SF 910

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; eliminating the 
  1.3             telecommunication access for communication-impaired 
  1.4             persons board; creating telecommunication access 
  1.5             duties for the departments of public service and human 
  1.6             services; specifying the membership of regional 
  1.7             service for deaf and hard of hearing advisory 
  1.8             committees; amending Minnesota Statutes 1994, sections 
  1.9             237.50, subdivision 4; 237.51, subdivisions 1, 5, and 
  1.10            by adding a subdivision; 237.52, subdivisions 2, 4, 
  1.11            and 5; 237.53, subdivisions 1, 3, 5, and 7; 237.54, 
  1.12            subdivision 2; 237.55; and 256C.24, subdivision 3; 
  1.13            repealing Minnesota Statutes 1994, sections 237.50, 
  1.14            subdivision 2; 237.51, subdivisions 2, 3, 4, and 6; 
  1.15            and 237.54, subdivision 1. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 237.50, 
  1.18  subdivision 4, is amended to read: 
  1.19     Subd. 4.  [COMMUNICATION DEVICE.] "Communication device" 
  1.20  means a device that when connected to a telephone enables a 
  1.21  communication-impaired person to communicate with another person 
  1.22  utilizing the telephone system.  A "communication device" 
  1.23  includes a ring signaler, an amplification device, a telephone 
  1.24  device for the deaf, a Brailling device for use with a 
  1.25  telephone, and any other device the board department of human 
  1.26  services deems necessary. 
  1.27     Sec. 2.  Minnesota Statutes 1994, section 237.51, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [CREATION.] The telecommunication access 
  1.30  for communication-impaired persons board is established to 
  2.1   establish and department of public service shall administer 
  2.2   through interagency agreement with the department of human 
  2.3   services a program to distribute communication devices to 
  2.4   eligible communication-impaired persons and contract with a 
  2.5   local consumer group that serves communication-impaired persons 
  2.6   to create and maintain a telecommunication relay service.  For 
  2.7   purposes of sections 237.51 to 237.56, the department of public 
  2.8   service and any organization with which it contracts pursuant to 
  2.9   this section or section 237.54, subdivision 2, are not telephone 
  2.10  companies or telecommunications carriers as defined in section 
  2.11  237.01. 
  2.12     Sec. 3.  Minnesota Statutes 1994, section 237.51, 
  2.13  subdivision 5, is amended to read: 
  2.14     Subd. 5.  [DEPARTMENT OF PUBLIC SERVICE DUTIES.] In 
  2.15  addition to any duties specified elsewhere in sections 237.51 to 
  2.16  237.56, the board department of public service shall: 
  2.17     (1) define economic hardship, special needs, and household 
  2.18  criteria so as to determine the priority of eligible applicants 
  2.19  for initial distribution of devices and to determine 
  2.20  circumstances necessitating provision of more than one 
  2.21  communication device per household; 
  2.22     (2) establish a method to verify eligibility requirements; 
  2.23     (3) establish specifications for communication devices to 
  2.24  be purchased under section 237.53, subdivision 3; 
  2.25     (4) enter contracts for the establishment and operation of 
  2.26  the telecommunication relay service pursuant to section 237.54; 
  2.27     (5) inform the public and specifically the community of 
  2.28  communication-impaired persons of the program; 
  2.29     (6) prepare the reports required by section 237.55; 
  2.30     (7) (2) administer the fund created in section 237.52; and 
  2.31     (8) reestablish and fill the position of program 
  2.32  administrator whose position is in the unclassified service and 
  2.33  establish and fill other positions in the classified service 
  2.34  required to conduct the business of the board; 
  2.35     (9) (3) adopt rules, including emergency rules, under 
  2.36  chapter 14 to implement the provisions of sections 237.50 to 
  3.1   237.56.; and 
  3.2      (10) notwithstanding any provision of chapter 16B, develop 
  3.3   guidelines for the purchase of some communication devices from 
  3.4   local retailers and dispensers if the board determines that 
  3.5   otherwise they will be economically harmed by implementation of 
  3.6   sections 237.50 to 237.56. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 237.51, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 5a.  [DEPARTMENT OF HUMAN SERVICES; DUTIES.] (a) In 
  3.10  addition to any duties specified elsewhere in sections 237.51 to 
  3.11  237.56, the department of human services shall: 
  3.12     (1) define economic hardship, special needs, and household 
  3.13  criteria so as to determine the priority of eligible applicants 
  3.14  for initial distribution of devices and to determine 
  3.15  circumstances necessitating provision of more than one 
  3.16  communication device per household; 
  3.17     (2) establish a method to verify eligibility requirements; 
  3.18     (3) establish specifications for communication devices to 
  3.19  be purchased under section 237.53, subdivision 3; 
  3.20     (4) inform the public and specifically the community of 
  3.21  communication-impaired persons of the program; and 
  3.22     (5) notwithstanding any provision of chapter 16B, develop 
  3.23  guidelines for the purchase of some communication devices from 
  3.24  local retailers and dispensers if the department determines that 
  3.25  otherwise they will be economically harmed by implementation of 
  3.26  sections 237.50 to 237.56. 
  3.27     (b) The department may establish an advisory board to 
  3.28  advise the department in carrying out the duties specified in 
  3.29  this section and to advise the department of public service in 
  3.30  carrying out its duties under section 237.54.  If so 
  3.31  established, the advisory board must include, at a minimum, the 
  3.32  following communication-impaired persons: 
  3.33     (1) at least one member who is deaf; 
  3.34     (2) at least one member who is speech impaired; 
  3.35     (3) at least one member who is mobility impaired; and 
  3.36     (4) at least one member who is hard-of-hearing. 
  4.1      The membership terms, compensation, and removal of members 
  4.2   and the filling of membership vacancies are governed by section 
  4.3   15.059.  Advisory board meetings shall be held at the discretion 
  4.4   of the commissioner. 
  4.5      Sec. 5.  Minnesota Statutes 1994, section 237.52, 
  4.6   subdivision 2, is amended to read: 
  4.7      Subd. 2.  [ASSESSMENT.] The board department of public 
  4.8   service shall annually recommend to the commission an adequate 
  4.9   and appropriate mechanism surcharge and budget to implement 
  4.10  sections 237.50 to 237.56.  The public utilities commission 
  4.11  shall review the board's budget for reasonableness and may 
  4.12  modify the budget to the extent it is unreasonable.  The 
  4.13  commission shall annually determine the funding mechanism to be 
  4.14  used within 60 days of receipt of the recommendation of 
  4.15  the program administrator department and shall order the 
  4.16  imposition of surcharges effective on the earliest practicable 
  4.17  date.  The commission shall establish a monthly charge no 
  4.18  greater than 20 cents for each customer access line, including 
  4.19  trunk equivalents as designated by the commission pursuant to 
  4.20  section 403.11, subdivision 1. 
  4.21     Sec. 6.  Minnesota Statutes 1994, section 237.52, 
  4.22  subdivision 4, is amended to read: 
  4.23     Subd. 4.  [APPROPRIATION.] Money in the fund is 
  4.24  appropriated to the board department of public service to 
  4.25  implement sections 237.51 to 237.56. 
  4.26     Sec. 7.  Minnesota Statutes 1994, section 237.52, 
  4.27  subdivision 5, is amended to read: 
  4.28     Subd. 5.  [EXPENDITURES.] Money in the fund may only be 
  4.29  used for: 
  4.30     (1) expenses of the board department of public service, 
  4.31  including personnel cost, public relations, advisory board 
  4.32  members' expenses, preparation of reports, and other reasonable 
  4.33  expenses not to exceed 20 10 percent of total program 
  4.34  expenditures; 
  4.35     (2) reimbursing the commissioner of human services for 
  4.36  purchases made or services provided pursuant to section 237.53; 
  5.1      (3) reimbursing telephone companies for purchases made or 
  5.2   services provided under section 237.53, subdivision 5; and 
  5.3      (4) contracting for establishment and operation of the 
  5.4   telecommunication relay service required by section 237.54. 
  5.5      All costs directly associated with the establishment of the 
  5.6   board and program, the purchase and distribution of 
  5.7   communication devices, and the establishment and operation of 
  5.8   the telecommunication relay service are either reimbursable or 
  5.9   directly payable from the fund after authorization by the 
  5.10  board department of public service.  The department of public 
  5.11  service shall contract with the message relay service operator 
  5.12  to indemnify the local exchange carriers of the relay service 
  5.13  for any fines imposed by the Federal Communications Commission 
  5.14  related to the failure of the relay service to comply with 
  5.15  federal service standards.  Notwithstanding section 16A.41, 
  5.16  the board department of public service may advance money to the 
  5.17  contractor of the telecommunication relay service if the 
  5.18  contractor establishes to the board's department's satisfaction 
  5.19  that the advance payment is necessary for the operation of the 
  5.20  service.  The advance payment may be used only for working 
  5.21  capital reserve for the operation of the service.  The advance 
  5.22  payment must be offset or repaid by the end of the contract 
  5.23  fiscal year together with interest accrued from the date of 
  5.24  payment.  
  5.25     Sec. 8.  Minnesota Statutes 1994, section 237.53, 
  5.26  subdivision 1, is amended to read: 
  5.27     Subdivision 1.  [APPLICATION.] A person applying for a 
  5.28  communication device under this section must apply to the 
  5.29  program administrator on a form prescribed by the board 
  5.30  department of human services.  
  5.31     Sec. 9.  Minnesota Statutes 1994, section 237.53, 
  5.32  subdivision 3, is amended to read: 
  5.33     Subd. 3.  [DISTRIBUTION.] The commissioner of human 
  5.34  services shall purchase and distribute a sufficient number of 
  5.35  communication devices so that each eligible household receives 
  5.36  an appropriate device.  The commissioner of human services shall 
  6.1   distribute the devices to eligible households in each service 
  6.2   area free of charge as directed by the board determined under 
  6.3   section 237.51, subdivision 5 5a. 
  6.4      Sec. 10.  Minnesota Statutes 1994, section 237.53, 
  6.5   subdivision 5, is amended to read: 
  6.6      Subd. 5.  [WIRING INSTALLATION.] If a 
  6.7   communication-impaired person is not served by telephone service 
  6.8   and is subject to economic hardship as determined by the board 
  6.9   department of human services, the telephone company providing 
  6.10  local service shall at the direction of the administrator of the 
  6.11  program install necessary outside wiring without charge to the 
  6.12  household. 
  6.13     Sec. 11.  Minnesota Statutes 1994, section 237.53, 
  6.14  subdivision 7, is amended to read: 
  6.15     Subd. 7.  [STANDARDS.] The communication devices 
  6.16  distributed under this section must comply with the electronic 
  6.17  industries association standards and approved by the Federal 
  6.18  Communications Commission.  The commissioner of human services 
  6.19  must provide each eligible person a choice of several models of 
  6.20  devices, the retail value of which may not exceed $600 for a 
  6.21  communication device for the deaf, and a retail value of $7,000 
  6.22  for a telebraille device, or an amount authorized by the board 
  6.23  department of human services for a telephone device for the deaf 
  6.24  with auxiliary equipment. 
  6.25     Sec. 12.  Minnesota Statutes 1994, section 237.54, 
  6.26  subdivision 2, is amended to read: 
  6.27     Subd. 2.  [OPERATION.] The board department of public 
  6.28  service shall contract with a local consumer organization that 
  6.29  serves communication-impaired persons for operation and 
  6.30  maintenance of the telecommunication relay system.  The 
  6.31  board department may contract with other than a local consumer 
  6.32  organization if the board finds by at least a two-thirds 
  6.33  majority vote that no local consumer organization is available 
  6.34  to enter into or perform a reasonable contract to operate a 
  6.35  telecommunications relay system or the only available consumer 
  6.36  organization fails to comply with terms of a contract.  The 
  7.1   operator of the system shall keep all messages confidential, 
  7.2   shall train personnel in the unique needs of 
  7.3   communication-impaired people, and shall inform 
  7.4   communication-impaired persons and the public of the 
  7.5   availability and use of the system.  The operator shall not 
  7.6   relay a message unless it originates or terminates through a 
  7.7   communication device for the deaf or a Brailling device for use 
  7.8   with a telephone. 
  7.9      Sec. 13.  Minnesota Statutes 1994, section 237.55, is 
  7.10  amended to read: 
  7.11     237.55 [REPORTS; PLANS.] 
  7.12     The board department of public service must prepare a 
  7.13  report for presentation to the commission by January 31 of each 
  7.14  year.  Each report must review the accessibility of the 
  7.15  telephone system to communication-impaired persons, review the 
  7.16  ability of non-communication-impaired persons to communicate 
  7.17  with communication-impaired persons via the telephone system, 
  7.18  describe services provided, account for money received and 
  7.19  disbursed annually for each aspect of the program to date, and 
  7.20  include predicted future operation. 
  7.21     Sec. 14.  Minnesota Statutes 1994, section 256C.24, 
  7.22  subdivision 3, is amended to read: 
  7.23     Subd. 3.  [ADVISORY COMMITTEE.] The commissioner of human 
  7.24  services shall appoint an advisory committee of eight nine 
  7.25  persons for each regional service center area.  Members shall 
  7.26  include persons who are deaf and hard of hearing, persons who 
  7.27  are communication-impaired, parents of children who are deaf and 
  7.28  hard of hearing, parents of communication-impaired children, and 
  7.29  representatives of county and regional human services, including 
  7.30  representatives of private service providers.  At least 50 
  7.31  percent of the members must be deaf or hard of hearing or 
  7.32  communication-impaired.  Committee members shall serve for a 
  7.33  three-year term and shall serve no more than two consecutive 
  7.34  terms.  The commissioner of human services shall designate one 
  7.35  member as chair.  The commissioner of human services shall 
  7.36  assign staff to serve as ex officio members of the committee.  
  8.1   The compensation, removal of members, and filling of vacancies 
  8.2   on the committee shall be as provided in section 15.0575. 
  8.3      Sec. 15.  [TACIP BOARD, ABOLISHMENT; TRANSFER OF DUTIES.] 
  8.4      The telecommunications access for communication-impaired 
  8.5   persons board is abolished.  The responsibilities of the board 
  8.6   are transferred to the departments of public service and human 
  8.7   services pursuant to Minnesota Statutes, section 15.039, and 
  8.8   sections 1 to 13, except that section 15.039, subdivision 7, 
  8.9   applies only to the classified positions. 
  8.10     Sec. 16.  [REPORT.] 
  8.11     The department of public service shall make a report to the 
  8.12  legislature by February 15, 1997, comparing: 
  8.13     (1) the telecommunication relay system management 
  8.14  performance of the telecommunication access for 
  8.15  communication-impaired persons board and the system's relay 
  8.16  operator for 1994; and 
  8.17     (2) the telecommunication relay system management 
  8.18  performance of the department of public service and the system's 
  8.19  relay operator for 1996. 
  8.20     Sec. 17.  [REPEALER.] 
  8.21     Minnesota Statutes 1994, sections 237.50, subdivision 2; 
  8.22  237.51, subdivisions 2, 3, 4, and 6; and 237.54, subdivision 1, 
  8.23  are repealed. 
  8.24     Sec. 18.  [EFFECTIVE DATE.] 
  8.25     This act is effective July 1, 1995.