024, 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.
(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.
new text begin
(d) A prepaid wireless public safety radio and crime victims fee in the amount of 50
cents per retail transaction is imposed on prepaid wireless telecommunications service.
new text end
Sec. 6.
Minnesota Statutes 2024, section 403.161, subdivision 3, is amended to read:
Subd. 3.
Fee collected.
The prepaid wireless E911, telecommunications access Minnesota,
deleted text begin anddeleted text end 988new text begin , and public safety radio and crime victimsnew 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. 7.
Minnesota Statutes 2024, section 403.161, subdivision 5, is amended to read:
Subd. 5.
Remittance.
The prepaid wireless E911, telecommunications access Minnesota,
deleted text begin anddeleted text end 988new text begin , and public safety radio and crime victimsnew 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. 8.
Minnesota Statutes 2024, section 403.161, subdivision 6, is amended to read:
Subd. 6.
Exclusion for calculating other charges.
The combined amount of the prepaid
wireless E911, telecommunications access Minnesota, deleted text begin anddeleted text end 988new text begin , and public safety radio and
crime victimsnew 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. 9.
Minnesota Statutes 2024, section 403.162, subdivision 1, is amended to read:
Subdivision 1.
Remittance.
Prepaid wireless E911, telecommunications access
Minnesota, deleted text begin anddeleted text end 988new text begin , and public safety radio and crime victimsnew 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
deleted text begin shalldeleted text end new text begin mustnew text end establish registration and payment procedures that substantially coincide with
the registration and payment procedures that apply in chapter 297A.
Sec. 10.
Minnesota Statutes 2024, section 403.162, subdivision 5, is amended to read:
Subd. 5.
Fees deposited.
(a) The commissioner of revenue deleted text begin shalldeleted text end new text begin mustnew text end , based on the
relative proportion of the prepaid wireless E911 fee, the prepaid wireless telecommunications
access Minnesota fee, deleted text begin anddeleted text end the prepaid wireless 988 feenew text begin , and the public safety radio and
crime victims 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 deleted text begin shalldeleted text end new text begin mustnew text end :
(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;
(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 1; deleted text begin and
deleted text end
(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 3deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) deposit the portion of the collected fees attributable to the public safety radio fee in
the public safety radio and crime victims account in the special revenue fund.
new text end
(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, prepaid wireless
telecommunications access Minnesota fees, and prepaid wireless 988 fees.