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HF 3125

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to telecommunications; authorizing periodic 
  1.3             account statements in electronic format; changing name 
  1.4             of telecommunications access for 
  1.5             communication-impaired persons program to 
  1.6             telecommunications access Minnesota program; modifying 
  1.7             and clarifying provisions for contracting the 
  1.8             telecommunication relay system; allowing the city of 
  1.9             Alexandria to enter into a joint venture; amending 
  1.10            Minnesota Statutes 2000, section 237.52, subdivision 
  1.11            1; Minnesota Statutes 2001 Supplement, sections 
  1.12            237.51, subdivision 1; 237.54, subdivision 2; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 237. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [237.101] [ELECTRONIC BILLING.] 
  1.17     A telephone company may provide a customer's periodic 
  1.18  account statement to the customer in electronic format in lieu 
  1.19  of paper format if the customer has authorized the electronic 
  1.20  format in writing. 
  1.21     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  1.22  237.51, subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [CREATION.] The commissioner of commerce 
  1.24  shall (1) administer through interagency agreement with the 
  1.25  commissioner of human services a program to distribute 
  1.26  communication devices to eligible communication-impaired persons 
  1.27  and (2) contract with a local consumer group qualified vendor 
  1.28  that serves communication-impaired persons to create and 
  1.29  maintain a telecommunication relay service.  For purposes of 
  1.30  sections 237.51 to 237.56, the department of commerce and any 
  2.1   organization with which it contracts pursuant to this section or 
  2.2   section 237.54, subdivision 2, are not telephone companies or 
  2.3   telecommunications carriers as defined in section 237.01. 
  2.4      Sec. 3.  Minnesota Statutes 2000, section 237.52, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  [FUND ESTABLISHED.] A telecommunication 
  2.7   access for communication-impaired persons Minnesota fund is 
  2.8   established as an account in the state treasury.  Earnings, such 
  2.9   as interest, dividends, and any other earnings arising from fund 
  2.10  assets, must be credited to the fund. 
  2.11     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  2.12  237.54, subdivision 2, is amended to read: 
  2.13     Subd. 2.  [OPERATION.] (a) The commissioner of commerce 
  2.14  shall contract with a local consumer organization that serves 
  2.15  communication-impaired persons qualified vendor for the 
  2.16  operation and maintenance of the telecommunication relay 
  2.17  system.  The commissioner may contract with other than a local 
  2.18  consumer organization if no local consumer organization is 
  2.19  available to enter into or perform a reasonable contract or the 
  2.20  only available consumer organization fails to comply with terms 
  2.21  of a contract. 
  2.22     (b) The telecommunication relay service provider shall 
  2.23  operate the relay service within the state of Minnesota.  The 
  2.24  operator of the system shall keep all messages confidential, 
  2.25  shall train personnel in the unique needs of 
  2.26  communication-impaired people, and shall inform 
  2.27  communication-impaired persons and the public of the 
  2.28  availability and use of the system.  Except in the case of a 
  2.29  speech- or mobility-impaired person, the operator shall not 
  2.30  relay a message unless it originates or terminates through a 
  2.31  communication device for the deaf or a Brailling device for use 
  2.32  with a telephone. 
  2.33     Sec. 5.  [JOINT VENTURE AUTHORITY.] 
  2.34     (a) The city of Alexandria may enter into a joint venture 
  2.35  with Runestone Telephone Association and Runestone Electric 
  2.36  Association for the purpose of providing local niche service, 
  3.1   including internet services, and point to point transmission of 
  3.2   digital information. 
  3.3      (b) For purposes of this section, with respect to the 
  3.4   services described in paragraph (a), the city of Alexandria and 
  3.5   a joint venture to which it is a party shall have the rights and 
  3.6   authority granted by, and be subject to, Minnesota Statutes 2001 
  3.7   Supplement, section 452.25, except for the provisions of that 
  3.8   section which relate specifically and only to electric utilities.
  3.9      (c) For the purposes of this section, "local niche service" 
  3.10  refers to point-to-point connections between end-user locations 
  3.11  within a service area and any telecommunications services under 
  3.12  the public utilities commission's jurisdiction under Minnesota 
  3.13  Statutes, chapter 237 that do not fall within the definition of 
  3.14  local service or the definition of interexchange service. 
  3.15     Sec. 6.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  3.16     Section 5 is effective as to the city of Alexandria the day 
  3.17  after the city of Alexandria's governing body and its chief 
  3.18  clerical officer timely completes their compliance with 
  3.19  Minnesota Statutes, section 645.021, subdivisions 2 and 3.