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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 543-S.F.No. 2302 
           An act relating to telephone services; requiring local 
          location identification data bases for 911 systems; 
          classifying data provided for data bases; amending 
          Minnesota Statutes 1988, sections 403.02, by adding a 
          subdivision; and 403.07, by adding subdivisions; 
          Minnesota Statutes 1989 Supplement, section 403.11, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 403.02, is 
amended by adding a subdivision to read: 
    Subd. 8.  [LOCAL LOCATION IDENTIFICATION.] "Local location 
identification" means the process of locating the origin of 
calls to a 911 system by means of a periodically updated data 
base located and maintained at the public safety answering point.
    Sec. 2.  Minnesota Statutes 1988, section 403.07, is 
amended by adding a subdivision to read: 
    Subd. 3.  [DATA BASE.] In 911 systems that have been 
approved by the department of administration for a local 
location identification base, each public utility providing 
telephone service shall provide current customer names, service 
addresses, and telephone numbers to each public safety answering 
point within the 911 system and shall update the information 
according to a schedule prescribed by the county 911 plan. 
Information provided under this subdivision must be provided in 
accordance with the transactional record disclosure requirements 
of the federal Electronic Communications Privacy Act of 1986, 
United States Code, title 18, section 2703, subsection (c), 
paragraph (1), clause (B)(iv).  
    Sec. 3.  Minnesota Statutes 1988, section 403.07, is 
amended by adding a subdivision to read: 
    Subd. 4.  [USE OF FURNISHED INFORMATION.] Names, addresses, 
and telephone numbers provided to a 911 system under subdivision 
3 are private data and may be used only for identifying the 
location or identity, or both, of a person calling a 911 public 
safety answering point.  The information furnished under 
subdivision 3 may not be used or disclosed by 911 system 
agencies, their agents, or their employees for any other purpose 
except under a court order.  This subdivision does not affect 
access to service data under section 13.82, subdivision 3, when 
data subject to that provision is sought from a law enforcement 
agency.  
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
403.11, subdivision 1, is amended to read: 
    Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
customer of a local exchange company is assessed a fee to cover 
the costs of ongoing maintenance and related improvements for 
trunking and central office switching equipment for minimum 911 
emergency telephone service, plus administrative and staffing 
costs of the department of administration related to managing 
the 911 emergency telephone service program.  Recurring charges 
by a public utility providing telephone service for updating the 
information required by section 403.07, subdivision 3, must be 
paid by the commissioner for information if the utility is 
included in an approved 911 plan and the charges have been 
certified and approved under subdivision 3.  
     (b) The fee may not be less than eight cents nor more than 
30 cents a month for each customer access line, including trunk 
equivalents as designated by the public utilities commission for 
access charge purposes.  The fee must be the same for all 
customers.  
     (c) The fee must be collected by each utility providing 
local exchange telephone service.  Fees are payable to and must 
be submitted to the commissioner of administration monthly 
before the 25th of each month following the month of collection, 
except that fees may be submitted quarterly if less than $250 a 
month is due, or annually if less than $25 a month is due.  
Receipts must be deposited in the state treasury and credited to 
a 911 emergency telephone service account in the special revenue 
fund.  The money in the account may only be used for 911 
telephone services as provided in paragraph (a).  
     (d) The commissioner of administration, with the approval 
of the commissioner of finance, shall establish the amount of 
the fee within the limits specified and inform the utilities of 
the amount to be collected.  Utilities must be given a minimum 
of 45 days notice of fee changes. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:29 p.m.