SF 2718

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; amending the state 
  1.3             telephone assistance program to match federal 
  1.4             requirements; requiring the department of human 
  1.5             services to automatically enroll eligible persons 
  1.6             based on information in state information systems; 
  1.7             increasing the TAP surcharge; requiring public 
  1.8             utilities commission to develop and implement state 
  1.9             universal service fund by December 31, 2000; amending 
  1.10            Minnesota Statutes 1996, sections 237.69, subdivision 
  1.11            5; and 237.70, subdivision 6, and by adding a 
  1.12            subdivision; Minnesota Statutes 1997 Supplement, 
  1.13            section 237.70, subdivisions 4a and 7; proposing 
  1.14            coding for new law in Minnesota Statutes, chapter 237; 
  1.15            repealing Minnesota Statutes 1996, section 237.69, 
  1.16            subdivision 9. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1996, section 237.69, 
  1.19  subdivision 5, is amended to read: 
  1.20     Subd. 5.  [ACCESS LINE.] "Access line" means telephone 
  1.21  company-owned facilities furnished to permit switched access to 
  1.22  the telecommunications network that extend from a central office 
  1.23  to the demarcation point on the property where the subscriber is 
  1.24  served.  The term "Access line" includes access lines provided 
  1.25  to residential and business subscribers, includes centrex access 
  1.26  lines on a trunk-equivalent basis, but and cellular and other 
  1.27  nonwire access services or nonwire access line equivalents. 
  1.28  "Access line" does not include private nonswitched or wide area 
  1.29  telephone service access lines. 
  1.30     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.31  237.70, subdivision 4a, is amended to read: 
  2.1      Subd. 4a.  [HOUSEHOLDS ELIGIBLE FOR CREDITS.] The telephone 
  2.2   assistance plan must provide telephone assistance credit for a 
  2.3   residential household in Minnesota that meets each of the 
  2.4   following criteria: 
  2.5      (1) has a household member who: 
  2.6      (i) subscribes to local exchange service; and 
  2.7      (ii) is either disabled or 65 years of age or older; 
  2.8      (2) whose household income is 150 percent or less of 
  2.9   federal poverty guidelines or is currently eligible for: 
  2.10     (i) aid to families with dependent children or Minnesota 
  2.11  family investment program-statewide; 
  2.12     (ii) medical assistance; 
  2.13     (iii) general assistance; 
  2.14     (iv) Minnesota supplemental aid; 
  2.15     (v) food stamps; 
  2.16     (vi) refugee cash assistance or refugee medical assistance; 
  2.17     (vii) energy assistance; or 
  2.18     (viii) supplemental security income; and 
  2.19     (3) who has been certified as eligible for telephone 
  2.20  assistance plan credits. 
  2.21     Sec. 3.  Minnesota Statutes 1996, section 237.70, 
  2.22  subdivision 6, is amended to read: 
  2.23     Subd. 6.  [FUNDING.] (a) The commission shall provide for 
  2.24  the funding of the telephone assistance plan by assessing a 
  2.25  uniform recurring monthly surcharge, not to exceed ten cents per 
  2.26  access line, applicable to all classes and grades of access 
  2.27  lines provided by each telephone company in the state.  
  2.28     (b) The amount of the uniform recurring monthly surcharge 
  2.29  shall not exceed: 
  2.30     (1) 12 cents per access line between July 1, 1998, and June 
  2.31  30, 1999; 
  2.32     (2) 16 cents per access line between July 1, 1999, and June 
  2.33  30, 2000; and 
  2.34     (3) 20 cents per access line after December 31, 2000. 
  2.35     (c) The commission shall discontinue assessing this 
  2.36  surcharge the month following the adoption of the universal 
  3.1   service fund required under section 237.16, subdivision 9, that 
  3.2   continues the goals, purposes, and funding for the telephone 
  3.3   assistance plan; the implementation of funding for the universal 
  3.4   service fund; and the issuance of a formal determination by the 
  3.5   commission that the funding for the universal service fund is 
  3.6   sufficient to provide ongoing telephone assistance to eligible 
  3.7   individuals. 
  3.8      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.9   237.70, subdivision 7, is amended to read: 
  3.10     Subd. 7.  [ADMINISTRATION.] The telephone assistance plan 
  3.11  must be administered jointly by the commission, the department 
  3.12  of human services, and the telephone companies in accordance 
  3.13  with the following guidelines: 
  3.14     (a) For individuals that are not eligible for automatic 
  3.15  enrollment under subdivision 8, the commission and the 
  3.16  department of human services shall develop an application 
  3.17  enrollment form that must be completed by the telephone service 
  3.18  subscriber for the purpose of certifying eligibility for 
  3.19  telephone assistance plan credits to the department of human 
  3.20  services.  The application completed enrollment form must 
  3.21  contain the applicant's social security number.  Applicants who 
  3.22  refuse to provide a social security number will be denied 
  3.23  telephone assistance plan credits.  The application form must 
  3.24  include provisions for the applicant to show the name of the 
  3.25  applicant's telephone company.  The application enrollment form 
  3.26  must also advise the applicant to submit the required proof of 
  3.27  age or disability, and income and must provide examples of 
  3.28  acceptable proof a copy or copies of federal or state tax 
  3.29  information for the previous year demonstrating the applicant's 
  3.30  total household income, or other documentation of income deemed 
  3.31  acceptable by the department of human services.  The application 
  3.32  form must state that failure to submit proof this documentation 
  3.33  with the application will result in the applicant being found 
  3.34  ineligible.  Each telephone company shall annually mail a notice 
  3.35  of the availability of the telephone assistance plan to each 
  3.36  residential subscriber in a regular billing and shall mail the 
  4.1   application form to customers when requested.  
  4.2      The notice must state the following: 
  4.3      YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
  4.4   BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 
  4.5   YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS.  FOR MORE INFORMATION 
  4.6   OR AN APPLICATION FORM PLEASE CONTACT ......... 
  4.7      (b) The department of human services shall determine the 
  4.8   eligibility for telephone assistance plan credits at least 
  4.9   annually according to the criteria contained in subdivision 4a.  
  4.10     (c) An application The enrollment form may be made 
  4.11  submitted by the telephone service subscriber, the subscriber's 
  4.12  spouse, or a person authorized by the subscriber to act on the 
  4.13  subscriber's behalf.  On completing the application certifying 
  4.14  that the statutory criteria for eligibility are satisfied 
  4.15  enrollment form, the applicant must return the application form 
  4.16  to an office of the department of human services specially 
  4.17  designated to process telephone assistance plan applications 
  4.18  enrollments.  On receiving a completed application enrollment 
  4.19  form and documentation demonstrating income eligibility from an 
  4.20  applicant, the department of human services shall determine the 
  4.21  applicant's eligibility or ineligibility within 120 days. If the 
  4.22  department fails to do so, it shall within three working days 
  4.23  provide written notice to the applicant's telephone company that 
  4.24  the company shall provide telephone assistance plan credits 
  4.25  against monthly charges in the earliest possible month following 
  4.26  receipt of the written notice.  The applicant must receive 
  4.27  telephone assistance plan credits until the earliest possible 
  4.28  month following the company's receipt of notice from the 
  4.29  department that the applicant is ineligible enroll the applicant 
  4.30  in the telephone assistance plan. 
  4.31     If the income documentation provided by the applicant does 
  4.32  not demonstrate income eligibility for the telephone assistance 
  4.33  plan, the department of human services determines shall 
  4.34  determine that an the applicant is not eligible to receive 
  4.35  telephone assistance plan credits, it and shall notify the 
  4.36  applicant within ten working days of that determination. 
  5.1      Within ten working days of determining that an applicant is 
  5.2   eligible to receive telephone assistance plan credits, the 
  5.3   department of human services shall provide written notification 
  5.4   to the telephone company that serves the applicant.  The notice 
  5.5   must include the applicant's name, address, and telephone number.
  5.6      Each telephone company shall provide telephone assistance 
  5.7   plan credits against monthly charges in the earliest possible 
  5.8   month following receipt of notice from the department of human 
  5.9   services. 
  5.10     By December 31 April 15 of each year, all enrollees, 
  5.11  including those automatically enrolled under subdivision 8, 
  5.12  shall provide the department of human services with updated 
  5.13  income documentation.  The department of human services shall 
  5.14  review each enrollee's updated documentation and shall 
  5.15  redetermine eligibility of each person receiving telephone 
  5.16  assistance plan credits, as required in paragraph (b).  The 
  5.17  department of human services shall submit an annual report to 
  5.18  the commission by January 15 of each year showing that the 
  5.19  department has determined the eligibility for telephone 
  5.20  assistance plan credits of each person receiving the credits or 
  5.21  explaining why the determination has not been made and showing 
  5.22  how and when the determination will be completed.  Any enrollee 
  5.23  who fails to provide regular updates of income documentation as 
  5.24  required under this paragraph may be deemed ineligible for 
  5.25  continued assistance. 
  5.26     If the department of human services determines that a 
  5.27  current recipient of telephone assistance plan credits an 
  5.28  enrollee's updated income information demonstrates that the 
  5.29  enrollee is not eligible to receive the credits, it the 
  5.30  department of human services shall notify, in writing, the 
  5.31  recipient within ten working days and the telephone company 
  5.32  serving the recipient within 20 working days of the 
  5.33  determination.  The notice must include the recipient's name, 
  5.34  address, and telephone number. 
  5.35     Each telephone company shall remove telephone assistance 
  5.36  plan credits against monthly charges in the earliest possible 
  6.1   month following receipt of notice from the department of human 
  6.2   services. 
  6.3      Each telephone company that disconnects a subscriber 
  6.4   receiving the telephone assistance plan credit shall report the 
  6.5   disconnection to the department of human services.  The reports 
  6.6   must be submitted monthly, identifying the subscribers 
  6.7   disconnected.  Telephone companies that do not disconnect a 
  6.8   subscriber receiving the telephone assistance plan credit are 
  6.9   not required to report.  
  6.10     If the telephone assistance plan credit is not itemized on 
  6.11  the subscriber's monthly charges bill for local telephone 
  6.12  service, the telephone company must notify the subscriber of the 
  6.13  approval for the telephone assistance plan credit. 
  6.14     (d) The commission shall serve as the coordinator of the 
  6.15  telephone assistance plan and be reimbursed for its 
  6.16  administrative expenses from the surcharge revenue pool.  As the 
  6.17  coordinator, the commission shall: 
  6.18     (1) establish a uniform statewide surcharge in accordance 
  6.19  with subdivision 6; 
  6.20     (2) establish a uniform statewide level of telephone 
  6.21  assistance plan credit that each telephone company shall extend 
  6.22  to each eligible household in its service area; 
  6.23     (3) require each telephone company to account to the 
  6.24  commission on a periodic basis for surcharge revenues collected 
  6.25  by the company, expenses incurred by the company, not to include 
  6.26  expenses of collecting surcharges, and credits extended by the 
  6.27  company under the telephone assistance plan; 
  6.28     (4) require each telephone company to remit surcharge 
  6.29  revenues to the department of administration for deposit in the 
  6.30  fund; and 
  6.31     (5) remit to each telephone company from the surcharge 
  6.32  revenue pool the amount necessary to compensate the company for 
  6.33  expenses, not including expenses of collecting the surcharges, 
  6.34  and telephone assistance plan credits.  When it appears that the 
  6.35  revenue generated by the maximum surcharge permitted under 
  6.36  subdivision 6 will be inadequate to fund any particular 
  7.1   established level of telephone assistance plan credits, the 
  7.2   commission shall reduce the credits to a level that can be 
  7.3   adequately funded by the maximum surcharge.  Similarly, the 
  7.4   commission may increase the level of the telephone assistance 
  7.5   plan credit that is available or reduce the surcharge to a level 
  7.6   and for a period of time that will prevent an unreasonable 
  7.7   overcollection of surcharge revenues. 
  7.8      (e) Each telephone company shall maintain adequate records 
  7.9   of surcharge revenues, expenses, and credits related to the 
  7.10  telephone assistance plan and shall, as part of its annual 
  7.11  report or separately, provide the commission and the department 
  7.12  of public service with a financial report of its experience 
  7.13  under the telephone assistance plan for the previous year.  That 
  7.14  report must also be adequate to satisfy the reporting 
  7.15  requirements of the federal matching plan.  
  7.16     (f) The department of public service shall investigate 
  7.17  complaints against telephone companies with regard to the 
  7.18  telephone assistance plan and shall report the results of its 
  7.19  investigation to the commission. 
  7.20     Sec. 5.  Minnesota Statutes 1996, section 237.70, is 
  7.21  amended by adding a subdivision to read: 
  7.22     Subd. 8.  [AUTOMATIC ENROLLMENT.] (a) In addition to those 
  7.23  individuals participating in the telephone assistance plan on 
  7.24  the effective date of this subdivision, and those individuals 
  7.25  that enroll in the telephone assistance plan under subdivision 
  7.26  7, the department of human services shall automatically enroll 
  7.27  in the telephone assistance plan persons for whom the data 
  7.28  maintained in state automated information systems demonstrate 
  7.29  eligibility for telephone assistance.  For the purposes of this 
  7.30  subdivision, "state automated information systems" means 
  7.31  information systems operated and maintained by the departments 
  7.32  of human services; children, families, and learning; and revenue 
  7.33  for the purpose of providing public assistance. 
  7.34     (b) The department of human services shall automatically 
  7.35  enroll eligible persons in the telephone assistance program on a 
  7.36  random basis according to the following schedule: 
  8.1      (1) by July 1, 1999, one-third of the total number of 
  8.2   persons eligible for automatic enrollment as of July 1, 1998; 
  8.3      (2) by July 1, 2000, two-thirds of that total; and 
  8.4      (3) by July 1, 2001, all persons eligible for automatic 
  8.5   enrollment.  
  8.6      (c) The departments of human services; children, families, 
  8.7   and learning; and revenue are authorized to share income 
  8.8   information contained in state automated information systems for 
  8.9   purposes consistent with this section. 
  8.10     Sec. 6.  [237.702] [OTHER TELEPHONE ASSISTANCE PLAN 
  8.11  PROVISIONS.] 
  8.12     Subdivision 1.  [OUTREACH.] The department of human 
  8.13  services, in consultation with the department of public service 
  8.14  and the public utilities commission shall develop, implement, 
  8.15  and maintain an outreach and marketing program to increase 
  8.16  awareness of the availability of telephone assistance and to 
  8.17  identify potentially eligible participants who do not have 
  8.18  telephone service. 
  8.19     Subd. 2.  [INCORPORATION INTO STATE UNIVERSAL SERVICE 
  8.20  FUND.] The public utilities commission shall develop and 
  8.21  implement the state universal service fund required under 
  8.22  section 237.16, subdivision 9, by December 31, 2000.  The 
  8.23  commission shall incorporate the purpose, goals, and levels of 
  8.24  funding of the telephone assistance plan into the purpose, 
  8.25  goals, and funding of that universal service fund. 
  8.26     Sec. 7.  [REPEALER.] 
  8.27     Minnesota Statutes 1996, section 237.69, subdivision 9, is 
  8.28  repealed. 
  8.29     Sec. 8.  [EFFECTIVE DATE.] 
  8.30     Sections 1 to 6 are effective the day following final 
  8.31  enactment.