SF 740

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; expanding the telephone 
  1.3             assistance program to provide assistance to low-income 
  1.4             families with children; amending Minnesota Statutes 
  1.5             1996, section 237.70, subdivisions 4a, 6, and 7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 237.70, 
  1.8   subdivision 4a, is amended to read: 
  1.9      Subd. 4a.  [HOUSEHOLDS ELIGIBLE FOR CREDITS.] The telephone 
  1.10  assistance plan must provide telephone assistance credit for a 
  1.11  residential household in Minnesota that meets each of the 
  1.12  following criteria: 
  1.13     (1) has a household member who: 
  1.14     (i) subscribes to local exchange service; and 
  1.15     (ii) (i) has at least one member who is either disabled or 
  1.16  65 years of age or older; or 
  1.17     (ii) has at least one member who is 18 years of age or 
  1.18  under; and 
  1.19     (2) whose household income is 150 percent or less of 
  1.20  federal poverty guidelines or is currently eligible for: 
  1.21     (i) aid to families with dependent children; 
  1.22     (ii) medical assistance; 
  1.23     (iii) general assistance; 
  1.24     (iv) Minnesota supplemental aid; 
  1.25     (v) food stamps; 
  2.1      (vi) refugee cash assistance or refugee medical assistance; 
  2.2      (vii) energy assistance; or 
  2.3      (viii) supplemental security income; and 
  2.4      (3) who has been certified as eligible for telephone 
  2.5   assistance plan credits. 
  2.6      Sec. 2.  Minnesota Statutes 1996, section 237.70, 
  2.7   subdivision 6, is amended to read: 
  2.8      Subd. 6.  [FUNDING.] The commission shall provide for the 
  2.9   funding of the telephone assistance plan by assessing a uniform 
  2.10  recurring monthly surcharge, not to exceed ten 12 cents per 
  2.11  access line, applicable to all classes and grades of access 
  2.12  lines provided by each telephone company in the state, including 
  2.13  trunk equivalents as designated by the commission for access 
  2.14  charge purposes, and including cellular and other nonwire access 
  2.15  services. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 237.70, 
  2.17  subdivision 7, is amended to read: 
  2.18     Subd. 7.  [ADMINISTRATION.] The telephone assistance plan 
  2.19  must be administered jointly by the commission, the department 
  2.20  of human services, and the telephone companies in accordance 
  2.21  with the following guidelines: 
  2.22     (a) The commission and the department of human services 
  2.23  shall develop an application form that must be completed by the 
  2.24  subscriber for the purpose of certifying eligibility for 
  2.25  telephone assistance plan credits to the department of human 
  2.26  services.  The application must contain the applicant's social 
  2.27  security number.  Applicants who refuse to provide a social 
  2.28  security number will be denied telephone assistance plan 
  2.29  credits.  The application form must include provisions for the 
  2.30  applicant to show the name of the applicant's telephone 
  2.31  company.  The application must also advise the applicant to 
  2.32  submit the required proof of age or disability, and income and 
  2.33  must provide examples of acceptable proof.  The application must 
  2.34  state that failure to submit proof with the application will 
  2.35  result in the applicant being found ineligible.  Each telephone 
  2.36  company shall annually mail a notice of the availability of the 
  3.1   telephone assistance plan to each residential subscriber in a 
  3.2   regular billing and shall mail the application form to customers 
  3.3   when requested.  
  3.4      The notice must state the following: 
  3.5      YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
  3.6   BILL IF YOU ARE SOMEONE IN YOUR HOUSEHOLD IS 65 YEARS OF AGE OR 
  3.7   OLDER, 18 YEARS OF AGE OR UNDER, OR ARE DISABLED, AND IF YOU 
  3.8   MEET CERTAIN HOUSEHOLD INCOME LIMITS.  FOR MORE INFORMATION OR 
  3.9   AN APPLICATION FORM PLEASE CONTACT ......... 
  3.10     (b) The department of human services shall determine the 
  3.11  eligibility for telephone assistance plan credits at least 
  3.12  annually according to the criteria contained in subdivision 4a.  
  3.13     (c) An application may be made by the subscriber, the 
  3.14  subscriber's spouse, or a person authorized by the subscriber to 
  3.15  act on the subscriber's behalf.  On completing the application 
  3.16  certifying that the statutory criteria for eligibility are 
  3.17  satisfied, the applicant must return the application to an 
  3.18  office of the department of human services specially designated 
  3.19  to process telephone assistance plan applications.  On receiving 
  3.20  a completed application from an applicant, the department of 
  3.21  human services shall determine the applicant's eligibility or 
  3.22  ineligibility within 120 days.  If the department fails to do 
  3.23  so, it shall within three working days provide written notice to 
  3.24  the applicant's telephone company that the company shall provide 
  3.25  telephone assistance plan credits against monthly charges in the 
  3.26  earliest possible month following receipt of the written 
  3.27  notice.  The applicant must receive telephone assistance plan 
  3.28  credits until the earliest possible month following the 
  3.29  company's receipt of notice from the department that the 
  3.30  applicant is ineligible. 
  3.31     If the department of human services determines that an 
  3.32  applicant is not eligible to receive telephone assistance plan 
  3.33  credits, it shall notify the applicant within ten working days 
  3.34  of that determination. 
  3.35     Within ten working days of determining that an applicant is 
  3.36  eligible to receive telephone assistance plan credits, the 
  4.1   department of human services shall provide written notification 
  4.2   to the telephone company that serves the applicant.  The notice 
  4.3   must include the applicant's name, address, and telephone number.
  4.4      Each telephone company shall provide telephone assistance 
  4.5   plan credits against monthly charges in the earliest possible 
  4.6   month following receipt of notice from the department of human 
  4.7   services. 
  4.8      By December 31 of each year, the department of human 
  4.9   services shall redetermine eligibility of each person receiving 
  4.10  telephone assistance plan credits, as required in paragraph (b). 
  4.11  The department of human services shall submit an annual report 
  4.12  to the legislature and the commission by January 15 of each year 
  4.13  showing that the department has determined the eligibility for 
  4.14  telephone assistance plan credits of each person receiving the 
  4.15  credits or explaining why the determination has not been made 
  4.16  and showing how and when the determination will be completed.  
  4.17     If the department of human services determines that a 
  4.18  current recipient of telephone assistance plan credits is not 
  4.19  eligible to receive the credits, it shall notify, in writing, 
  4.20  the recipient within ten working days and the telephone company 
  4.21  serving the recipient within 20 working days of the 
  4.22  determination.  The notice must include the recipient's name, 
  4.23  address, and telephone number. 
  4.24     Each telephone company shall remove telephone assistance 
  4.25  plan credits against monthly charges in the earliest possible 
  4.26  month following receipt of notice from the department of human 
  4.27  services. 
  4.28     Each telephone company that disconnects a subscriber 
  4.29  receiving the telephone assistance plan credit shall report the 
  4.30  disconnection to the department of human services.  The reports 
  4.31  must be submitted monthly, identifying the subscribers 
  4.32  disconnected.  Telephone companies that do not disconnect a 
  4.33  subscriber receiving the telephone assistance plan credit are 
  4.34  not required to report.  
  4.35     If the telephone assistance plan credit is not itemized on 
  4.36  the subscriber's monthly charges bill for local telephone 
  5.1   service, the telephone company must notify the subscriber of the 
  5.2   approval for the telephone assistance plan credit. 
  5.3      (d) The commission shall serve as the coordinator of the 
  5.4   telephone assistance plan and be reimbursed for its 
  5.5   administrative expenses from the surcharge revenue pool.  As the 
  5.6   coordinator, the commission shall: 
  5.7      (1) establish a uniform statewide surcharge in accordance 
  5.8   with subdivision 6; 
  5.9      (2) establish a uniform statewide level of telephone 
  5.10  assistance plan credit that each telephone company shall extend 
  5.11  to each eligible household in its service area; 
  5.12     (3) require each telephone company to account to the 
  5.13  commission on a periodic basis for surcharge revenues collected 
  5.14  by the company, expenses incurred by the company, not to include 
  5.15  expenses of collecting surcharges, and credits extended by the 
  5.16  company under the telephone assistance plan; 
  5.17     (4) require each telephone company to remit surcharge 
  5.18  revenues to the department of administration for deposit in the 
  5.19  fund; and 
  5.20     (5) remit to each telephone company from the surcharge 
  5.21  revenue pool the amount necessary to compensate the company for 
  5.22  expenses, not including expenses of collecting the surcharges, 
  5.23  and telephone assistance plan credits.  When it appears that the 
  5.24  revenue generated by the maximum surcharge permitted under 
  5.25  subdivision 6 will be inadequate to fund any particular 
  5.26  established level of telephone assistance plan credits, the 
  5.27  commission shall reduce the credits to a level that can be 
  5.28  adequately funded by the maximum surcharge.  Similarly, the 
  5.29  commission may increase the level of the telephone assistance 
  5.30  plan credit that is available or reduce the surcharge to a level 
  5.31  and for a period of time that will prevent an unreasonable 
  5.32  overcollection of surcharge revenues. 
  5.33     (e) Each telephone company shall maintain adequate records 
  5.34  of surcharge revenues, expenses, and credits related to the 
  5.35  telephone assistance plan and shall, as part of its annual 
  5.36  report or separately, provide the commission and the department 
  6.1   of public service with a financial report of its experience 
  6.2   under the telephone assistance plan for the previous year.  That 
  6.3   report must also be adequate to satisfy the reporting 
  6.4   requirements of the federal matching plan.  
  6.5      (f) The department of public service shall investigate 
  6.6   complaints against telephone companies with regard to the 
  6.7   telephone assistance plan and shall report the results of its 
  6.8   investigation to the commission. 
  6.9      Sec. 4.  [COMMUNITY VOICE MAIL; PILOT PROGRAMS.] 
  6.10     (a) The commissioner of the department of human services 
  6.11  shall develop and implement, by July 1, 1997, two pilot programs 
  6.12  to provide voice mail services for individuals meeting the 
  6.13  income criteria in Minnesota Statutes, section 237.70, 
  6.14  subdivision 4a.  One pilot program must be in the twin cities 
  6.15  metropolitan area and the other must be in greater Minnesota 
  6.16  outside of the metropolitan area.  The commissioner shall 
  6.17  contract with one or more community-based voice mail providers 
  6.18  for these services, and shall report to the legislature by 
  6.19  December 31, 1998, regarding the demand for these services, the 
  6.20  impact of the availability of voice mail on the individuals 
  6.21  receiving voice mail services, and recommendations regarding the 
  6.22  continued provision of the services. 
  6.23     (b) The public utilities commission shall provide up to $2 
  6.24  per month per active voice mail account from the telephone 
  6.25  assistance fund established in Minnesota Statutes, section 
  6.26  237.701, up to a total of $50,000 for these pilot programs, and 
  6.27  shall consider this additional use of the fund in establishing 
  6.28  the uniform statewide surcharge for the telephone assistance 
  6.29  plan. 
  6.30     Sec. 5.  [EFFECTIVE DATE.] 
  6.31     Section 4 is effective the day following final enactment.