4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; modifying emergency 911 1.3 telephone system provisions to establish emergency 911 1.4 telecommunications system; amending Minnesota Statutes 1.5 2000, sections 403.01; 403.02, subdivisions 3, 6, 7, 1.6 by adding subdivisions; 403.05; 403.06; 403.07; 1.7 403.08; 403.09; 403.10, subdivision 1; 403.11, 1.8 subdivisions 3, 4, by adding subdivisions; 403.113, 1.9 subdivision 1; Minnesota Statutes 2001 Supplement, 1.10 section 403.11, subdivision 1; repealing Minnesota 1.11 Statutes 2000, sections 403.04; 403.11, subdivision 2; 1.12 403.113, subdivision 5; 403.12, subdivision 1; 403.13; 1.13 403.14; Minnesota Rules, parts 1215.0400; 1215.0600; 1.14 1215.0700; 1215.1200, subpart 3; 1215.1500. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2000, section 403.01, is 1.17 amended to read: 1.18 403.01 [911 EMERGENCY
TELEPHONETELECOMMUNICATIONS SYSTEM 1.19 REQUIRED.] 1.20 Subdivision 1. [GENERAL REQUIREMENT.] Each county in the1.21 metropolitan areashall establishoperate and maintain a 911 1.22 emergency telephonetelecommunications system on or before1.23 December 15, 1982 and each remaining county shall establish a1.24 911 emergency telephone system on or before December 15, 1986. 1.25 Subd. 1a. [EMERGENCY TELEPHONE NUMBER 911.] The digits 1.26 911, so designated by the Federal Communications Commission, 1.27 must be the primary emergency telephone number within the 1.28 system. A public safety agency may maintain a separate 1.29 secondary backup number for emergency calls and shall maintain a 1.30 separate number for nonemergency telephone calls. 2.1 Subd. 2. [MULTIJURISDICTIONAL SYSTEM.] The 911 systems may 2.2 be multijurisdictional and regional in character provided that 2.3 design and implementation are preceded by cooperative planning 2.4 on a county-by-county basis with local public safety agencies. 2.5 Subd. 3. [WIRELINE REQUIREMENTS.] Every owner and operator 2.6 of a wireline telecommunications system shall design and 2.7 maintain the system to dial the 911 number without charge to the 2.8 caller. 2.9 Subd. 4. [WIRELESS REQUIREMENTS.] Every owner and operator 2.10 of a wireless telecommunications system shall design and 2.11 maintain the system to dial the 911 number without charge to the 2.12 caller. 2.13 Subd. 5. [PAY PHONE REQUIREMENTS.] Every pay phone owner 2.14 and operator shall permit dialing of the 911 number without coin 2.15 and without charge to the caller. 2.16 Subd. 6. [MULTISTATION OR PBX SYSTEM.] Every owner and 2.17 operator of a multistation or private branch exchange (PBX) 2.18 telecommunications system shall design and maintain the system 2.19 to dial the 911 number without charge to the caller. 2.20 Subd. 7. [CONTRACTUAL REQUIREMENT.] (a) The state, 2.21 together with the county or other governmental agencies 2.22 operating public safety answering points, shall contract with 2.23 the appropriate wireline telecommunications service providers 2.24 for the operation, maintenance, enhancement, and expansion of 2.25 the 911 system. 2.26 (b) The state shall contract with the appropriate wireless 2.27 telecommunications service providers for maintaining, enhancing, 2.28 and expanding the 911 system. 2.29 (c) The contract language or subsequent amendments to the 2.30 contract must include a description of the services to be 2.31 furnished by wireless and wireline telecommunications service 2.32 providers to the county or other governmental agencies operating 2.33 public safety answering points, as well as compensation based on 2.34 the effective tariff or price list approved by the public 2.35 utilities commission. The contract language or subsequent 2.36 amendments must include the terms of compensation based on the 3.1 effective tariff or price list filed with the public utilities 3.2 commission or the prices agreed to by the parties. 3.3 (d) The contract language or subsequent amendments to 3.4 contracts between the parties must contain a provision for 3.5 resolving disputes. 3.6 Sec. 2. Minnesota Statutes 2000, section 403.02, 3.7 subdivision 3, is amended to read: 3.8 Subd. 3. [ PUBLICGOVERNMENTAL AGENCY.] " Public3.9 Governmental agency" means any unit of local government or 3.10 special purpose district located in whole or in part within this 3.11 state whichthat provides or has authority to provide fire 3.12 fighting, police, ambulance, medical, or other emergency 3.13 services. 3.14 Sec. 3. Minnesota Statutes 2000, section 403.02, 3.15 subdivision 6, is amended to read: 3.16 Subd. 6. [ MINIMUM911 SERVICE STANDARDS.] " Minimum911 3.17 service" means a telephonetelecommunications service meeting3.18 the design standards established pursuant to section 403.07,3.19 whichthat automatically connects a person dialing the digits 3.20 911 to an established public safety answering point. Minimum3.21 911 service includes (1) equipment for connecting and 3.22 outswitching 911 calls within a telephone central office, 3.23 trunking facilities from the central office to a public safety 3.24 answering point; (2) equipment, as appropriate, for 3.25 automatically selectively routing 911 calls in situations where 3.26 one telephone central office serves more than one public safety 3.27 answering point; and (3) provision of automatic location 3.28 identification if the public safety answering point has the 3.29 capability of providing that service. 3.30 Sec. 4. Minnesota Statutes 2000, section 403.02, 3.31 subdivision 7, is amended to read: 3.32 Subd. 7. [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 3.33 location identification" means the process of electronically 3.34 identifying and displaying on a special viewing screen the name 3.35 of the subscriber and the addresslocation, where available, of 3.36 the calling telephone number to a person answering a 911 4.1 emergency call. 4.2 Sec. 5. Minnesota Statutes 2000, section 403.02, is 4.3 amended by adding a subdivision to read: 4.4 Subd. 11. [WIRELINE TELECOMMUNICATIONS SERVICE 4.5 PROVIDER.] "Wireline telecommunications service provider" means 4.6 a person, firm, association, corporation, or other legal entity, 4.7 however organized, or combination of them, authorized by state 4.8 or federal regulatory agencies to furnish telecommunications 4.9 service, including local service, over wireline facilities. 4.10 Sec. 6. Minnesota Statutes 2000, section 403.02, is 4.11 amended by adding a subdivision to read: 4.12 Subd. 12. [WIRELESS TELECOMMUNICATIONS SERVICE 4.13 PROVIDER.] "Wireless telecommunications service provider" means 4.14 a provider of commercial mobile radio services, as that term is 4.15 defined in United States Code, title 47, section 332, subsection 4.16 (d), including all broadband personal communications services, 4.17 wireless radio telephone services, geographic area specialized 4.18 and enhanced specialized mobile radio services, and incumbent 4.19 wide area specialized mobile radio licensees, that offers real 4.20 time, two-way voice service interconnected with the public 4.21 switched telephone network and that is doing business in the 4.22 state of Minnesota. 4.23 Sec. 7. Minnesota Statutes 2000, section 403.05, is 4.24 amended to read: 4.25 403.05 [ DESIGNOPERATION AND MAINTENANCE OF 911 SYSTEM,4.26 GENERALLYSYSTEMS.] 4.27 Subdivision 1. [OPERATE AND MAINTAIN.] Each county or any 4.28 other governmental agency shall designoperate and maintain its 4.29 911 system to meet the requirements of governmental agencies 4.30 whose services are available through the 911 system and to 4.31 permit future expansion or enhancement of the system. Each 4.32 county or any other governmental agency shall ensure that a 911 4.33 emergency call made with a wireless access device is 4.34 automatically connected to and answered by the appropriate 4.35 public safety answering point. 4.36 Subd. 2. [REQUIREMENTS.] Each county or any other 5.1 governmental agency shall maintain and update its 911 system 5.2 plans as required under Minnesota Rules, chapter 1215. 5.3 Subd. 3. [AGREEMENTS FOR SERVICE.] Each county and any 5.4 other governmental agency shall contract with the state and 5.5 wireline telecommunications service providers for the recurring 5.6 and nonrecurring costs associated with operating and maintaining 5.7 911 emergency communications systems. 5.8 Sec. 8. Minnesota Statutes 2000, section 403.06, is 5.9 amended to read: 5.10 403.06 [ 911 SYSTEM PLANNING AND COORDINATIONDEPARTMENT 5.11 DUTIES.] 5.12 Subdivision 1. [DUTIES.] The department of administration 5.13 shall coordinate the implementationmaintenance of 911 5.14 systems on or before the deadlines established in section5.15 403.01. The department shall aid counties in the formulation of 5.16 concepts, methods and procedures which will improve the 5.17 operation and maintenance of 911 systems. The department shall 5.18 establish procedures for determining and evaluating requests for 5.19 variations from the established design standards. The 5.20 department shall respond to requests by wireless or wireline 5.21 telecommunications service providers or by counties or other 5.22 governmental agencies for system agreements, contracts, and 5.23 tariff language promptly and no later than within 45 days of the 5.24 request unless otherwise mutually agreed to by the parties. The 5.25 department shall prepare a biennial budget for maintaining the 5.26 911 system. The department shall prepare an annual report to 5.27 the legislature detailing the expenditures for maintaining the 5.28 911 system, the 911 fees collected, the balance of the 911 fund, 5.29 and the 911-related administrative expenses of the department. 5.30 The department is authorized to expend funds that have been 5.31 appropriated to pay for the maintenance, enhancements, and 5.32 expansion of the 911 system. 5.33 Subd. 2. [WAIVER.] Any county, other governmental agency, 5.34 wireless telecommunications service provider, or wireline 5.35 telecommunications service provider may petition the department 5.36 of administration for a waiver of all or portions of the 6.1 requirements. A waiver may be granted upon a demonstration by 6.2 the petitioner that the requirement is economically infeasible. 6.3 Sec. 9. Minnesota Statutes 2000, section 403.07, is 6.4 amended to read: 6.5 403.07 [STANDARDS ESTABLISHED; DATA PRIVACY.] 6.6 Subdivision 1. [RULES.] The department of administration 6.7 shall establish and adopt in accordance with chapter 14, rules 6.8 for the administration of this chapter and for the development 6.9 of 911 systems in the state including: 6.10 (a) design standards for 911 systems incorporating the 6.11 standards adopted pursuant to subdivision 2 for the seven-county 6.12 metropolitan area; and 6.13 (b) a procedure for determining and evaluating requests for 6.14 variations from the established design standards. 6.15 Subd. 2. [DESIGN STANDARDS.] The metropolitan council911 6.16 board shall establish and adopt design standards for the 6.17 metropolitan area 911 system and transmit them to the department 6.18 of administration for incorporation into the rules adopted 6.19 pursuant to this section. 6.20 Subd. 3. [DATABASE.] In 911 systems that have been 6.21 approved by the department of administration for a local 6.22 location identification basedatabase, each public utility6.23 providing telephonewireline telecommunications service provider 6.24 shall provide current customer names, service addresses, and 6.25 telephone numbers to each public safety answering point within 6.26 the 911 system and shall update the information according to a 6.27 schedule prescribed by the county 911 plan. Information provided 6.28 under this subdivision must be provided in accordance with the 6.29 transactional record disclosure requirements of the federal 6.30 Electronic Communications Privacy Act of 1986, United States 6.31 Code, title 18, section 2703, subsection (c), paragraph (1), 6.32 clause (B)(iv). 6.33 Subd. 4. [USE OF FURNISHED INFORMATION.] Names, addresses, 6.34 and telephone numbers provided to a 911 system under subdivision 6.35 3 are private data and may be used only for identifying the 6.36 location or identity, or both, of a person calling a 911 public 7.1 safety answering point. The information furnished under 7.2 subdivision 3 may not be used or disclosed by 911 system 7.3 agencies, their agents, or their employees for any other purpose 7.4 except under a court order. 7.5 Subd. 5. [LIABILITY.] A wireline telecommunications 7.6 service provider, its employees, or its agents are not liable to 7.7 any person who uses enhanced 911 telecommunications service for 7.8 release of subscriber information required under this chapter to 7.9 any public safety answering point. A telephone company7.10 orwireline telecommunications service provider is not liable to 7.11 any person for the good faith release to emergency 7.12 communications personnel of information not in the public 7.13 record, including, but not limited to, nonpublished or nonlisted 7.14 telephone numbers. A wireline telecommunications service 7.15 provider, its employees, or its agents are not liable to any 7.16 person for civil damages resulting from or caused by any act or 7.17 omission in the development, design, installation, operation, 7.18 maintenance, performance, or provision of enhanced 911 7.19 telecommunications service, except for willful or wanton 7.20 misconduct. 7.21 Sec. 10. Minnesota Statutes 2000, section 403.08, is 7.22 amended to read: 7.23 403.08 [ 911 SYSTEM PLANS SUBMITTED; CHANGE; WAIVERWIRELESS 7.24 TELECOMMUNICATIONS SERVICE PROVIDER.] 7.25 Subdivision 1. [TENTATIVE PLAN.] (a) Before December 15,7.26 1978, each county shall submit tentative plans for the7.27 establishment of a 911 system to the public utility or utilities7.28 providing public telephone service within the county, to the7.29 department of administration and to the public utilities7.30 commission.7.31 (b) The department of administration shall review the plan7.32 for consistency with the standards adopted pursuant to section7.33 403.07 and report its findings to the county within six months7.34 of receipt of the plan.7.35 (c) The public utilities commission shall review the plan7.36 and comment to the county within six months of the receipt of8.1 the plan.8.2 (d) Each public utility providing telephone service within8.3 the county shall review the plan and transmit to the county good8.4 faith estimates of local system implementation expenses within8.5 six months of the receipt of the plan.8.6 Subd. 2. [FINAL PLAN.] (a) Before December 15, 1979, each8.7 county shall submit final plans for the establishment of a 9118.8 system to the public utility or utilities providing public8.9 telephone service within the county, to the department of8.10 administration and to the public utilities commission. The8.11 final plan shall include a description of all capital and8.12 recurring costs for the proposed 911 system.8.13 (b) The department of administration shall review the final8.14 plan for consistency with the standards adopted pursuant to8.15 section 403.07 and approve or disapprove the plan within six8.16 months of receipt.8.17 (c) The public utilities commission shall review the final8.18 plan and determine that portion of plan implementation capital8.19 costs which may be applied to the utility company rate base and8.20 report findings to the county within six months of receipt of8.21 the plan.8.22 Subd. 3. [IMPLEMENTATION CONTRACT.] After department of8.23 administration approval of design and public utilities8.24 commission report of findings, each county, together with the8.25 department of administration and the local governmental units or8.26 public agencies operating public safety answering points, shall8.27 contract with the appropriate public utility or utilities for8.28 the implementation of the approved 911 system plan.8.29 Subd. 4. [EXCEPTION.] Each county implementing a 9118.30 system before December 15, 1978, shall submit to the department8.31 of administration and the public utilities commission in lieu of8.32 the required plan a report describing the system and stating its8.33 operational date.8.34 Subd. 5. [SYSTEM CHANGE AFTER DECEMBER 14, 1978.] Any8.35 subsequent changes to 911 systems described in subdivision 48.36 shall conform to standards established by the department of9.1 administration pursuant to section 403.07.9.2 Subd. 6. [WAIVER.] After adoption of final 911 system9.3 plans, any county or utility may petition the department of9.4 administration for a waiver of all or portions of the9.5 requirements or time limits of sections 403.01 to 403.08.9.6 Waivers shall be granted upon a demonstration by petitioner that9.7 the requirement is economically infeasible in the sense that9.8 federal or state funding for the initial capital investment9.9 required of the county to implement a 911 system is not9.10 available.9.11 Subd. 7. [ CELLULAR OR OTHER NONWIRE PROVIDERDUTIES.] (a)9.12 Each cellular and otherwireless accesstelecommunications 9.13 service provider shall cooperate in planning and implementing 9.14 integration with enhanced 911 systems operating in their service 9.15 territories to meet Federal Communications Commission-enhanced 9.16 911 standards. By August 1, 1997, each 911 emergency telephone9.17 telecommunications service provider operating enhanced 911 9.18 systems, in cooperation with each involved cellular or other9.19 wireless accesstelecommunications service provider, shall 9.20 develop and provide to the commissioner good-faith estimates of 9.21 installation and recurring expenses to integrate 9.22 cellularwireless 911 service into the enhanced 911 networks to 9.23 meet Federal Communications Commission phase one wireless 9.24 enhanced 911 standards. The commissioner shall coordinate with 9.25 counties and affected public safety agency representatives in 9.26 developing a statewide design and plan for implementation. 9.27 (b)Subd. 8. [SCHEDULE.] Planning shall be completed by 9.28 October 1, 1997, for the metropolitan area and shall be 9.29 completed by December 1, 1997, for the areas outside of the 9.30 metropolitan area. 9.31 (c)Subd. 9. [SCOPE.] Planning considerations must include 9.32 cost, degree of integration into existing 911 systems, the 9.33 retention of existing 911 infrastructure, and the potential 9.34 implications of phase 2 of the Federal Communications Commission 9.35 wireless enhanced 911 standards. 9.36 (d)Subd. 10. [PLAN INTEGRATION.] Counties shall 10.1 incorporate the statewide design when modifying county 911 plans 10.2 to provide for integrating wireless 911 service into existing 10.3 county 911 systems. The commissioner shall contract with the 10.4 involved wireless service providers and 911 service providers to 10.5 integrate cellular and other wireless services into existing 911 10.6 systems where feasible. 10.7 Subd. 11. [LIABILITY.] No wireless enhanced 911 emergency 10.8 telecommunications service provider, its employees, or its 10.9 agents are liable to any person for civil damages resulting from 10.10 or caused by any act or omission in the development, design, 10.11 installation, operation, maintenance, performance, or provision 10.12 of enhanced 911 wireless service, except for willful or wanton 10.13 misconduct. No wireless carrier, its employees, or its agents 10.14 are liable to any person who uses enhanced 911 wireless service 10.15 for release of subscriber information required under this 10.16 chapter to any public safety answering point. 10.17 Subd. 12. [NOTIFICATION OF SUBSCRIBER.] A provider of 10.18 wireless telecommunications services shall notify its 10.19 subscribers at the time of initial subscription and four times 10.20 per year thereafter that a 911 emergency call made from a 10.21 wireless telephone is not always answered by a local public 10.22 safety answering point but may be routed to a state patrol 10.23 dispatcher and that, accordingly, the caller must provide 10.24 specific information regarding the caller's location. 10.25 Sec. 11. Minnesota Statutes 2000, section 403.09, is 10.26 amended to read: 10.27 403.09 [ENFORCEMENT.] 10.28 Subdivision 1. [DEPARTMENT AUTHORITY.] At the request of 10.29 the department of administration, the attorney general may 10.30 commence proceedings in the district court against any person or 10.31 public or private body to enforce the provisions of this chapter. 10.32 Subd. 2. [PUBLIC UTILITIES COMMISSION AUTHORITY.] At the 10.33 request of the public utilities commission, the attorney general 10.34 may commence proceedings before the district court pursuant to 10.35 section 237.27, against any public utility providing10.36 telephonewireline telecommunications service whichprovider 11.1 that refuses to comply with this chapter. 11.2 Subd. 3. [DISPUTE RESOLUTION.] Disputes between parties 11.3 must be resolved pursuant to section 403.01, subdivision 7, 11.4 paragraph (d). 11.5 Sec. 12. Minnesota Statutes 2000, section 403.10, 11.6 subdivision 1, is amended to read: 11.7 Subdivision 1. [AUTHORITY.] In counties implementing 91111.8 systems pursuant to sections 403.01 to 403.08,All public 11.9 agencies and counties whichthat are part of different 911 11.10 systems but share common boundary lines may enter into 11.11 cooperative agreements which shallto provide that once an 11.12 emergency unit is dispatched in response to a request through 11.13 the system, the unit shall render its services to the requesting 11.14 party without regard to jurisdictional boundaries. 11.15 Sec. 13. Minnesota Statutes 2001 Supplement, section 11.16 403.11, subdivision 1, is amended to read: 11.17 Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 11.18 customer of a telephone company or communications carrier that11.19 provideswireless or wireline telecommunications service 11.20 provider that furnishes service capable of originating a 911 11.21 emergency telephone call is assessed a fee to cover the costs of 11.22 ongoing maintenance and related improvements for trunking and 11.23 central office switching equipment for minimum911 emergency 11.24 telephonetelecommunications service, plus administrative and 11.25 staffing costs of the department of administration related to 11.26 managing the 911 emergency telephonetelecommunications service 11.27 program. Recurring charges by a public utility providing11.28 telephone servicewireline telecommunications service provider 11.29 for updating the information required by section 403.07, 11.30 subdivision 3, must be paid by the commissioner of 11.31 administration if the utilitywireline telecommunications 11.32 service provider is included in an approved 911 plan and the 11.33 charges have been certified and approved under subdivision 3are 11.34 made pursuant to tariff, price list, or contract. The 11.35 commissioner of administration shall transfer an amount equal to 11.36 two cents a month from the fee assessed under this section 12.1 on cellular and other nonwire accesswireless telecommunications 12.2 services to the commissioner of public safety for the purpose of 12.3 offsetting the costs, including administrative and staffing 12.4 costs, incurred by the state patrol division of the department 12.5 of public safety in handling 911 emergency calls made 12.6 from cellularwireless phones. 12.7 (b) Money remaining in the 911 emergency telephone12.8 telecommunications service account after all other obligations 12.9 are paid must not cancel and is carried forward to subsequent 12.10 years and may be appropriated from time to time to the 12.11 commissioner of administration to provide financial assistance 12.12 to counties for the improvement of local emergency 12.13 telephonetelecommunications services. The improvements may 12.14 include providing access to minimum911 service for telephone12.15 telecommunications service subscribers currently without access 12.16 and upgrading existing 911 service to include automatic number 12.17 identification, local location identification, automatic 12.18 location identification, and other improvements specified in 12.19 revised county 911 plans approved by the department. 12.20 (b)(c) The fee is 27 cents a month for each customer 12.21 access line or other basic access service, including trunk 12.22 equivalents as designated by the public utilities commission for 12.23 access charge purposes and including cellular and other nonwire12.24 accesswireless telecommunications services. The fee must be 12.25 the same for all customers. 12.26 (c)(d) The fee must be collected by each company or12.27 carrier providing servicewireless or wireline 12.28 telecommunications service provider subject to the fee. Fees 12.29 are payable to and must be submitted to the commissioner of 12.30 administration monthly before the 25th of each month following 12.31 the month of collection, except that fees may be submitted 12.32 quarterly if less than $250 a month is due, or annually if less 12.33 than $25 a month is due. Receipts must be deposited in the 12.34 state treasury and credited to a 911 emergency telephone12.35 telecommunications service account in the special revenue fund. 12.36 The money in the account may only be used for 911 13.1 telephonetelecommunications services as provided in paragraph 13.2 (a). 13.3 (d)(e) This subdivision does not apply to customers of a13.4 telecommunications carrier as defined in section 237.01,13.5 subdivision 6interexchange carriers. 13.6 (f) The installation and recurring charges for integrating 13.7 wireless 911 calls into enhanced 911 systems must be paid by the 13.8 commissioner if the 911 service provider is included in the 13.9 statewide design plan and the charges are made pursuant to 13.10 tariff, price list, or contract. 13.11 Sec. 14. Minnesota Statutes 2000, section 403.11, 13.12 subdivision 3, is amended to read: 13.13 Subd. 3. [METHOD OF PAYMENT ; CERTIFICATION.] A public13.14 utility(a) Any wireless or wireline telecommunications service 13.15 provider incurring reimbursable costs under subdivision 1 or 213.16 shall certify those costssubmit an invoice itemizing rate 13.17 elements by county or service area to the commissioner of 13.18 administration . The certification shall be in a form as13.19 prescribed by the commissioner after consultation with the13.20 public utilities commission. If the commissioner and the13.21 commission approve the certified costs as appropriate and13.22 accurate,for 911 services furnished under tariff, price list, 13.23 or contract. Any wireless or wireline telecommunications 13.24 service provider is eligible to receive payment for 911 services 13.25 rendered according to the terms and conditions specified in the 13.26 contract. Competitive local exchange carriers holding 13.27 certificates of authority from the public utilities commission 13.28 are eligible to receive payment for recurring 911 services 13.29 provided after July 1, 2001. The commissioner shall pay 13.30 the certified costs from money appropriated for that13.31 purposeinvoice within 9030 days following receipt by the13.32 commissioner of the certified costsof the invoice unless the 13.33 commissioner notifies the service provider that the commissioner 13.34 disputes the invoice. 13.35 (b) The commissioner of administration shall estimate the 13.36 amount required to reimburse public utilitieswireless and 14.1 wireline telecommunications service providers for the state's 14.2 obligations under subdivisionssubdivision 1 and 2and the 14.3 governor shall include the estimated amount in the biennial 14.4 budget request. 14.5 Sec. 15. Minnesota Statutes 2000, section 403.11, is 14.6 amended by adding a subdivision to read: 14.7 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be 14.8 submitted to the commissioner of administration no later than 14.9 two years after commencing a new or additional eligible 911 14.10 service. Any wireless or wireline telecommunications service 14.11 provider incurring reimbursable costs under this section at any 14.12 time before the effective date of section 14 may certify those 14.13 costs for payment to the commissioner of administration 14.14 according to this section for a period of 90 days after the 14.15 effective date of section 14. During this period, the 14.16 commissioner of administration shall reimburse any wireless or 14.17 wireline telecommunications service provider for approved, 14.18 certified costs without regard to any contrary provision of this 14.19 subdivision. 14.20 Sec. 16. Minnesota Statutes 2000, section 403.11, is 14.21 amended by adding a subdivision to read: 14.22 Subd. 3b. [CERTIFICATION.] All wireless and wireline 14.23 telecommunications service providers shall submit a 14.24 self-certification form signed by an officer of the company to 14.25 the department with invoices for payment of an initial or 14.26 changed service described in the service provider's 911 14.27 contract. The self-certification shall affirm that the 911 14.28 service contracted for is being provided and the costs invoiced 14.29 for the service are true and correct. All certifications are 14.30 subject to verification and audit. 14.31 Sec. 17. Minnesota Statutes 2000, section 403.11, is 14.32 amended by adding a subdivision to read: 14.33 Subd. 3c. [AUDIT.] If the commissioner of administration 14.34 determines that an audit is necessary to document the 14.35 certification described in subdivision 3b, the wireless or 14.36 wireline telecommunications service provider must contract with 15.1 an independent certified public accountant to conduct the 15.2 audit. The audit must be conducted according to generally 15.3 accepted accounting principles. The wireless or wireline 15.4 telecommunications service provider is responsible for any costs 15.5 associated with the audit. 15.6 Sec. 18. Minnesota Statutes 2000, section 403.11, 15.7 subdivision 4, is amended to read: 15.8 Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of 15.9 telephone communicationstelecommunications equipment and 15.10 services at public safety answering points shallmust be borne 15.11 by the local governmental unitagency operating the public 15.12 safety answering point or allocated pursuant to section 403.10, 15.13 subdivision 3. Costs attributable to local government electives 15.14 for services beyond minimum 911 servicenot otherwise addressed 15.15 under section 403.11 or 403.113 shallmust be borne by the 15.16 governmental unitagency requesting the elective service. 15.17 Sec. 19. Minnesota Statutes 2000, section 403.11, is 15.18 amended by adding a subdivision to read: 15.19 Subd. 5. [TARIFF NOTIFICATION.] Wireline 15.20 telecommunications service providers or wireless 15.21 telecommunications service providers holding eligible 15.22 telecommunications carrier status shall give notice to the 15.23 department of administration and any other affected governmental 15.24 agency of tariff or price list changes related to 911 service at 15.25 the same time that the filing is made with the public utilities 15.26 commission. 15.27 Sec. 20. Minnesota Statutes 2000, section 403.113, 15.28 subdivision 1, is amended to read: 15.29 Subdivision 1. [FEE.] (a) In addition to the actual fee15.30 assessed under section 403.11,Each customer receiving local15.31 telephone service, including cellular or other nonwireservice ,15.32 from a wireless or wireline telecommunications service provider 15.33 is assessed a fee to fund implementation and, operation, 15.34 maintenance, enhancement, and expansion of enhanced 911 service, 15.35 including acquisition of necessary equipment and the costs of 15.36 the commissioner to administer the program. The enhanced fee16.1 collected from cellular or other nonwire service customers must16.2 be collected effective in July 1997 billings.The actual fee 16.3 assessed under section 403.11 and the enhanced 911 service fee 16.4 must be collected as one amount and may not exceed the amount 16.5 specified in section 403.11, subdivision 1, paragraph (b). 16.6 (b) The enhanced 911 service fee must be collected and 16.7 deposited in the same manner as the fee in section 403.11 and 16.8 used solely for the purposes of paragraph (a) and subdivision 3. 16.9 (c) The commissioner of the department of administration, 16.10 in consultation with counties and 911 system users, shall 16.11 determine the amount of the enhanced 911 service fee and 16.12 inform telephone companies or communications carrierswireless 16.13 and wireline telecommunications service providers that provide 16.14 service capable of originating a 911 emergency telephone call of 16.15 the total amount of the 911 service fees in the same manner as 16.16 provided in section 403.11. 16.17 Sec. 21. [REPEALER.] 16.18 (a) Minnesota Statutes 2000, sections 403.04; 403.113, 16.19 subdivision 5; 403.12, subdivision 1; 403.13; and 403.14, are 16.20 repealed. Section 403.11, subdivision 2, is repealed effective 16.21 January 1, 2003. 16.22 (b) Minnesota Rules, parts 1215.0400; 1215.0600; 1215.0700; 16.23 1215.1200, subpart 3; and 1215.1500, are repealed. 16.24 Sec. 22. [EFFECTIVE DATES.] 16.25 Sections 1 to 13 and 15 to 21 are effective the day 16.26 following final enactment. Section 14 is effective January 1, 16.27 2003.