SF 2346

as introduced - 90th Legislature (2017 - 2018) Posted on 04/28/2017 08:34am

A bill for an act
relating to domestic violence; permitting a court order transferring wireless phone
number and billing responsibility; amending Minnesota Statutes 2016, section
518B.01, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 518B.01, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Order to transfer wireless telephone numbers. new text end

new text begin (a) To ensure that the
petitioner maintains an existing wireless telephone number, and the wireless numbers of
any minor children in the care of the petitioner, the court, in any action for an order for
protection under this section, may issue an order after notice and hearing directing a wireless
telephone service provider to transfer billing responsibility for and rights to the wireless
telephone number or numbers to the petitioner, if the petitioner is not the account holder.
new text end

new text begin (b) The order transferring billing responsibility for and rights to the wireless telephone
number or numbers to a petitioner must:
new text end

new text begin (1) be a separate order that is directed to the wireless telephone service; and
new text end

new text begin (2) list the name and billing telephone number of the account holder, the name and
contact information of the person to whom the telephone number or numbers will be
transferred, and each telephone number to be transferred to that person.
new text end

new text begin (c) The court must ensure that the petitioner's contact information listed on the order
transferring billing responsibility is confidential and is not provided to the account holder.
new text end

new text begin (d) The court must serve the order transferring billing responsibility upon the wireless
telephone service provider's agent for service of process listed with the secretary of state.
new text end

new text begin (e) If technical or operational circumstances prevent the wireless telephone service
provider from implementing the order transferring billing responsibility, the wireless
telephone service provider must notify the court within 72 hours of receipt of the order and
the order must be automatically suspended. Circumstances preventing implementation of
the order include but are not limited to:
new text end

new text begin (1) the account holder already terminated the account;
new text end

new text begin (2) differences in network technology prevent the functionality of a device on the network;
new text end

new text begin (3) geographic or other factors limit network or service availability; or
new text end

new text begin (4) implementing the order would prevent or impair the use of the telephone number or
numbers.
new text end

new text begin (f) Upon transfer of billing responsibility for and rights to a wireless telephone number
or numbers to a petitioner under this subdivision, the petitioner assumes all financial
responsibility for the transferred wireless telephone number or numbers, monthly service
costs, and costs for any mobile device associated with the wireless telephone number or
numbers.
new text end

new text begin (g) This subdivision does not preclude a wireless telephone service provider from
applying to the petitioner any routine and customary requirements for account establishment
as part of the transfer of billing responsibility for a wireless telephone number or numbers
and any devices attached to that number or numbers, including but not limited to
identification, financial information, and customer preferences.
new text end

new text begin (h) This subdivision does not affect the ability of the court to apportion the assets and
debts of the parties as provided for in law, or the ability to determine the temporary use,
possession, and control of personal property under subdivision 6, paragraph (a), clause (8).
new text end

new text begin (i) No cause of action shall lie against any wireless telephone service provider or its
officers, employees, or agents for actions taken according to this subdivision or according
to the terms of an order transferring billing responsibility issued under this section.
new text end