HF 1027

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying 911 emergency 
  1.3             telecommunications provisions governing fee submission 
  1.4             procedures and audits; amending Minnesota Statutes 
  1.5             2002, section 403.11, subdivisions 1, 3c. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 403.11, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [EMERGENCY TELECOMMUNICATIONS SERVICE FEE.] 
  1.10  (a) Each customer of a wireless or wire line telecommunications 
  1.11  service provider that furnishes service capable of originating a 
  1.12  911 emergency telephone call is assessed a fee to cover the 
  1.13  costs of ongoing maintenance and related improvements for 
  1.14  trunking and central office switching equipment for 911 
  1.15  emergency telecommunications service, plus administrative and 
  1.16  staffing costs of the department of administration related to 
  1.17  managing the 911 emergency telecommunications service program.  
  1.18  Recurring charges by a wire line telecommunications service 
  1.19  provider for updating the information required by section 
  1.20  403.07, subdivision 3, must be paid by the commissioner of 
  1.21  administration if the wire line telecommunications service 
  1.22  provider is included in an approved 911 plan and the charges are 
  1.23  made pursuant to tariff, price list, or contract.  The 
  1.24  commissioner of administration shall transfer an amount equal to 
  1.25  two cents a month from the fee assessed under this section on 
  2.1   wireless telecommunications services to the commissioner of 
  2.2   public safety for the purpose of offsetting the costs, including 
  2.3   administrative and staffing costs, incurred by the state patrol 
  2.4   division of the department of public safety in handling 911 
  2.5   emergency calls made from wireless phones.  
  2.6      (b) Money remaining in the 911 emergency telecommunications 
  2.7   service account after all other obligations are paid must not 
  2.8   cancel and is carried forward to subsequent years and may be 
  2.9   appropriated from time to time to the commissioner of 
  2.10  administration to provide financial assistance to counties for 
  2.11  the improvement of local emergency telecommunications services.  
  2.12  The improvements may include providing access to 911 service for 
  2.13  telecommunications service subscribers currently without access 
  2.14  and upgrading existing 911 service to include automatic number 
  2.15  identification, local location identification, automatic 
  2.16  location identification, and other improvements specified in 
  2.17  revised county 911 plans approved by the department. 
  2.18     (c) The fee may not be less than eight cents nor more than 
  2.19  33 cents a month for each customer access line or other basic 
  2.20  access service, including trunk equivalents as designated by the 
  2.21  public utilities commission for access charge purposes and 
  2.22  including wireless telecommunications services.  With the 
  2.23  approval of the commissioner of finance, the commissioner of 
  2.24  administration shall establish the amount of the fee within the 
  2.25  limits specified and inform the companies and carriers of the 
  2.26  amount to be collected.  The commissioner shall provide 
  2.27  companies and carriers a minimum of 45 days' notice of each fee 
  2.28  change.  For fiscal year 2003, the commissioner of 
  2.29  administration shall provide a minimum of 35 days' notice of 
  2.30  each fee change.  The fee must be the same for all customers.  
  2.31     (d) The fee must be collected by each wireless or wire line 
  2.32  telecommunications service provider subject to the fee.  Fees 
  2.33  are payable to and must be submitted to the commissioner of 
  2.34  administration monthly before the 25th of each month following 
  2.35  the month of collection, except that fees may be submitted 
  2.36  quarterly if less than $250 a month is due, or annually if less 
  3.1   than $25 a month is due.  All wireless and wire line 
  3.2   telecommunications service providers shall submit a fee 
  3.3   submission certification form signed by an officer or manager of 
  3.4   the company to the department for each fee submission to confirm 
  3.5   that each fee submission is true and accurate and reflects the 
  3.6   appropriate customer access line count including trunk 
  3.7   equivalents, adjustments, and fee amount.  All fee submissions 
  3.8   are subject to verification and audit in accordance with 
  3.9   subdivision 3c.  Receipts must be deposited in the state 
  3.10  treasury and credited to a 911 emergency telecommunications 
  3.11  service account in the special revenue fund.  The money in the 
  3.12  account may only be used for 911 telecommunications services as 
  3.13  provided in paragraph (a). 
  3.14     (e) This subdivision does not apply to customers of 
  3.15  interexchange carriers. 
  3.16     (f) The installation and recurring charges for integrating 
  3.17  wireless 911 calls into enhanced 911 systems must be paid by the 
  3.18  commissioner if the 911 service provider is included in the 
  3.19  statewide design plan and the charges are made pursuant to 
  3.20  tariff, price list, or contract. 
  3.21     Sec. 2.  Minnesota Statutes 2002, section 403.11, 
  3.22  subdivision 3c, is amended to read: 
  3.23     Subd. 3c.  [AUDIT.] If the commissioner of administration 
  3.24  determines that an audit is necessary to document the fee 
  3.25  submissions described in subdivision 1 or the certification 
  3.26  described in subdivision 3b, the wireless or wire line 
  3.27  telecommunications service provider must contract with an 
  3.28  independent certified public accountant to conduct the audit.  
  3.29  The audit must be conducted according to generally 
  3.30  accepted accounting principles auditing standards.  The wireless 
  3.31  or wire line telecommunications service provider is responsible 
  3.32  for any costs associated with the audit.